The United Arab Emirates are one of the richest countries in the world and considered to be the hub of the Middle East. Their extraordinarily liberal tax system makes them a popular country for tax optimization. A fact, which many international companies take advantage of.
The perception that immigration to the UAE and starting a business there is simple and straightforward is widespread. However, in reality, there are certain pitfalls that should be avoided.
Are the United Arab Emirates, or more precisely is the Emirate of Dubai, the right solution for you? This guide will provide you with an overview of the Emirates, their economic system and further information regarding establishing a company and the tax burden in Dubai.
The United Arab Emirates are made up of 7 individual Emirates, each with a high degree of autonomy. All emirates are named after their individual capital cities. In its current form this federation has only existed since 1971. Before, the country was bound to the United Kingdom as a “treaty coast” by protectorate treaties.
The capital of the UAE is Abu Dhabi, which was only named as such in 1996 through a constitutional amendment and is still the most important economic and cultural center of the UAE.
Dubai with an area of 3,885 km² and around 3,411,200 inhabitants.
Abu Dhabi with an area of 67,340 km² and about 1,967,600 inhabitants.
Umm al-Qaiwain with an area of 777 km² and about 65,000 inhabitants.
Fujairah with an area of 1,165 km² and about 163,751 inhabitants.
Ra’s al-Khaimah with an area of 1,684 km² and around 413,000 inhabitants.
Sharjah with an area of 2,590 km² and about 1,060,000 inhabitants.
Ajman with an area of 259 km² and about 263,000 inhabitants.
The United Arab Emirates are co-foun- ders of the Gulf Cooperation Council and a member of the Arab League, the United Nations, OPEC (Organiza- tion of Petroleum Exporting Countries) and the World Trade Organization. They have the seventh largest oil re- serves in the world and are one of the richest countries in the world, with a gross domestic product per capita of $67,871.
The German Foreign Office defines the UAE state system as a “patriarchal presidential system with traditional consultation mechanisms”. Each of the 7 emirates has a ruler, which together form the Supreme Council of Rulers, also known as the Federal Supreme Council. They elect the president and the vice-president, who hold their office for 5 years. However, as there is no limit to the term of office, they can be re-elected indefinitely. There are no political parties or trade unions. The president appoints the prime minister and both together appoint the cabinet, which consists of 24 ministers. A supreme court examines the constitutionality of the law. There is a joint parliament consisting of 40 members who have an advisory role. The members are appointed by the respective sheik on the basis of the population of an emirate.
The current president and ruler of Abu Dhabi is Chalifa bin Zayed Al Nahyan, who, in 2011, was the fourth richest monarch in the world. He assumed the office of President on the third of November 2004, after having held the positions of Prime Minister and Deputy Commander in Chief of the Armed Forces in previous years. He had previously temporarily assumed the position of head of government in place of his father, after he, being the president at the time, became seriously ill. In 2004 the president suffered a stroke, so that since then his brother and Crown Prince Sheikh Muhammad bin Zayed Al Nahyan has taken over all official duties.
The individual emirates have extensive autonomy. The power of the respective ruler of an emirate is inviolable, which means that the implementation of domestic politics in the individual emirates may sometimes vary. In general, familial succession determines the next ruler.
According to the provisional constitution of the United Arab Emirates, the judiciary is independent in matters of civil, criminal and public law. In the legislative and executive branches, the Supreme Council has the highest authority. The highest judicial authority is held by the High Federal Court, the Union High Federal Court of the Union. It consists of the Chief of Justice and a maximum of 5 judges who are appointed by the President.
The legal system of the UAE is of a dual nature, consisting of Western and Islamic law, with Sharia law being named as the main source of law in the UAE’s provisional constitution. However, according to the German Foreign Office, in practice the Sharia plays a subordinate role, with the exception of family law. According to information from the German diplomatic mission in Dubai, the relevant legal sources in civil law issues are in descending order of importance:
Constitution
Federal- and Emirate-legislation
Sharia
Trade customs and practice
The largest city in the United Arab Emirates, Dubai, is with almost 4,000 km² the second largest emirate in the UAE. Over 80% of the residents of Dubai live in the capital of the same name, which is why the economic, social, cultural and political life are focussed on this city. Most of the rest of the emirate comprises desert. Worldwide, the city is one of the most popular urban travel destinations with the highest income from tourism, with 14 million visitors in 2013 alone. Dubai-City lies in the northern part of the emirate, directly on the Persian Gulf, and is divided by the Dubai Creek, a 14 km long bay that is up to 1.3 km wide.
Dubai has experienced a decade-long construction boom and holds the title of the city with the highest number of skyscrapers with a height greater than 300 m. The tallest building in the world, the Burj Khalifa at 828 m, is also located in Dubai. It was called Burj Dubai until its inauguration in 2010, when it was renamed in honor of the President of the United Arab Emirates. The building has 163 floors, with the lower 38 floors belonging to the world’s first Armani Hotel. The floors above are offices and suites. The 124th and 125th floors are used as a viewing platform with a 360-degree view. An elevator ride to the 456 m high floors takes only 55 seconds.
In Dubai the jurisprudence differs from that of many other Islamic countries, since the Sharia serves as the basis and is not interpreted according to the western equivalent. If you decide to set up your company and take up residence in Dubai, it is important to prepare for this legal system. There are numerous acts that constitute a criminal offence, although at first glance they may seem insignificant.
An example of this is that with an EU driving licence you can only drive a rental car, but not own a car with a Dubai licence plate. This is reserved for those who have a driving licence from the UAE. The legal system also frequently makes international headlines in the area of sexual violence, as the victims and not the perpetrators are legally prosecuted for these offences.
