UAE tax structuring advice, including:
- Advice on UAE tax residency risk for non-UAE resident entities;
- Advice on the notion of « UAE effective management and control » of a foreign company for UAE CIT purposes and related UAE tax implications and compliance obligations;
- Provided practical recommendation for non-UAE resident entities to mitigate UAE tax residency risk (including location of employees, number of board meetings, location of board meetings, accounting and legal documents requirements etc).;
- Advise on why the UAE should be the preferred holding / headquarter jurisdiction compared to common holding locations such as UK, Netherlands Luxembourg or Mauritius in light with the recent introduction of the UAE CIT laws as well as the OECD Base Erosion and Profit shifting developments to address harmful tax practices and introduction of minimum « substance » requirements in low-tax jurisdictions;
- Provided detailed advice on the tax incentives offered to a Free Zone Person (“FZP”) and underlying conditions for availing such incentives including broad risks of FZP incentive disqualification and related administrative requirements;
- Provided detailed advice on the conditions to form a Tax Group and review in details UAE group entities meeting such requirements;
- Comment on the tax advantages provided by the creation of a Tax Group, the related tax compliance obligations and process as well as the implications of any change of the members of the Tax Group.
Advice on tax implication of foreign company shares transfer, including:
- Advice on capital gains tax implications under UAE-Egypt Double Tax Treaty
- Advice on UAE participation exemption regime
- Tax comment and advise on tax clause in shares purchase agreement
VAT advisory, including:
- Advice on VAT implications of the Costs Recharges,
- Review of management service agreements entered by UAE based entities and advice on solutions to avoid VAT leakage at AMEA Group level;
- Advise on remedial solutions based on UAE VAT regulations and identify VAT optimizations opportunities in UAE companies Cost Recharges;
- Provided clear recommendations on tax risk mitigation steps for the group (including advice on filling or not a voluntary disclosure application).
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