Tag: UAE

LLC Company Formation Dubai

LLC Company Formation in Dubai

Along with low taxes and a thriving business environment, Dubai’s straightforward company formation process is a major reason why so many international entrepreneurs flock to do business here.

The business license application process is both fast and affordable and there are many great benefits to doing business in this part of the world. As well as a favourable tax environment – on both personal and corporate incomes – the UAE also boasts a strategic global location and a thriving community of business savvy entrepreneurs.

If this sounds appealing, there are a few things you need to know before you start your business here. For one, you need to be aware of the different company types that can be formed in Dubai. The most common, and the one that we’ll cover here in detail, is the LLC.

 

In short, an LLC is a company that benefits from an entirely separate legal identity to its owners. It is an independent entity established in the UAE mainland that can be owned by one or more shareholders. There are many benefits to forming a mainland LLC including direct access to the UAE marketplace and low start-up and running costs.

 

If this sounds appealing, below is everything you need to know about   LLC company formation in Dubai.

 

LLC company formation: a wealth of opportunity

 

One of the biggest benefits of forming an LLC in Dubai is that you can establish your business anywhere across the mainland. While you are required to lease official business premises when forming an LLC, it is entirely up to you where you do this. Perhaps your business needs a prestigious address? Or maybe a warehouse near the airport would be more suitable? The choice is yours.

 

With an LLC mainland set up, you’re also completely free to trade directly with the local UAE market. Mainland LLCs are also able to carry out government work, which is a rather lucrative business here in the UAE.

 

LLC company formation cost

 

Contrary to popular belief setting up an LLC in Dubai is not usually any more expensive than establishing a business in a free zone.

 

There are several costs involved – fees for the license itself along with setup fees. There is also a fee payable to secure a local sponsor. In all, you should expect the cost of forming an LLC in Dubai to be in the region of AED 50,000. There is then a fee payable every year to renew your business license.

 

A simple, straightforward setup

 

Setting up an LLC in Dubai is not just affordable, the process is incredibly straightforward too.

 

To get started, you simply need to register with Dubai’s Department of Economic Development (DED). This is an incredibly simple process that usually only takes around an hour and a half. As with all applications in the UAE, it’s advisable to work with a company formation expert during this process to ensure everything is completed and filed correctly.

 

You have the choice of forming your LLC alone or with a business partner or partners. An LLC can be established with up to 50 shareholders which can be companies or individuals.

 

Flexible company formation

 

Another major benefit of forming an LLC is greater flexibility.

 

When forming an LLC in Dubai you are free to choose from any of the 2,000-plus business activities as set out by the DED. These include everything from potato trading to business consultancy. It is even possible to combine multiple activities under a single business license.

 

LLCs are also incredibly flexible when it comes to expanding. As you are free to set up anywhere in the mainland, you are also free to move and expand as your business does. You have the option of applying for more and more visas as your business grows too.

 

There is no maximum cap on visas, but generally speaking, it is possible to apply for one employee visa per 100 sq.ft. of space. There is some leniency to this rule if you are operating a business with many remote workers.

 

The process for sponsoring dependants for their visas is just as straightforward. As the owner of a UAE LLC, you’ll also qualify for an investor visa. This allows you to sponsor the visa applications of your spouse, any dependant children or family members and any domestic staff. Again, as with applying for your business license, it is a good idea to work with a company formation expert at this stage to ensure your application runs smoothly.

 

LLC company formation in Dubai

 

Once you’re familiar with the formalities and the benefits of establishing an LLC, the next step is to understand what’s involved in setting one up. There are several key steps to this process.

 

Step one: Choosing an activity

The first thing to do when setting up a business in Dubai is to decide on the business activity or activities you wish to undertake. While there are thousands to choose from, it is vital that you pick the ones that best suit your business. Carrying out activities not listed on your license can lead to regulatory difficulties and even fines. A company formation expert with a knowledge of UAE license types and activities can work with you at this stage to advise on the best ones to suit your needs.

