ESR NOTIFICATION IN UAE
WHAT IS ESR ?
As part of the UAE’s commitment being a member of the OECD Inclusive Framework, in response to an assessment of the UAE’s tax framework by the European Union (“EU”) Code of Conduct Group on Business Taxation, the UAE introduced a Regulation on the Economic Substance (Cabinet of Ministers Resolution No.31 of 2019, the “Regulations”) on 30 April 2019.
WHO IS SUBJECT TO THE ESR FILLING?
All UAE onshore, offshore and free zone companies that carry on and generate income from one of these activities:
* Banking
* Insurance
* Investment fund management
* Lease-finance
* Headquarters
* Shipping
• Holding company
* Intellectual property
* Distribution and service centres
As per UAE authorities, all constituent entities (licensees) must submit a notification by 30 June 2020, declaring whether such licensee is carrying on a relevant activity as defined under ES Law. This is an annual requirement.
SCOPE OF ESR
It applies to all companies established in the UAE (except those entities in which a minimum 51 per cent direct or indirect investment is from government authorities) and which have an income from a relevant sector in any accounting period commencing on or after January 1, 2019.
UAE companies - offshore, onshore or mainland - should notify the concerned regulator on or before the due date issued by their applicable regulator. All mainland companies have to notify the Ministry of Economy before June 30, 2020.
PENALTIES
Penalties for failing to notify the Regulatory Authority within the given deadline is between AED10,000 and AED50,000. Other penalties shall apply in case Licensees fail to provide accurate or complete information and demonstrate sufficient economic substance in the UAE.
HOW DANBURITE CAN ASSIST YOU WITH ESR ?
To analyze the company structure & identify the entities qualify for ESR as per the business activities. To perform an assessment on the current compliance level of the company as per the ESR. To review the transactions of company to identify the outsourced activities. To conduct ESR test on the company & prepare the information for ESR reporting. To share the knowledge on ESR requirement with the concerned person in the organization & prepare compliance checklist. Assistance in submission of the notification information & ESR report with the Regulatory Authority.In case you have any questions or require further clarification, reach out to our experienced team of professionals.
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