Guide

Free zone corporate tax in the UAE: the 0% qualifying income rule

Updated

The most common misreading of UAE corporate tax is that a free zone licence means no tax. Free zone companies are taxable persons; the 0% applies to a defined slice of their income.

Free zone companies are in scope

The Ministry of Finance is direct about this: juridical persons established in a UAE free zone are within the scope of corporate tax as taxable persons and must comply with the requirements of the Corporate Tax Law. A free zone person that meets the conditions to be a Qualifying Free Zone Person can then benefit from a 0% rate on its Qualifying Income (Ministry of Finance).

What Article 3(2) actually says

Corporate tax is imposed on a Qualifying Free Zone Person at 0% on Qualifying Income, and at 9% on taxable income that is not Qualifying Income under Article 18 and the Cabinet decisions made under it. Read the two clauses of Article 3 side by side and one point stands out: the AED 375,000 threshold appears in clause 1 and is not repeated in clause 2.

How the two clauses of Article 3 differ
Position0% applies to9% applies to
Standard taxable personTaxable income up to AED 375,000Taxable income above AED 375,000
Qualifying Free Zone PersonQualifying Income, with no capTaxable income that is not Qualifying Income

Registration still applies

All taxable persons including free zone persons must register for corporate tax and obtain a corporate tax registration number, and file a return for each tax period within nine months of the end of that period.

What Qualifying Income is

Qualifying Income is defined by Article 18 of the Corporate Tax Law and by Cabinet decisions made under it, which set out qualifying activities, excluded activities and a de minimis allowance for non-qualifying revenue. Because those decisions have been reissued and amended, we do not restate the current lists here: check the Federal Tax Authority's corporate tax guides and public clarifications for the version applying to your tax period, and get the classification advised rather than assumed.

A Qualifying Free Zone Person cannot elect Small Business Relief. If your free zone company's revenue is under AED 3 million, the two routes are alternatives, not a stack.

Questions, answered directly

Do free zone companies pay corporate tax in the UAE?

They are taxable persons and must register and file. A Qualifying Free Zone Person pays 0% on its Qualifying Income and 9% on taxable income that is not Qualifying Income. A free zone company that does not meet the qualifying conditions is taxed like any other business.

Does the AED 375,000 threshold apply to free zone companies?

Not to the free zone rate. The threshold is set for Article 3(1) of the Corporate Tax Law, which is the standard rate. Article 3(2), which sets the free zone rates, charges 9% on taxable income that is not Qualifying Income without a threshold.

Know the number before the nine months run out.

The 0% band, the 9% rate and the reliefs, applied to your own figures.

Calculate corporate tax