The tax residency certificate (TRC) is a valid document that confirms a person's tax residency status for a given country as issued by its relevant tax authority. The FTA sitting under the Ministry of Finance of the United Arab Emirates (UAE) is issuing TRCs to both individuals and businesses, the UAE residents, for taxation reasons. A legitimate TRC gives tax treaty benefits for UAE tax residents by utilizing the Double Tax Avoidance Agreements (DTAAs) which are signed between the UAE and other countries.
DTA Prevent Double Tax Income
DTAAs are designed to prevent the double taxation of income that was originally earned by individuals in a particular treaty partner state. They delineate countries that have to impose taxes on a certain income type taking into account indicators such as residency and permanent establishment criteria. To be entitled to the beneficial aspects of a DTAA, taxpayers should declare that they are tax residents through a certificate of tax residency for treaty purposes that is issued by their home country.
Tax treaty eligibility for UAE residents
This kind of Tax Residency Certificates UAE allows recipients to receive treaty benefits from the UAE through DTAAs it has signed. Individuals or companies that are requesting a TRC for double tax treaty reasons shall pass certain eligibility standards:
- Natural Persons: Must have resided in the UAE for tax purpose for a minimum period of 183 days during the specific financial year.
- Companies: A year as the minimum duration of operations, should start from the date of the application of the certificate.
- Government Entities: They ought to be required to submit essential government documents and officially apply to receive the subsidy.
Requirements for Obtaining a Certificate of Tax Residency for Treaty Purposes in the UAE
The prerequisites for getting certificate of tax residence to be used in treaty purposes in the UAE are as follows.:
For Natural Persons:
- Passport
- Valid residence permit (if applicable)
- Emirates ID
- Bank statements for the last 6 months
- Proof of income such as a salary certificate or business license
- Entry-exit report
- Residence proof like a rental contract or utility bills
- Marriage certificate (if applicable)
- For submitting tax forms, upload a scanned copy online or courier an original
For Legal Persons (Companies):
- Trade license
- Proof of company authorization
- Audited financial statements
- Office rental contract
- Bank statements
- Memorandum of Association (if applicable)
- For tax forms, upload a scanned copy online or courier an original
For Government Entities:
- Incorporation documents
- Passport
- An authorization letter from an official
- For tax forms, upload a scanned copy online or courier an original
Benefits of Holding a Valid Tax Residency Certificates UAE
Tax residency status certification for treaty benefits provides applicants with several important tax benefits:
- Ability to claim tax treaty relief like reduced withholding tax rates on income like dividends, interest and royalties received from treaty countries.
- Avoidance of double taxation which occurs when the same income is taxed in both the source and residence country.
- Clarity on residency status which determines the extent of an individual's global tax obligations and filing requirements.
- Acceptance as a tax resident of the UAE by other treaty countries for the purpose of applying their domestic tax laws.
- Eligibility to apply for tax residency certificates from other countries subsequently which may further expand treaty benefits.
- Double Taxation Avoidance: Having a Tax Residency Certificate enables individuals and companies to access the benefits outlined in the double taxation avoidance agreements signed between the UAE another, treat-connected country, thereby avoiding being taxed twice on the same income.
Applying for tax residency certificates in the UAE
Obtaining a tax residency certificate (TRC) in the UAE consist the following steps:
- Surf the Emirates Tax (EmaraTax) website to access FTA portal and click on "Other Services".
- Login the your existing account or register a new account on EmaraTax.
- Pick out the required TRN that you are going to TRC procedure for. In case if there is no TRN, type 'No TRN'.
- Hit on the type of certificate needed -TRC for treaty purposes or TRC for domestic purposes.
- Submit the application form online by providing the needed details.
- Scan in a list of supporting documents applicable to individual applicant type.
- Proceed to pay the required fee using the range of available payment options.
- FTA will be proceeding with reviewing application within 5 business days upon receiving completed documents.
- If the approval is given, procure the certificate of completion through processing the fees.
- Download your digital TRC online or opt for a printed copy that will be couriered.
- For the income tax purpose if attestation of forms is required then upload attached scanned copies online or courier original copies of forms to FTA.
The key steps help for the electronic application of tax residency certificates in the UAE through FTA’s web portal. To avoid delays with processing, candidates must present all necessary documents and materials on time.
Conclusion
Getting a Tax Residency Certificate UAE from FTA not only widens your tax treaty network, but it also guarantees tax transparency when dealing with foreign income. corporate tax consultant can offer you full customer service towards applying for, renewing, and updating tax residency status certification for treaty benefits as per the FTA's rules. Tax Residency Certificates UAE is a major document for UAE residents and companies to avoid the situation of double taxing and gaining the maximum tax benefits all over the world.
Mostafa is a seasoned Tax Consultant with over 5 years years of experience gained in diverse taxations matters. He has vast expertise in settling tax disputes with the Federal Tax Authority and handling of tax procedures in compliance with tax laws. He is adept in investigating underlying tax intricacies and offering expert tax advisory. He is also well-versed in conducting tax analysis’s and negotiations with the Tax Regulators, upon tax preparation and filing. Mostafa specializes in the areas of Tax law, Auditing, Accounting and Banking law.