As part of the UAE's commitment to prevent harmful tax practices (for example, tax evasion), the UAE introduced Economic Substance Regulations in April 2019, which were amended by Cabinet of Ministers Resolution No. 57 of 2020 concerning Economic Substance Regulations in August 2020. Ministerial decision No. 100 for the year 2020 on the issuance of directives for the implementation of the provisions of the Regulations, issued under Article 20 of the Regulations, provides further guidance and direction to entities carrying out one or more Relevant Activities.
- The Regulations require UAE onshore and free zone companies and certain other business forms that carry out certain activities to maintain and demonstrate an adequate economic presence in the UAE relative to the activities they undertake.
- The purpose of the Regulations is to ensure that UAE entities have sufficient economic activity undertaken within the UAE that is commensurate with the actual profits reported in the UAE.
- The Regulations have been approved by the Organization for Economic Development and Cooperations (OECD) and EU Code of Conduct Group on Business Taxation (EU COCG) as meeting the necessary international standards to combat harmful tax practices.
How can ACE Tax Consultants LLC assist businesses in fulfilling their Economic Substance Regulations (ESR) requirements?
1. Expert Knowledge of ESR Requirements: We possess a deep understanding of the specific ESR regulations in the UAE, ensuring that businesses comply with all the necessary criteria.
2. ESR Classification and Assessment: Consultants can help determine whether a business falls within the scope of ESR regulations, based on factors like its activities, revenue, and presence in the UAE.
3. Tailored Compliance Strategies: ACE tax consultants can develop customized strategies to ensure that the business meets the ESR requirements. This may include recommendations on operational adjustments or restructuring.
4. Record-keeping and Reporting: We can guide the business in maintaining accurate and comprehensive records to support ESR compliance. This includes financial statements, contracts, and other relevant documentation.
5. Evaluation of Core Income-Generating Activities (CIGAs): Consultants can assess and document the core income-generating activities of the business, which is a crucial aspect of ESR compliance.
6. Monitoring and Ongoing Compliance: We can provide continuous support to monitor the business's activities and operations, ensuring that they align with ESR requirements over time.
7. Risk Assessment and Mitigation: ACE Tax Consultants LLC can identify potential risks and vulnerabilities related to ESR compliance and recommend strategies to mitigate them.
8. Preparation of ESR Reports: We assist in preparing and submitting the required ESR reports to the relevant authorities, ensuring accuracy and compliance.
9. Advisory on Substance Requirements: Consultants can advise on meeting substance requirements, which may include having adequate personnel, physical presence, and assets in the UAE.
10. Government Liaison and Representation: We can act as intermediaries between the business and government authorities, facilitating communication and ensuring that all regulatory processes are followed correctly.
11. Training and Awareness Programs: ACE Tax Consultants LLC may offer training programs to educate employees and stakeholders on ESR compliance, helping to embed a culture of adherence within the organization.
By leveraging our expertise in tax and regulatory matters, ACE Tax Consultants LLC can provide businesses with the necessary guidance and support to navigate the complexities of ESR compliance in the UAE. This ensures that businesses meet their obligations while maintaining operational efficiency and competitiveness in the market.
