ECONOMIC SUBSTANCE REGULATIONS
The UAE applies Economic Substance Regulations (ESR) to local companies located in the country, including businesses in the free zones and those engaged in any of the defined ‘relevant activities. These companies must provide the regulatory authorities with economic substance notifications, including preliminary information about the activities. This notification is a prerequisite for submitting an economic substance report by the company.
The companies are required to submit economic substance notifications and reports to the regulatory authority on an annual basis failure to adhere to this will result in sanctions suspension, revocation or non-renewal of the entity’s trade license or permit.
The prescribed Relevant Activities:
- Banking Business
- Insurance Business
- Investment Fund management Business
- Lease - Finance Business
- Headquarters Business
- Shipping Business
- Holding Company Business
- Intellectual property Business (“IP")
- Distribution and Service Centre Business
The Regulations apply to financial years commencing on or from 1 January 2019. An entity is required to meet the Economic Substance Test and file an Economic Substance Report for any financial period in which it has earned income from a Relevant Activity or if it doesn’t belong to the exempt category.