UAE Flag
+971 58 539 7665
Singapore flag
+65 9616 5641
Indian flag
+91 80560 56674
Colour Logo of Fortius Consulting Services

Fortius Blog

All You Need to Know About ESR in the UAE: Your Ultimate FAQs Guide
February 10, 2023
Fortius Team
Businessman puts wooden blocks with the word FAQ to illustrate FAQs on ESR.
Common Questions About ESR Answered by ESR Consultation Services To fulfil its commitment to preventing illegal tax practices, the UAE initiated the economic substance regulations in April 2019. People in the UAE have been asking many questions about the economic substance regulations since they were first introduced. Our team at Fortius- one of the top-notch ESR consultation services has compiled some common inquiries regarding the ESR along with accurate answers to the same. Take a peek! ESR in the United Arab Emirates: Frequently Asked Questions 1. Why did the UAE decide to implement the Economic Substance Regulations (ESR)? The United Arab Emirates (UAE) primary motivation for enacting ESR regulations was to lessen the prevalence of illegal tax practices like tax evasion. Under these rules, businesses conducting certain Relevant Activities must establish a sufficient economic presence in the UAE to operate legally as onshore or free zone entities. Companies reporting profits in the United Arab Emirates (UAE) are expected to demonstrate economic activities in the country commensurate with those reported profits. 2. Can the Trade licence be used to infer whether or not the Economic Substance Regulations (ESR) apply? No. Regardless of what the commercial Licence lists as the company's primary focus, it would be subject to the Regulations if it was engaged in a Relevant Activity. Even though the commercial licence may explicitly state the Relevant Activity, a "substance over form approach" must be used to determine if the Licensee is engaging in a Relevant Activity and thus subject to the Regulations. 3. What must organisations which fall under the ES Regulations do? Organisations should adhere to the below mentioned steps: A Notification must be filed and submitted annually, by six months after the end of the applicable fiscal period. The deadline for filing the Report on Economic Substance is 12 months after the end of the fiscal year. To pass the Economic Substance Test, a licensee must show that it is being managed and run from the United Arab Emirates, that it's Core Income Generating Activities (CIGAs) take place in the UAE, and that it maintains adequate resources (including personnel, capital, and physical space) in the country. 4. According to the ESR Regulations, who are considered licensees and who are not? Any business entity, including a partnership, limited liability company, a public or private company with shares, or a joint venture, can be a licensee. A licensee cannot be an individual, a sole proprietorship, a foundation, or a trust. All of the following qualify as exempt licensees: Holding company that invests its licence fees A licensee who files their taxes in a different country An overseas licensee that pays taxes on its relevant income in a country other than the United Arab Emirates. In contrast to licensees that are part of Multinational Enterprise (MNE) Groups, those owned by UAE nationals are restricted from doing business within the UAE itself. 5. What happens during a fiscal period (5) if a Licensee does not engage in a Relevant Activity? A Licensee is exempt from the Economic Substance Test if it does not engage in a Relevant Activity during the reporting period. In that case, the Licensee would not have to file a Notification or an Economic Substance Report for the given accounting period. 6. What information must be reported annually to the regulatory body? The annual notification submitted to the regulatory authority by all Licensees and exempted Licensees must contain the following details: Date(s) of its fiscal year(s) beginning and ending Relevant activity that was carried out during the applicable fiscal year Whether the entity has carried our relevant activity during the concerned accounting period Any other pertinent information as desired by the the regulatory authorities In addition, exempt licensees must submit any documentation supporting their claims of exemption. 7. What requirements must the Licensee fulfil to pass the ESR Regulations' Economic Substance Test? The following requirements for the Economic Substance Test must be met by any licensee who is not exempt: CIGAs must be performed in the territorial borders of the UAE.. The Relevant Activity must be directed and managed from the UAE to be legally valid. To qualify as a licensee, the licensee's extent of relevant activity must have: Sufficient number of full-time, highly qualified employees currently based in the UAE and engaged in said activity. Adequate assets and properties within the UAE Sufficient expenses incurred by the entity within the UAE 8. Is filing an Economic Substance Report always necessary, or are there circumstances where a company needs only to file a Notification? The answer is yes if the Licensee is an Exempted Licensee or does not derive any revenue from its Relevant Activity. There is no need to submit an Economic Substance Report if this describes the situation. When you submit a Notification through the Economic Substance Filing Portal, the system will determine whether or not you are required to submit an Economic Substance Report and will only generate a report if you are actually exempt. 