 

Step two: Choosing a name

A difficult task anywhere in the world but here in the UAE, it comes with a few extra complications. Some of the UAE’s business naming conventions are simple common sense (no offensive or blasphemous language) while others may take a little working around. For example, if you wish to name your business after yourself, you can only do so if you include both your first and last name. You must also avoid reference to known organisations (such as ‘CIA’ or ‘church’). Finally, and most importantly, you must check that your chosen name is available to be registered.

 

Step three: Finding a sponsor

Previously when setting up in the mainland, foreign entrepreneurs would have to work with a local sponsor who would hold a 51 percent stake in the company. However, this is no longer the case. Foreign ownership of mainland companies is now permitted in most sectors. There are, however, some exceptions. These include banking and finance, water and electricity provision, telecoms, pilgrimage services, printing and publishing, and medical retail.

 

Step four: Applying for your license

With most of the vital admin out of the way, you are free to apply for your business license. To make your application you will need to provide the DED with a number of documents including your passport and visa copies and shareholder information. The whole process takes around three weeks. With your license in hand, you can apply for visas for you, your employees and your dependants.

 

That’s all there is to it. A simple yet hugely important four-step process. Working with a company formation expert here can help you to avoid any delays in your application and ensure your UAE LLC is up and running in no time.

Nam Associates Group is a cross-border advisory firm focusing on providing financial consultancy and advisory services . We  can assist you in registering and securing ongoing compliance by advising you on the changes as per the DIFC regime and helping you with the incorporation of a company as per new law. For further information, you can visit http://www.namaccountants.com/

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email at Info@namaccountants.com

 

 

These UAE residents can get long-term visa

These UAE residents can get long-term visa

The decision aims to maintain the position of the UAE as a country having optimal business environment.

 The UAE Cabinet on Saturday approved the recently announced long-term visa system, which includes 10-year residency visa for investors and specialists and five-year visa for exceptional students.

The decision of the Cabinet will facilitate visas for investors, entrepreneurs, specialized talents, researchers – including their spouses and children – and create an encouraging environment for the growth of business for investors, entrepreneurs and professional talents.

The decision includes the terms and conditions for obtaining long-term visas for all the above-mentioned categories as well as outstanding students to attract talents in all vital sectors of the national economy. The visa benefits for the family ensures a cohesive social structure that will create a stimulating environment for stability and growth. Here are the categories and specifications”

These UAE residents can get long-term visa

1. INVESTORS (10-year visa)

Two categories of investors benefit from this, and the decision includes provisions to grant them the visas.

Investors in a property of a value of Dh 5 million or more will be granted a residence for five years, while investors in public investments through a deposit, an established company, business partnership of Dh10 million or more, or a total investment of not less than Dh10 million in all areas mentioned as long as non-real estate investments [ not less than 60 per cent of the total investment[ will be granted a renewable residency visa every 10 years.

The Cabinet decision outlines the following conditions for both categories:

>The amount invested shall be wholly owned by the investor and not loaned, and should be proven by supporting documents

>Investment retention for at least three years

>A standard financial liability with a financial solvency not exceeding Dh10 million

> The long-term visa could also be extended to include business partners, provided that each partner contributes Dh10 million, the spouse and the children, as well as one executive director and one advisor.

However, the decision allows investors to enter the country for a six-month period, multiple entry, to apply for the long-term visa requirements.

2. OUTSTANDING STUDENTS

The decision also includes provisions for granting a 5-year visa to outstanding students with a grade of at least 95 per cent in public secondary schools in public and private schools, and a distinction of at least 3.75 GPA upon graduation from universities within and outside the country. Benefits include families of the outstanding students.

3. ENTREPRENEURS

Entrepreneurs will be granted a 5-year visa with a possibility for upgrading to an investor’s visa provided they meet the requirements. The decision also includes the terms to grant long-term visa to two categories of entrepreneurs; having a previous project with a minimum of Dh500,000, or having the approval of an accredited business incubator in the country.

