The UAE Federal Tax Authority (FTA) has recently released a comprehensive Corporate Tax Guide on Tax Residency and the Tax Residency Certificate (hereinafter referred to as ‘Guide’).
The Guide offers valuable insight into the criteria for determining when an individual or legal entity qualifies as a Resident Person under the UAE Corporate Tax (CT) law or as a Tax Resident for the purposes of UAE domestic tax law and the Double Taxation Avoidance Agreements (DTA). Additionally, the Guide also provides a detailed overview of the procedure for obtaining a Tax Residency Certificate (TRC).
In light of the Guide, being a Resident Person for the purposes of Corporate Tax is distinct from being a Tax Resident of the UAE under domestic laws or under the applicable DTA. Below are the key observations into these distinctions and their implications.
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