9. Suppose an organisation's “Exempt Status” application is rejected after the initial filing deadline for the Economic Substance Report for the relevant financial period. Will they be subject to a late filing penalty? Companies that knowingly, deliberately, and intentionally file false exemption claims may be subject to sanctions. Suppose your request for a waiver of the Economic Substance Regulations is denied after you submit a Notification. In that case, you will have 30 business days from the date of the denial to file your Economic Substance Report. 10. Do government agencies have to comply with ESR laws? Neither the UAE government nor its agencies are covered by or subject to ESR. Also exempt from ESR are entities wholly or partially owned by the federal government. At least 51% of any business or organisation that receives government or national authority funding must be owned by the government or authority. 11. Do the rules apply to remote/ satellite offices? A UAE branch office is merely an extension of the parent company; it
Read More
ESR Simplified: The Ultimate Guide for UAE Businesses
February 5, 2023
Fortius Team
Double exposure image with skyscrapers of Dubai and FOREX graph and chart concept.
The ESR (Economic Substance Regulations) mandates UAE onshore and free zone firms, as well as specific other company types, to maintain and establish an acceptable "economic presence" in the UAE in relation to the activities they do ("Economic Substance Test"). The rule applies to fiscal years beginning on or after January 1, 2019. Entities subject to the regulations must disclose a yearly declaration form to the regulatory authority and complete and submit an Economic Substance Report to the same authority within 12 months of the end of their fiscal year. At Fortius Consulting Services, we provide the best ESR consultation services that are cost-effective and fulfill all the requirements effectively. An Overview of How ESR Consultation Services Takes Effect in the UAE In 2019, the (EU) European Union Code of Conduct Group, responsible for company taxation and evaluating tax measures for all member states, assessed the tax policies of territories with no or minimal taxation. In response, the European Union Code published a list of non-cooperative jurisdictions, which includes the United Arab Emirates. In May 2018, the UAE joined the BEPS (Base Erosion & Profit Shifting) Inclusive Framework of the OECD (Organisation for Economic Co-operation and Development), through which the UAE committed to fulfilling the minimal criteria of the BEPS Inclusive Framework. In response, the UAE released its ESR (Economic Substance Regulations) on 30 April 2019 via Cabinet Decision No. 31/2019. Activities Listed Under the ESR The Economic Substance Regulations apply broadly to any organization (Free Zones or Mainland) inside the United Arab Emirates that engages in "Relevant Activities." These Relevant Activities consist of the following: Banking Business Investment Fund Management Business Insurance Business Leasing and Finance Business Shipping Business Head Office Business Intellectual Property (IP) Business Holding Company Business Distribution and Service Centre Business An entity conducting the activities mentioned above must adhere to the requirements for Economic Substance. However, ES does not apply to companies indirectly or directly managed by the UAE federal or municipal. Essential Components of the Regulation of Economic Substances The following are some of the most critical considerations for ESR (Economic Substance Regulation): Who Are the Relevant Entities? To satisfy the ES criteria for related operations, the entity must meet the following conditions in the UAE. They are: Have a suitable number of experienced full-time resources Conduct (CIGA) Core Income-Generating Activities Incur an adequate level of operational expenses Be managed and supervised with regard to its CIGA Have sufficient physical assets A company may outsource the CIGA inside the UAE so long as it retains complete control and appropriately supervises the outsourced operations and the outsourced activities are conducted within the UAE. What Are the Relevant Entity's Reporting Requirements? Entities subject to the new rules will be obliged to produce and submit the report to the License granting Authority within twelve months of the end of their fiscal year. The Regulatory Authorities will subsequently send the report to the appropriate authority, the Ministry of Finance of the United Arab Emirates. What Does the Yearly ESR (Economic Substance Regulation) Report Contain? The report must contain the following details regarding the related activities: The volume and nature of income The type of work done The amount and kind of operational expenses and assets The number of qualified