July 30, 2024

UAE Economic Substance Regulations (ESR)

The UAE has been proactive in its commitment to maintaining a transparent and fair tax environment. As part of this commitment, the Economic Substance Regulations (ESR) were introduced to ensure that entities engaging in relevant activities maintain substantial operations within the UAE. This article delves into the latest ESR rules, outlining compliance requirements and how Prism 7 Corporate Services can assist businesses in navigating these regulations. Although the last amendments were now a while ago, we thought it still worth mentioning ESR for new businesses that may not be aware of the requirements.

Overview of Economic Substance Regulations (ESR)

Economic Substance Regulations (ESR) were initially introduced in the UAE through Cabinet Decision No. 31 of 2019, effective from January 1, 2019. The primary objective was to align with the OECD’s Inclusive Framework on Base Erosion and Profit Shifting (BEPS) and to address concerns from the European Union regarding harmful tax practices. Subsequent amendments were made via Cabinet Decision No. 57 of 2020 and Ministerial Decision No. 100 of 2020, which came into effect on August 10, 2020, and August 19, 2020, respectively.

Key Amendments in UAE ESR Regulations

The most recent amendments have introduced significant changes to the compliance landscape for businesses operating in the UAE. Notably:

  • Expanded Definition of Qualifying Income: Includes income from qualifying intellectual property and sets out conditions for qualifying and excluded activities.
  • De Minimis Requirement: Specifies that non-qualifying income should not exceed 5% of total revenue or AED 5 million.
  • Mandatory Filing Deadlines: Businesses must submit an Economic Substance Notification within six months of the end of their fiscal year and an Economic Substance Report within twelve months if they have earned income from relevant activities during that period​.

Relevant Activities under ESR

Entities must conduct an Economic Substance Test if they are involved in any of the following activities:

  • Banking
  • Insurance
  • Investment Fund Management
  • Lease-Finance
  • Headquarters
  • Shipping
  • Holding Company
  • Intellectual Property
  • Distribution and Service Centers

ESR Compliance Requirements

  • Economic Substance Notification: Required annually to declare if the business is conducting relevant activities, even if no income was generated from such activities.
  • Economic Substance Report: A detailed report demonstrating substantial activities in the UAE, to be submitted if income was earned from relevant activities.

Penalties for ESR Non-Compliance

Failure to comply with ESR can result in substantial penalties:

  • Up to AED 20,000 for failing to submit a notification.
  • Up to AED 50,000 for failing to submit a report or for providing inaccurate information.
  • Up to AED 50,000 for the first instance of failing the Economic Substance Test, increasing to AED 400,000 for subsequent failures

How Prism 7 Can Assist With ESR

Prism 7 Corporate Services offers comprehensive support to ensure your business meets all ESR requirements. Our services include:

  • Impact Assessment: Evaluating how ESR regulations affect your business operations.
  • Gap and Remediation Analysis: Identifying compliance gaps and recommending corrective actions.
  • Compliance and Reporting: Assisting with accurate and timely filing of Economic Substance Notifications and Reports, ensuring all regulatory requirements are met.

Staying compliant with the UAE's Economic Substance Regulations is crucial for avoiding penalties and maintaining business operations. Prism 7 Corporate Services is equipped to guide you through every step of the compliance process, ensuring your business meets all regulatory requirements.

Matimeforwah Linda
Prism is the best company you can see in UAE today with very fast and reliable services.Got my police clearance within 24hours at prism and my LSA job through Mrs Avni a very sweet soul. Tasted and trusted
rehaan touseef
I am thoroughly pleased with the services provided for my family visa application. The entire process was incredibly smooth and well-managed. From start to finish, all the necessary steps were communicated clearly and efficiently. I appreciated the transparency and professionalism throughout. I highly recommend their services to anyone looking for a hassle-free visa experience.
Madhureddy Pandhiri
Very professional.highly recommend
Clint Miranda
I had a fantastic experience with their service when I needed my education certificate attested. From the moment I reached out to them, the staff was professional, responsive, and attentive to my needs. They explained the entire process clearly and made sure I understood the timelines and requirements. To my surprise, they completed the attestation much faster than the committed time, and I received my documents back well ahead of schedule. The efficiency and reliability of their service exceeded my expectations. Their customer service was outstanding, and they were always available to answer any questions I had. I truly appreciate their dedication to providing high-quality service. If you need any document attestation or related services, I highly recommend them. You won't be disappointed
adebayo kehinde
Prism 7 Corporate Services has impressed me with its professionalism and efficiency in handling services. Reviews highlight their smooth, stress-free process and exceptional customer support, with staff providing clear communication and quick service. I appreciate the team's attention to detail and dedication, making complex procedures feel effortless. Highly recommended for reliable and efficient corporate services. More importantly BIG THANKS to Ms. Avni
AMAR Fernandes
Swift service. Minimum questions, understanding and professional staff. Keep up the good work team
Sabith Shah
"Excellent service! Prism 7 Corporate Services handled my attestation perfectly. They were very transparent about the process and fees; Mary Jane takes good care of my documents she received my documents back much sooner than anticipated. I would use their services again and recommend your company to my friends, Thanks again MJ…
Julie Cassidy
We found Ian @ prism 7 to be very helpful and professional! He provides businesses with a seamless, smooth process for end to end company incorporation in the UAE, highly recommend!
Jihas Najeeb
Excellent experience with Prism 7. Their professionalism and timely service were exceptional. From start to finish, the team demonstrated a keen understanding of the details involved, ensuring that all processes were handled efficiently and accurately. Their customer service is top-notch, with every query addressed promptly and courteously. The quality of their work reflects a high level of expertise and commitment. I highly recommend Prism 7 to anyone seeking reliable and efficient services.
Muzammil Kalsekar
I recently had the pleasure of getting serviced by Prism 7 Corporate for my passport renewal, and I am thoroughly impressed with their service. From start to finish, the process was smooth and efficient. The staff was highly professional, providing clear instructions and prompt responses to all my inquiries. Their attention to detail ensured that all my paperwork was handled accurately and submitted on time. The entire experience was hassle-free. I highly recommend them for anyone needing reliable and professional assistance with passport services, visa, company formation etc. Their commitment to customer satisfaction is truly commendable. Thank you

How Can We Help?

Speak to our team today to find out more about what we do and how we can help

Part of the Prism 7 Group (UK & UAE)
© Dankee DMCC trading as Prism 7 Corporate 2023. Part of the Prism 7 Group
Reg Address: Office 3003, HDS Business Centre, Cluster M, JLT, Dubai, UAE
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram