Unified UAE Legislation Database

FAQ: Are foreign businesses operating in the UAE through a branch subject to UAE Corporate Tax?

Status

In force

Issuing Authority

Effective date

XX.XX.XXXX

Official Link

https://

Answer:

Yes, a UAE branch of a foreign business is generally subject to UAE Corporate Tax if the branch's activities create a Permanent Establishment in the UAE. 

 

If the activities of the branch do not give rise to a Permanent Establishment, the branch will not be subject to UAE Corporate Tax.

 

Foreign tax relief:

If a foreign branch (i.e., a foreign PE of a UAE business) is not exempt under Article 24 of Federal Decree-Law No. 47 of 2022, the UAE Corporate Tax payable may be reduced by the amount of foreign corporate tax paid, through a foreign tax credit mechanism (Article 47 of Federal Decree-Law No. 47 of 2022).

 

Example:

A foreign company opens a branch in Abu Dhabi and actively conducts commercial activities. Since this constitutes a Permanent Establishment under UAE law, the branch’s income will be taxable in the UAE. However, if this income was also taxed abroad, the foreign business may claim a foreign tax credit to reduce its UAE Corporate Tax liability.