full-time employees The location of the business Details about CIGA Gross revenue from a related activity is taxable outside the UAE A statement indicating whether the licensee meets the ES requirement The entity's fiscal year-end occurs outside the UAE What Are the Functions of ESR Regulatory Authorities? The functions of ESR regulatory authorities are to: Identify potential licensees Decide whether a relevant business fits the standards for exemption Validate the information given by licensees Communicate collected data with both the UAE Ministry of Finance and the Tax Authority What Are the Licensee Definitions as Per Regulations? A Licensee is a legal entity or unincorporated association registered in the United Arab Emirates that engages in a related activity. These consist of the following: Private Shareholding Company (LLC) Limited Liability Company Partnership Joint Venture Company (JV) As per the regulations, a single proprietorship, foundation, or trust has not been deemed a Licensee. What Happens if Relevant Entities Do Not Comply With the Regulations? Non-compliance may result in civil penalties if the EST (economic substance test) is not met. Non-Compliance penalties are: Failure to submit ESR report: AED 50,000 Failure to submit ESR notification: AED 20,000 Failure to meet the ESR test: a. 1st year: AED 50,000 b. 2nd consecutive year: AED 400,000 Failure to provide complete or correct information: AED 50,000 Failure to comply: Financial penalties (AED 20,000 to AED 400,000), Suspension, withdrawal, non-renewal of trade license Other sanctions for violations include administrative consequences, including termination or non-renewal of the entity's issued trade license or permit. In layman's terms, you must prove to the regulators that you engage in legitimate economic activity on the market and that your activity meets the (EST) Economic Substance Test and the regulatory standards. When Does the ESR Need to be Submitted? Companies and institutions engaged in any of those mentioned above "related activities" in the UAE must submit annual declarations and statements to the regulatory authority. Failure to comply with the regulations will result in disciplinary action. The ESR notification must be submitted within six months of the close of the fiscal year. The ESR report must be submitted within 12 months of the conclusion of the fiscal year. All organizations operating in the UAE must evaluate their actions in light of the new ESR and guarantee timely adherence to the reporting requirements. An entity is not obligated to file an ESR Economic Substance Report for a fiscal period if it has not received money from a related activity or if it fits the exemption criteria. It must, however, submit the Declaration form. Also Read: Auditing in the UAE- All The Crucial Factors A Gist on the List of Licensees Who Are Not Subject to ESR The below licensees are not required to submit
Read More
Auditing in the UAE- All The Crucial Factors
January 25, 2023
Fortius Team
A magnifying glass with a focus on the word audit written in golden letters and other accounting words over black background.
Doubtlessly, financial credibility is always linked with a company's success. So, when there are disparities or discrepancies in your fiscal records, your business could incur a significant loss. In such situations, business advisory services in the UAE such as Fortius can assist your company in coming to terms with the situation and realising the lost benefits. With our experienced and capable auditors, you can expect various long term benefits. In addition, audited financial statements are essential for a variety of economic activities. This also includes dealing with banking and financial institutions especially when a business needs a loan. Occasionally, the relevant authorities in the UAE may request to examine your audited books of account and other financial statements. So, you must consider conducting an audit of your financing accounting documents for the advantage of your business. However, undergoing an audit is not simple, particularly if you are unfamiliar with the complexities required to carry out the full procedure successfully. This guide will give you a comprehensive understanding of how audits function, the documents required, and the types of audits you are mandated to perform in the UAE. Is Auditing Mandatory for all UAE businesses? By law, all UAE-based businesses must have their accounting information audited by a licensed auditing firm. The audit must be conducted in accordance with International Financial Reporting Standards (IFRS), and the results must be submitted within six months of the end of the fiscal year to the UAE Ministry of Economy. The UAE requires businesses to maintain financial records for a minimum of five years. This condition is specified in the implementing regulations of several free zones. However, JAFZA, one of the UAE's free zones, has mandated that Free Zones companies (FZCO) and Free Zone establishments (FZE) keep financial records for a minimum of six years. What Kinds of Audits Can be Undertaken in the UAE? If you continue to operate a company