Family Foundations and UAE Corporate Income Tax
The introduction of the UAE Corporate Income Tax (CIT) regime marks a transformative moment for entities in the UAE, especially family foundations. As vehicles for asset protection, succession planning, and wealth management, family foundations occupy a unique position under the new tax laws. Navigating this evolving landscape requires a strategic approach to ensure compliance, optimize tax benefits, and secure long-term objectives.
What Are Family Foundations?
What Are Family Foundations?
Family foundations are legal entities established to manage assets and facilitate intergenerational wealth transfer. In the UAE, these structures are governed by laws such as the UAE Trust Law and the UAE Endowments Law. These laws grant family foundations legal personality and robust protections, making them ideal for:
- Succession Planning: Ensuring a seamless transfer of wealth across generations.
- Asset Protection: Shielding assets from unforeseen liabilities.
- Wealth Management: Administering funds and investments for the benefit of specified beneficiaries.
Tax Transparency and Family Foundations Under UAE CIT
- The UAE CIT Law (Federal Decree-Law No. 47 of 2022) introduces tax transparency provisions that are highly relevant for family foundations. Article 17 allows these entities to be treated as fiscally transparent, meaning they are not directly subject to CIT. Instead, the tax implications are passed on to the beneficiaries.
Key Requirements for Tax Transparency
To qualify for tax transparency:
- Registration: File an application with the UAE Federal Tax Authority (FTA).
- Non-Commercial Activities: Ensure the foundation’s objectives, as stated in its constitutional documents, exclude business activities.
- Legitimate Purpose: The foundation must not be established primarily to avoid UAE CIT.
This approach ensures tax neutrality, aligning the treatment of income earned through family foundations with income earned directly by individuals
Tax Implications for Beneficiaries
Tax Implications for Beneficiaries
Under the transparency regime:
- UAE Tax Residents: Income such as real estate and personal investment earnings, excluded from CIT under Cabinet Decision No. 49 of 2023, remains untaxed.
- Non-Residents: Tax treatment depends on the regulations in their country of residence.
These provisions offer significant flexibility and efficiency in wealth management while ensuring compliance with tax laws.
Commercial Activities and Disqualification Risks
Family foundations engaging in business activities lose their fiscally transparent status and are taxed as standard legal entities. To maintain compliance:
- Clearly define the foundation’s objectives to exclude business purposes.
- Avoid activities that could be construed as commercial under UAE CIT Law.
VAT and Economic Substance Requirements
While family foundations benefit from CIT exemptions, they may have obligations under other tax frameworks:
- Value Added Tax (VAT): Foundations earning taxable turnover above AED 375,000, such as rental income from commercial properties, must register for VAT with the FTA.
- Economic Substance Regulations (ESR): Foundations classified as holding companies must meet substance requirements if they earn passive income or hold shares.
Although ESR requirements are typically minimal for holding entities, ongoing compliance remains critical
Navigating International Tax Complexities
Family foundations managing global assets face unique challenges:
- Foreign Real Estate: Income from foreign real estate is typically taxed in the country where the property is located. Since UAE family foundations are tax-transparent, foreign tax credits may not apply, potentially resulting in unrelieved costs.
- Withholding Taxes: These may also represent a deadweight cost, as beneficiaries or foundations might not qualify for tax relief.
- Tax Treaties: Accessing treaty benefits for tax-transparent entities requires careful structuring and compliance with international tax laws.
Strategic planning is essential to navigate these complexities and maximize tax efficiency across jurisdictions
Maximizing Benefits with Strategic Tax Planning
Maximizing Benefits with Strategic Tax Planning
To fully leverage the UAE’s favorable tax regime, family foundations should:
- Conduct a thorough review of operational and financial structures to ensure alignment with UAE CIT laws.
- File necessary applications and maintain compliance with the FTA’s guidelines.
- Seek professional tax advisory services to address domestic and international obligations effectively.
By doing so, family foundations can safeguard their assets, optimize tax positions, and achieve their long-term objectives without compromising compliance.
Conclusion
The UAE CIT regime offers family foundations a unique opportunity to maintain tax efficiency while fulfilling their objectives of wealth preservation and succession planning. However, this requires a proactive approach to compliance and strategic planning. By understanding the legal and tax frameworks, family foundations can thrive in an increasingly complex tax landscape, securing their legacy for generations to come.
For personalized advice on how your family foundation can benefit from the UAE CIT framework, contact Maldbury & Co today. Our team of experts is ready to guide you through tax compliance, structuring, and planning to achieve your goals