HANDS-ON TIPS TO MINIMIZE TAX OPERATIONS
Benefit from the UAE-KSA Double Taxation Treaty
According to the treaty, UAE businesses are eligible to receive credits or exemptions from income taxes in the Kingdom. For instance, a 10% withholding tax is applied to royalties, which can be deducted against UAE tax obligations.
Make use of the Foreign Permanent Establishment Exemption
Companies that are tax residents in the UAE may choose to exclude income from a KSA subsidiary if it is subject to 20% or more KSA tax. This exemption reduces UAE taxable income, as KSA levies 20%.
Transfer Pricing (TP) Compliance
Related-party transactions between UAE and KSA businesses (entities) are subject to the Arm’s Length Principle (ALP). Artificially increasing costs in the UAE to reduce profit in KSA could raise several audit flags and may lead to assessments and penalties.
Optimize Withholding Tax (WHT) Credits
A 5% to 20% WHT rate is imposed by KSA on service payments made to UAE entities. UAE companies may be able to claim foreign tax credits under UAE tax law, with a potential cap of 9%. Any WHT paid in excess of this is not refundable; therefore, proper documentation is critical.
CASE STUDY: STRUCTURING FOR TAX EFFICIENCY
A UAE-based tech firm expanded into the Kingdom by setting up a subsidiary. KSA clients were billed through the KSA subsidiary rather than directly from the UAE entity, which allowed the following:
- Profits generated in KSA are subject to a local tax of 20%.
- UAE can implement the exemption for foreign permanent establishments.
- Prevention of double taxation.
- Adherence to TP and WHT rules.
Result: The firm minimized its effective tax burden and avoided regulatory penalties.
FREQUENTLY ASKED QUESTIONS BY OUR CLIENTS
Can I do business in KSA without setting up a local entity?
Yes, you can; however, this may result in permanent establishment risks and withholding taxes. It is generally more advantageous from a tax perspective to establish a local branch or subsidiary.
What is the risk of ignoring transfer pricing rules?
The risk is very high. ZATCA and the FTA are putting enhanced focus on intercompany transactions, and the biggest risk is that non-compliant entities could be audited, fined, and have their deductions disallowed.
Are all UAE free zones not subject to corporate tax?
Not all UAE free zones qualify for the 0% rate. Qualifying Free Zone Persons (QFZPs) are eligible under very strict regulations. If you are not classified properly, you may be liable for full taxation and associated penalties.
HOW WE CAN HELP
At Creation Business Consultants, our expertise covers:
CONCLUSION AND NEXT STEPS
At Creation Business Consultants, we are here to assist using our expertise. While operating in both the UAE and KSA presents vast opportunities for growth, success can only be achieved through smart tax operations-operations that leverage treaty benefits and entity structuring to minimize taxable exposure. The right approach can save millions and alleviate your regulatory headaches.
Contact us at [email protected] or call +971 4 878 6240 to get started