in the UAE, you must have your financial records audited annually to ensure you have everything in order. Auditors examine the books, IT, and compliance requirements of a company to ensure they are on the right track. The following provides a brief overview of the kinds of audits which can be undertaken in the UAE. Internal Auditing: Firms conduct this type of audit to determine where internal controls, operating efficiency, or compliance can be improved. A company's risk management practices and adherence to regional and global best practices can be determined through an internal audit. External Auditing: During an external audit, auditors examine the books and records of transactions and balances, and they may verify certain elements of the financial disclosures with third parties, such as banks, customers, and suppliers. At the conclusion, the auditors will provide a report. Forensic auditing: Firms specialising in forensic auditing in the UAE monitor as well as investigate incidences of financial transgressions, fraud, and corporate disputes. Sales audit: Retail businesses operating in UAE shopping malls are mandated to disclose a Statement of Gross Turnover that has been audited by an authorised auditor. This provision is based on the Lease Agreement's clauses. Tax auditing: The Federal Tax Authority, in accordance with the Tax Procedures Law, conducts reviews of a company's financial records and other relevant information and data to ensure compliance with UAE tax legislation (Federal Decree-Law no. 7). As part of its mission to implement the UAE VAT Law and the Tax Procedures Law, the FTA conducts tax audits of taxable firms. Audits provide businesses with the assurance that their financial statements accurately represent their financial position. In addition, it can assist companies in determining areas where their financial control and reporting processes can be enhanced. A Comprehensive Guide to Documents Necessary for a Fruitful Audit Before undergoing an audit, businesses must organise their documents in accordance with accepted standards. You are obligated to respond to the auditors' questions throughout the annual audit. The following documents should be prepared for annual audits in the UAE: 1. Payroll Reports: The payroll report aids the auditor in analysing the wage expense. An auditor can determine whether or not all active workers are earning the appropriate pay rates per their labour contracts. 2. List of bank accounts: You should be prepared with a list of all bank accounts, including the bank name, account number, and authorised signers. The concerned auditors will also mandate bank balance verification from the bank. 3. Duplicates of statutory documents: All documents pertaining to the company's incorporation must be readily accessible during the auditing process in the UAE. Included in this list are your business licence, Taxpayer Identification Number (TIN), share certificates, and certificate of incorporation. 4. Board Meeting Minutes: The auditor will review the minutes of meetings of the board during the audit. The minutes contain information regarding the financial statements that are required, and now the Economic Substance Regulations impose the same requirement on companies conducting relevant activities. 5. List and evidence of all transactions: At the time of the audit, you must provide a list and evidence of all transactions that occurred in your company during a specific time period. It should be supported by all invoices and receipts for purchases. 6. General Ledger: In accounting and bookkeeping, the general ledger is a crucial document that contains a record of all the transaction data of your business over a specific time period. 7. Trial Balance: Auditors are always eager to examine your trial balance because all of the numbers in your company's financial statements can be mapped to the trial balance. 8. Copies of loans, leases, and material Contracts: In accordance with generally accepted accounting principles, you must provide the auditor with information regarding loans, leases, and in some cases, material contracts. 9. Loan statements: Every business will incur debts, some of which will be bad debts. A certified public accountant confirms the loan statements to affirm all debts with creditors. 10. VAT returns: Every VAT registrant is required to submit a VAT Return to the Federal Tax Authority (FTA) at the
Read More
Fortius Consulting Services is a trusted name for business consulting and CFO services in the UAE, Singapore and India. Through our expert consulting and advisory services,we assist organisations across the UAE & Asia to boost their profitability, improve operational effectiveness, increase management capability, institutionalise strategies, and upgrade their internal structures.
TALK TO AN EXPERT

SERVICES

CFO Services
Tax Planning
Business Advisory
Management Consultancy
Financial Reporting & Compliance 
Cashflow Management
Mergers & Acqusition (M&A) Advisory

CONTACT

Email Us

info@fortius.consulting

Call Us

UAE  +971 58 539 7665   

SINGAPORE  +65 9616 5641 

INDIA  +91 80560 56674

envelopephone-handsetcrossmenuchevron-down