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Will the Banking Sector be Subject to the UAE Corporate Tax Regime?

The UAE Corporate Tax will be effective from the 1st of June 2023. The UAE Corporate Tax will be equally applicable to all types of businesses and commercial workouts excluding extraction of natural resources, among other exemptions which will continue to be taxed at the Emirate level. Banking operations are no exception to Corporate Tax, they will be governed by the UAE Corporate Tax Regime. The application of Corporate Tax to the Banking sector is a landmark transformation in the UAE. The Banking sector was earlier applicable to only the emirate level taxation. Thus, it is highly essential for the Banking sector to outsource expert Corporate Tax consultation to ensure a seamless process of applying and complying with the new tax regime. 

What's the Current Scenario of Banking Taxation Setup in UAE?

Presently, domestic banking/financial groups are not subject to corporate tax in the UAE. Nevertheless, each of the different UAE emirates has corporate taxation ordinances for the banking sectors that apply Corporate Tax to overseas bank sectors and oil and gas production businesses. The banking rulings set limits on the inference of local management expenditures that are limited at 2.5 percent of revenues and interest on interbank (dividend to be determined on current rates of interbank). However, with the implementation of the Corporate Tax regime, which would apply domestic Corporate Tax and transfer pricing (TP) restrictions to all domestic banking sectors as well as any sectors or associates of international banks that are now governed by banking rulings at the Emirates level.

What is Timeline for Implementation and Decrees?

Corporate tax in UAE is anticipated to be derived from financial accounting total revenue or toll with just minor modifications. How the jurisdictions of the in-scope organizations' configuration execute the regulations will determine the precise scope and type of impact on local and foreign banks in the UAE in the Financial Year 2023.

Read More : How to Prepare Financial Statement Audit Before Corporate Tax Commence in UAE

What Are Possible Considerations as Per Corporate Income Tax UAE While Encountering Taxation of Foreign Bank Branches?

For international banks with processes in the United Arab Emirates, the impact of the Global Minimum Tax in Financial Year 2023 may be sensed at the tier of the parent jurisdiction in the case Effective Tax Rate is lower than 15 percent, inferring the UAE does not implement the Global Minimum Tax in 2023. It might seem implausible that such banking sectors in the UAE would have an Effective Tax Rate lower than the minimum rate of 15 percent given the headline corporate tax ratio of 20% that is pertained to them. This is however conceivable, for instance, when a foreign bank sector benefits from "tax-free" income and/or incorporates a special economic free zone into its design, like the DIFC (Dubai International Financial Centre), which offers 0% corporation tax rates.

What Are the Considerations That Should Be Taken by Banks?

The new regulations are anticipated to cause groups to incur extra tax cash outflows both in Financial Year 2023 and further beyond. The requirements are intricate, so tax, accounting, and legal professionals will need to work closely together to apply them. The effect of the modifications must be modeled by all bank sectors to be included in their estimates for Financial Year 2023 and beyond (as well as communicated to important stakeholders). Any auxiliary effects of the rules, such as those on corporate clients' credit profiles or ratings in venture or wholesale banking and the cost of long-term pacts and financial tools, will also need to be taken into account. The new regulations are expected to increase cash costs for the banking industry, it is important to remember that UAE Corporate Tax rates are among the lowest in the globe and are apt to be addressed with a decrease in license and other operational costs, allowing UAE bank sectors to eventually enhance cash ebbs. It is essential for businesses to seek expert corporate tax advice in order to establish a thorough understanding of Corporate tax in UAE

Choose the Best Corporate Tax Consultation

Consult our Tax and Banking experts to get an in-depth understanding of the application and implications of the new Corporate Tax Regime on your Banking Business. Our seasoned professionals can provide you with a comprehensive guide on the new tax system, even before its commencement. So, get in touch with us today and we shall be happy to assist you! 

Read More : How Will Individuals Be Subject to Corporate Tax in the UAE?

Ervee is a CPA with international experience in Tax and Accounting. He has over 12 years of experience in accounting and bookkeeping and over a year in VAT implementation, registration, and accounting in UAE. He regularly drives out inefficiencies in company operations and loves the challenge of helping clients find additional ways for an easier and improved compliance and verification of transactions.