The benefits of the entrepreneurial visa include entrepreneurs, partners, three executive directors, spouse and children. The entrepreneur is allowed entry into the country for six months, multi-entry visa period, with renewal for another six months.

4 SPECIALISED TALENTS (10-year visa)

The decision also includes provisions for granting a 10-year visa for specialised talents and researchers in the fields of science and knowledge for doctors, specialists, scientists, inventors. As well as creative individuals in the field of culture and art. The visa’s advantages include the spouse and the children.

All categories are required to have a valid employment contract in a specialised in fields of priority for the UAE, and the conditions for each category are defined as follows:

>Scientists:

– To be accredited by the Emirates Scientists Council

– Holders of the Mohammed Bin Rashid Medal for Scientific Excellence.

>Creative individuals in culture and art

– Accredited by the Ministry of Culture and Knowledge Development

>Inventors

– Obtain a patent of value added to UAE’s economy with the approval of the Ministry of Economy

>Exceptional Talents:

– Those who have exceptional talents that are documented by patents or scientific research published in world-class journals

>Executives:

– Owners of leading, well-known and internationally recognised companies

– Holders of high academic achievement, professional experience, and position (Example, an engineer in a rare specialty with a university degree and working in a private company in the UAE). The inclusion of this category aims at maintaining current competencies and attract new competencies

Criterion for doctors and specialists

Requires at least 2 of the conditions mentioned below:

1. Holder of a PhD degree from one of the top 500 universities in the world

2. Holder of an award or certificates of appreciation for the work in the applicant’s jurisdiction

3. Contribution to a major scientific research related to the work of the applicant

4. Published articles or scientific books in distinguished publications in the field of work of the applicant

5. Membership in an organisation related to the work of the applicant, which requires excellent work to accept membership

6. A PhD degree in addition to 10-year professional experience in the applicant’s field of work.

7. Specialisation in areas of priority to the UAE (additional requirement for the doctor)

VAT Voluntary Disclosure Form 211

The Federal Tax Authority (FTA) has introduced a form 211 – VAT voluntary disclosure form. It will help the taxable persons to rectify the errors they committed in their UAE VAT Form 201which is already filed. It is an option given by the FTA for the tax periods to voluntarily disclose the errors one has committed.

This disclosure requirement has nothing to do with your VAT return or voluntary registration. The voluntary disclosure referred to is only to be used in the  circumstances if you later discover an error in a VAT return previously submitted.

What is meant by Voluntary Disclosure under UAE VAT Law?

Every Taxable person has an option to rectify the contents of the VAT Return (Form 201) which were already filed. By using the voluntary disclosure option, the taxable person can rectify the amount of tax disclosed by him previously. One can use the form 211 – VAT voluntary disclosure to inform the authority and rectify the same voluntarily before the authority finds it before a tax audit or through an assessment.

 

 

How to use the VAT Voluntary Disclosure Form 211?

Once the taxable person identifies the error or omission he made in his previous VAT return form 201, he can log in to the official portal of FTA by using their user name and password and access the VAT voluntary disclosure form 211 to rectify.

As shown in the above screen shot, the taxable person can select the respective periods wherein a voluntary disclosure is required by clicking the button submit form 211 to rectify the mistakes.

When can one use VAT Voluntary Disclosure Form 211?

If a taxable person makes an error or omission or a wrong treatment of tax by which the output tax payable or input tax recoverable is more than AED 10,000/- for a particular period then, he must use the VAT Voluntary Disclosure form 211 to inform the authority. The form will show the original figures disclosed under “as reported” and will give an option to edit the amount under separate box named “as current”. Further the reason for such discrepancy also should be disclosed.

Once the newly arrived figures are written in the respective boxes under “as current”, the total tax liability under box number 14 also gets changed. This will be the actual tax liability to be paid to the authority. Further, the taxable person should also upload the supporting documents for such voluntary disclosure. It includes a letter describing the background of the facts and a detailed description of the errors disclosed, the reason for voluntary disclosure as well as the impact on the relevant boxes of the tax return.

