How Does Small Business Relief Apply To Natural Persons?
A natural person conducting a Business or Business Activity in the UAE may potentially elect for Small Business Relief, but two separate thresholds need to be considered.
A natural person is generally only required to register for Corporate Tax where the total Turnover from UAE Businesses or Business Activities exceeds AED 1 million in a Gregorian calendar year.
Where a natural person’s applicable Turnover does not exceed AED 1 million, the person would generally not be subject to Corporate Tax in respect of those Businesses or Business Activities and would not ordinarily need to elect for Small Business Relief.
The AED 1 million Turnover threshold is separate from the AED 3 million Revenue threshold used to determine eligibility for Small Business Relief.
A natural person with multiple Businesses or Business Activities must consider the combined position. The thresholds should not be applied separately to each activity in an attempt to remain below the relevant amount.
Wages, personal investment income and real estate investment income are generally outside the scope of Corporate Tax for a natural person where the relevant conditions are met.
Can A Free Zone Company Claim Small Business Relief?
A Qualifying Free Zone Person cannot elect for Small Business Relief.
This does not mean that every Free Zone company is automatically excluded. The company’s actual Corporate Tax status must be assessed.
A Free Zone Person that is not, or has ceased to be, a Qualifying Free Zone Person may potentially qualify for Small Business Relief if it meets the Revenue threshold and all other conditions.
Free Zone businesses should therefore avoid making assumptions based solely on where the company is incorporated.
WHO CANNOT CLAIM SMALL BUSINESS RELIEF?
Small Business Relief is not available to:
- A Qualifying Free Zone Person.
- A Constituent Company of a Multinational Enterprise Group within the applicable UAE Country-by-Country Reporting framework.
The MNE exclusion generally concerns groups with consolidated group Revenue of AED 3.15 billion or more in the relevant preceding Financial Year.
HOW TO CLAIM SMALL BUSINESS RELIEF
Small Business Relief is not applied automatically simply because Revenue is below AED 3 million.
The election is made through the Corporate Tax Return for the relevant Tax Period. A separate advance application or FTA pre-approval is not normally required.
Before making the election, the business should:
- Confirm that it is a Taxable Person and a UAE Resident Person.
- Review Revenue for the current and all applicable previous Tax Periods.
- Confirm that Revenue has not exceeded AED 3 million in any relevant period.
- Check whether any exclusion applies, including Qualifying Free Zone Person or MNE Group status.
- Review available Tax Losses, Net Interest Expenditure, exemptions, deductions and other reliefs.
- Register for Corporate Tax and obtain a Tax Registration Number where required.
- Make the election in the Corporate Tax Return for the relevant Tax Period.
- File the return by the applicable deadline, which is generally nine months from the end of the Tax Period.
A fresh election is required for every Tax Period in which the business wishes to claim the relief.
Does The Business Still Need To File A Corporate Tax Return?
Yes.
An eligible business must still register for Corporate Tax where required and submit a Corporate Tax Return. Where Small Business Relief is elected, the business may complete a simplified return.
The election does not remove the need to maintain proper accounting records or provide evidence supporting the Revenue position reported in the return.
Corporate Tax records and supporting documents must generally be retained for seven years following the end of the relevant Tax Period.
WHAT HAPPENS WHEN SMALL BUSINESS RELIEF IS ELECTED?
Where a valid election is made, the Taxable Person is treated as having no Taxable Income for that Tax Period.
This can reduce both the immediate tax liability and the level of Corporate Tax calculation required. However, the election also affects the use of other Corporate Tax exemptions, reliefs and deductions.