Substance needed for the 0% free zone rate
Is a flexi desk enough to keep the 0% Corporate Tax rate?
The situation
A Qualifying Free Zone Person must keep adequate substance in the zone. That means core income-generating activities done in the zone with enough staff, assets and spending.
The law
- Art 18(1)(a), Federal Decree-Law 47 of 2022: Adequate substance in the State is a condition
What it means for you
A desk alone is weak evidence. The FTA will look at who does the work, where decisions are made and what it costs. Outsourcing is allowed only to service providers inside the zone with adequate supervision. Example: a trading company with a flexi desk, no staff and all trading run from abroad is at high risk of failing the test. Keep payroll, contracts and minutes that show real work in the zone.
What to do
- Write down your core income activities.
- Show the people and assets that perform them in the zone.
- Keep board minutes and payroll records.
- Review substance before each year end.
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