Penalty while using the VAT Voluntary Disclosure Form 211?

There are two types of penalties.

  1. Fixed penalty
  2. Percentage based penalty

Fixed penalty – if the tax payer uses the VAT Voluntary Disclosure form 211 for the first time, AED 3,000/- shall be levied. For every repetition in using the VAT Voluntary Disclosure form 211 AED 5,000/- shall be charged.

Percentage based penalty – if the tax payer discloses less than the actual tax liability in the return and subsequently uses Form 211 VAT Voluntary Disclosure form, the percentage-based penalty will be as follows:

  • If the taxable person makes a voluntary disclosure before the authority notifies (by way of tax audit or tax assessment), 5% of the tax amount which was not disclosed earlier will be the penalty.
  • If the authority notifies the taxable person for a tax audit and during the tax audit if he makes a voluntary disclosure by using VAT Voluntary Disclosure Form 211, he will be liable to pay 50% of the tax amount.
  • If the taxable person makes a voluntary disclosure after the authority notifies for a tax audit but before starting the tax audit, he has to pay 30% of the tax amount as a penalty.

What if the difference in tax amount identified is less than AED 10,000/-?         

If a taxable person makes an error or omission or a wrong treatment of tax by which the output tax payable or input tax recoverable is less than AED 10,000/- for a particular tax period, then he need not use the VAT Voluntary Disclosure form 211 to inform the authority. He can rectify such errors in the subsequent VAT Return without a separate disclosure.

For Example:

XYZ LLC is a company registered in Dubai and the tax paid is 1st January 2018 to 31st March 2018 and quarterly thereafter. For the first quarter, the total sale was AED 10,000,000/-  out of which 3,000,000/- was an export and the balance 7,000,000/- was standard rated supply. The total output VAT is AED 350,000/-. Recoverable input tax under standard rated expenses (5,000,000/-) was AED 250,000/-. Hence, net tax payable is AED 100,000/-.

Suppose, XYZ  LLC wrongly filed their VAT Return Form 201 – AED 6,000,000/-  as 5% taxable supply and AED 4,000,000/-  as export. In this case it will be showing AED 50,000/- as net tax payable to the authority.

What will be the penalty under voluntary disclosure scheme?

  1. If voluntary disclosure is filed for the first time without any notification from the FTA then fixed penalty is AED 3,000/- and percentage-based penalty will be AED 2,500/- (5% of AED 50,000/-)
  2. If the authority already sent a notification for a tax audit and if XYZ LLC discloses under VAT Voluntary Disclosure Form 211 before the authority starts a tax audit, then the fixed penalty is AED 3,000/- and percentage-based penalty will be AED 15,000/- (30% of AED 50,000/-).
  3. If the authority already started a tax audit and XYZ LLC discloses under the VAT Voluntary Disclosure Form 211 during the tax audit, then the fixed penalty is AED 3,000/- and percentage-based penalty will be AED 25,000/- (50% of AED 50,000/-)

Every taxable person should file their VAT Return with optimum precision within the time frame specified by the UAE VAT Law which is within 28 days from the end of each tax period. A taxable person should ensure that the VAT Return Filing is processed in a correct manner, so as to limit the frequency of using the VAT Voluntary Disclosure Form 211 to avoid penalties.

I strongly suggest to get your VAT Return filed by licensed tax consultants to avoid penalties and fines from FTA.

Nam Accountants can help you to deal on this matter. For more details and information call us now  : 971-558876440

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Visit us : http://www.namaccountants.com/vat-consultants-in-uae.html

 

VAT Registration and Its Impact

VAT Registration And Its Impact

Value Added Tax (VAT)

Value Added Tax or VAT is a tax on the consumption or use of goods and services levied at each point of sale. VAT is a form of indirect tax and is used in more than 180 countries around the world. The end-consumer ultimately bears the cost. Businesses collect and account for the tax on behalf of the government.

