UAE Announces Tax Rule Clarification: 80% Corporate Tax for REIT Investors? 

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The UAE Federal Tax Authority (FTA) released a primary clarification on corporate tax regulations for real estate investors, most importantly those who deal with Real Estate Investment Trusts (REITs). This step is intended to bring transparency and guidance to resident and non-resident investors as they cope with the changing tax environment in the UAE’s real estate market.

What is the Corporate Tax Framework?

Historically, the UAE has been famous for its tax-free environment, with no individual income tax and little corporation taxation governed by Federal Decree-Law No.60 of 2023. However, to comply with global norms and diversify revenue, the UAE implemented a federal corporate tax system on June 1, 2023. Under it:

  • A 0% tax on taxable income up to AED 375,000.
  • A tax of 9% is levied on taxable income over AED 375,000.
It is imposed on businesses and other investment activities, such as those in the real estate industry.

Key Clarifications for REIT Investors

FTA’s recent clarification addresses the tax treatment of REIT investors entitled to corporate tax exemption. The key points are as follows:

Taxation of REIT Income

As per FTA’s clarification released today, resident and non-resident legal persons that invest in a corporate tax-exempt REIT will be taxed with corporate tax pro rata over 80% of immovable property income derived by the REIT for tax periods that start on or after the 1st day of January 2025.

Suppose the REIT distributes its immovable property income within nine months after the close of its financial year, and the investor has disposed of all their ownership interest before the distribution. In that case, they are exempt from corporate tax on that income.

Investors Must Comply with New Reporting and Disclosure Rules

The FTA has provided several major compliance requirements for both investors and REITs. These are:

  • Profit Distributions: Clarifies the effect of REIT dividends on taxable income.
  • Investment-related Expenses: Permits investors to claim certain expenses related to their investments.
  • Asset Disposal: Clarifies tax treatment when investors dispose of or transfer REIT units.
  • Fee Adjustments: Clarifies how changes in investment manager fees affect tax calculations.
  • Disclosure Obligations: Mandates REITs to make the necessary financial information available to investors to determine taxable income.
  • Non-resident Representation: Allows non-resident investors to nominate tax agents to help with their Corporate Tax requirements.

The FTA has provided several major compliance requirements for both investors and REITs. These are:

Tax Treatment Based on Investment Structures

Individual Investors

Persons with assets in the UAE for individual investment but not carrying on a business will usually not pay corporate tax. If the activity of the individual is subject to a commercial license and yields over AED 1 million a year, though, they are liable for corporate tax.

Corporate Entities

Businesses that own real property are taxed in a corporate style, depending on the nature and location of the property:

  • Mainland Properties: Commercial property income is liable to a 9% corporate tax.
  • Free Zone Properties: Provided the owner and transacting parties are located in a Free Zone and fulfill certain conditions, income can be liable to a 0% corporate tax rate. Otherwise, a 9% rate is applicable.

Impact on Dubai’s Real Estate Market

Dubai’s property market is a big hit with investors from all over the world. Why? It’s in a great spot, has excellent roads and buildings, and makes it easy for people to invest. The government also just made the tax rules clearer. This helps everyone understand what to do and builds trust.

Extra Perks for Buying Property in Dubai

Dubai also gives some nice extras to people who buy property here:

  • Golden Visa: If you purchase property worth AED 2 million or more, you can get a visa to live in Dubai for a long time.
  • No Yearly Property Tax: Dubai doesn’t make you pay taxes on your property every year. This is a big reason why people like to invest in property here.

Navigate Dubai’s Real Estate with GRD Off Plan

Comprehension of the changing tax scenario is essential for real estate investors in the UAE. The recent guidance by the FTA offers welcome clarity, ensuring that investors make informed choices and stay in compliance.

For individuals considering investing in Dubai’s thriving real estate sector, having skilled experts by your side can prove invaluable. GRD Off Plan agents are dedicated to finding the ideal real estate opportunities, providing informed guidance, and walking clients through each transaction phase. Whether an old hand or newcomer to the real estate scene, GRD Off Plan is equipped to lead the way through the intricacies and find the ideal property for your investment purposes.

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