Arabian Post Staff -Dubai
The United Arab Emirates Ministry of Finance has introduced Cabinet Decision No. 35 of 2025, outlining specific criteria under which non-resident juridical persons—entities not incorporated in the UAE—are considered to have a taxable presence, or ‘nexus’, in the country. This decision supersedes the earlier Cabinet Decision No. 56 of 2023 and provides clarity on the tax obligations of foreign investors, particularly those involved with Qualifying Investment Funds and Real Estate Investment Trusts .
Under the new guidelines, non-resident juridical persons are deemed to have a nexus in the UAE if they earn income from immovable property located within the country. Immovable property encompasses land, buildings, and fixtures permanently attached to the land or structures. This definition aligns with international tax norms, ensuring that income derived from such properties is taxable in the jurisdiction where the property is situated.
The decision specifies that foreign entities investing in UAE real estate, whether directly or through vehicles like QIFs or REITs, will be subject to corporate tax on income generated from these investments. This taxation applies regardless of whether the property is held for business operations or as an investment asset. The income will be taxed on a net basis, permitting the deduction of relevant expenditures that comply with the conditions set out in the Corporate Tax Law.
Younis Haji Al Khoori, Undersecretary of the Ministry of Finance, emphasized that this approach is consistent with international best practices, which stipulate that income derived from immovable property is taxable in the country where the property is located. He noted that the UAE’s Corporate Tax Law incorporates features that honor international taxation principles and ensures neutrality between domestic and foreign companies earning income from immovable property in the UAE.
The introduction of these guidelines is part of the UAE’s broader efforts to establish a fair and transparent tax system that aligns with global standards. In December 2024, the UAE announced plans to implement a 15% minimum top-up tax on large multinational companies starting January 2025, in accordance with the Organisation for Economic Co-operation and Development’s global minimum corporate tax agreement. This tax targets companies with consolidated global revenues of €750 million or more in at least two of the four financial years preceding its implementation.
The Ministry of Finance is considering the introduction of corporate tax incentives to promote research and development activities and high-value employment within the country. The proposed R&D tax incentive, expected to take effect for tax periods starting on or after January 1, 2026, would offer a refundable tax credit ranging from 30% to 50%, depending on the size of the company’s operations and revenue. Similarly, a refundable tax credit for high-value employment activities is under consideration, potentially applicable from January 1, 2025.
The UAE’s commitment to aligning its tax policies with international standards reflects its dedication to fostering a competitive and transparent business environment. By clarifying the tax obligations of non-resident investors and introducing measures to prevent tax avoidance, the UAE aims to enhance its economic competitiveness and attract sustainable investments.
