Qualifying Free Zone Persons (QFZPs) under UAE Corporate Tax
The UAE Corporate Tax law provides special treatment for Qualifying Free Zone Persons (QFZPs), allowing them to benefit from a 0% corporate tax rate on certain types of income, provided specific conditions are met. This is designed to maintain the UAE’s attractiveness as a global business hub while aligning with international tax standards.
What is a Qualifying Free Zone Person?
A QFZP is a free zone entity that:
- Maintains adequate substance in the UAE (i.e., has sufficient assets, employees, and operations in the Free Zone),
- Derives Qualifying Income,
- Has not elected to be subject to the standard 9% CT rate,
- Complies with transfer pricing and economic substance regulations,
- Prepares audited financial statements,
- Meets any other conditions specified by the Ministry of Finance.
What is Qualifying Income?
The 0% tax rate applies to Qualifying Income, which includes:
- Income from transactions with businesses located outside the UAE,
- Income from transactions with other Free Zone entities,
- Certain types of passive income, such as interest, royalties, dividends, and capital gains from shareholdings.
Note: Income from mainland UAE clients generally does not qualify for the 0% rate unless it relates to specific regulated activities and conditions are met. Otherwise, such income is subject to the 9% corporate tax.
Hybrid Tax Treatment
A QFZP can have a dual tax structure:
- 0% CT on qualifying income.
- 9% CT on non-qualifying income (e.g., income from mainland UAE customers that doesn’t meet the conditions).
Strategic Considerations for Free Zone Businesses
- Careful structuring of business operations is essential to retain QFZP status.
- Businesses should ensure proper segmentation of income streams.
- Ongoing compliance with substance and reporting requirements is critical to avoid reclassification.