VAT Registration – What is VAT registration?

VAT registration is the process of listing your business with the government as active in production and sales. Once you are VAT registered, you will become eligible for the return of VAT.

Implication of VAT on individuals

VAT, as a general consumption tax, will apply to the majority of transactions in goods and services. A limited number of exemptions may be granted.

As a result, the cost of living is likely to increase slightly, but this will vary depending on an individual’s lifestyle and spending behaviour. If an individual spends mainly on those things which are relieved from VAT, he is unlikely to see any significant increase.

The government will include rules that require businesses to be clear about how much VAT an individual is required to pay for each transaction. Based on this information, individuals can decide whether to buy something.

Implication of VAT on businesses

Businesses will be responsible for carefully documenting their business income, costs and associated VAT charges.

Registered businesses and traders will charge VAT to all of their customers at the prevailing rate and incur VAT on goods/services that they buy from suppliers. The difference between these sums is reclaimed or paid to the government.

For more information visit : http://www.namaccountants.com/vat-consultants-in-uae.html

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Contact us : +971-558876440

UAE approves 100% ownership of companies

Changes to Foreign Ownership and Visa Rules Announc

Residency system amended

“The UAE will remain a global incubator for exceptional talents and a permanent destination for international investors. Our open environment, tolerant values, infrastructure and flexible legislation are the best plan to attract global investment and exceptional talents to the UAE,” stated Shaikh Mohammad.

He also directed the Ministry of Economy, in coordination with the concerned parties, to implement the resolution and follow up on its developments, and to submit a detailed study in the third quarter of this year.

At a meeting of the Cabinet of the Council of Ministers of the United Arab Emirates (“UAE”), the UAE Government decided to allow foreign investors to own 100% of their businesses in the UAE and approved sweeping changes to the current UAE visa system.

The changes were announced yesterday evening (20 May 2018), on Twitter, by Sheikh Mohammed Bin Rashid Al Maktoum, the Prime Minister of the United Arab Emirates and the Ruler of Dubai.

 

  • What Are The Changes That Have Been Announced?

Anyone coming into the UAE as a professional or as an investor is typically granted a residence visa of two years, which is renewable. This has now been changed to a ten-year visa for investors and professionals in highly skilled fields such as engineering, medicine and science. Students will be given a special five-year visa, while those who consistently perform well and earn top grades will be granted a ten-year visa as well.

Another very significant change is in the ownership of companies. Businesses within the UAE are divided into two main categories: mainland businesses and freezone businesses.

At present, mainland businesses can be partially owned by expatriate entrepreneurs, but must have a UAE national as a majority shareholder in the company. Freezone companies, on the other hand, can have full foreign ownership and are subject to separate regulations depending on the freezone.

With the new regulations, every business, whether mainland or freezone, will be able to have 100% foreign ownership without the need for an Emirati partner.

  1. 10-year residence visas

The system will grant investors and talents up to 10-year residency visas for specialists in medical, scientific, research and technical fields, as well as for all scientists and innovators.

It also grants five-year residency visas for students studying in the UAE, and 10-year visas for exceptional students.

The Cabinet also issued instructions to conduct a review of the residency system with a view to extending residency permits for those sponsored by their parents after completing their university studies to facilitate their future residence in the UAE.

 

    2. When will these changes come into effect?

According to Sheikh Mohammed’s messages, the new changes will be implemented starting with the third quarter of this year. Previous reports suggested that the new investment law should be published by the end of the year. It remains to be seen whether the visa changes will be provided for in the investment law or will be implemented earlier through Cabinet decision or similar legislation.

When implemented, these changes are likely to significantly alter the business environment in the UAE and have a tangible impact on the majority of UAE based businesses and (at least) certain categories of residents. While many questions remain unanswered for now, it is likely that more information will become available in the near future. If you are concerned or have any questions as to how the proposed changes will affect your business in the UAE, please do not hesitate to contact us.

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