Employment law ind Dubai is very much geared towards the benefit of employers and regulates working hours, leaving the company and termination rights. In order to be allowed to work as a foreigner in Dubai, a permit from the Ministry of Labor is required. Since 2011 the work and residence permit can only be issued for a now limited duration of 2 years and can then be renewed. It applies to a specific job, but can be transferred to another post with consent if you change employer.
The standard working hours are 8 hours a day for a 6-day week. 48-hour weeks are the rule, with the daily working hours in retail or in the catering and hotel industry being extended to 9 hours. There are no trade unions in any of the United Arab Emirates, and no employee participation is known. In the event of a dispute between employer and employee, the Ministry of Labor and Social Affairs acts as an “arbiter” and tries to mediate. Strikes are forbidden, but there have already been limited stoppages due to non-payment of wages or gross violations of labor standards.
In Dubai there is no compulsory health insurance, which is why every resident must independently seek private insurance. There is no shortage of offers in Dubai, but you should take a closer look as there are providers who offer inadequate protection in the event of serious illnesses or hospital stays.
The healthcare standard is very high, thanks to the numerous doctors and other medical staff who have been trained in Germany, Switzerland or the USA. There is no compulsory vaccination, but protection against typhus and polio should be ensured if you want to go on tours outside the city.
For Dubai and the other emirates of the UAE, the extraction of oil, the black gold, was an important source of income for a long time. This, however, has changed in recent years, as the emirates are striving to become more and more independent of these fossil fuel sources for their economic security. They are increasingly focusing on the expansion of tourism, where Dubai is a leading entity.
In addition to the sale of oil and tourism, Dubai has been able to build high economic growth thanks to a very liberal economic policy. It is regarded as the ultimate tax haven, as no direct taxes such as income tax or other corporate taxes are levied. Dubai finances the state budget through oil, tariffs and a few indirect taxes that are levied on luxury goods, tobacco products, restaurants and rents.
The tax exemption and the prosperity of the ever-growing city make Dubai a popular emirate for establishing a company. The entire United Arab Emirates are politically and economically independent and “whitelisted” according to OECD regulations. To start a business in Dubai you have 3 options:
Offshore-Company
Free Zone Company
MainLand Company
Establishing an offshore company is a popular option around the world to protect existing assets or to minimize bureaucratic effort. Offshore companies are also offered in the UAE, but they are now unable to obtain bank accounts or visas.
In general, the banking system in the UAE is very discreet as the banks are subject to strict regulations regarding confidentiality and anonymity. There are also no agreements on the transfer of information to other countries.
In Dubai and the other Emirates of the UAE, you can therefore benefit from a solid banking system in which banking secrecy enjoys great attention.
In March 1992, the then Sheikh of Dubai founded the new Department of Economic Development (DED), with the aim of making the Mainland Company more attractive. Through employing a Local Service Agent it has since been possible to maintain 100% of the shares of your company and still benefit from the advantages of the Mainland Company.
This gives you full access to the public market, allows you to change or extend to your offices and business activities, and you can build up creditworthiness in the UAE. Another advantage is that you can apply for unlimited visas for your family, employees and business partners.
Mainland Companies in Dubai are divided into three types of companies:
The ‘Sole Establishment’ type is comparable to a sole proprietorship, but no local partner is required. All that is needed is a local service agent, who is the interface to the authorities and who takes care of the establishment of the company.
There is also the so-called ‘Civil Company’, which is similar to a German limited partnership (KG) or a company under civil law (GbR).
The individual partners of the company own the shares and thus form a partnership. This partnership agreement must be drawn up and certified by the notary.
Finally, there is the possibility of a ‘Limited Liability Company (LLC)’.
However, this has the significant disadvantage that an Emirati must receive at least 51% of the shares in the company. This local partner, who receives a certain functional fee, is required pro forma, comparable to a trustee e.g. B. in Liechtenstein. The local sponsor is required to do business in Dubai, especially when it comes to physical goods that are to be sold internationally.
However, his 51% share does neither entitle the local partner to a say in company decisions, nor bank account access, shares in profits or to benefit from the proceeds of a later sale of the company. All investors in the company, i.e. the founder and any business partners, can only split the remaining 49 % among themselves.
Internally, however, investors can divide all profits differently through corresponding contracts. So if, for example, an investor invested a million euros to own half of the company, he would nominally get half of the 49 % (24.5 %), but receive half (50%) of all profits. There is no 1:1 ratio between profit sharing and corporate rights.
Because this condition displeases many immigrants, they often resort to establishing a Free Zone Company in order to be able to control 100% of their company. The catch here, which many underestimates, is the difference between business acumen in Germany or Europe and that of the United Arab Emirates.
With a Free Zone Company, foreigners always had the opportunity to start a business in the UAE without having to rely on a local service agent or the partnership of a local. You own 100% of your company.
Your business activity must be precisely specified and categorized, as you can no longer change or add to it, after the company has been registered. If there are differences between the invoiced services and the selected license, problems with the banks can occur and your sales can be frozen or your bank account blocked.
We have encountered these issues with clients in the past, where the company was set up by other agencies, and we were not involved from the beginning. Further problems can arise because the Free Zone Company does not allow you to do business with locals or move to other office buildings.
However, this option does give you the chance to be the sole partner in your company, to do international business and to enjoy double taxation agreements with some countries such as Germany, Austria, Canada or Thailand. We would be happy to discuss your business plans with you and the responsible bank and ensure, that you define the licences correctly or implement a company that is more suitable for you: the Dubai Mainland Company (Civil Company or Sole Establishment)
Establishing an offshore company was a popular option in many countries around the world to protect existing assets and at the same time reduce bureaucratic effort to a minimum. This option is also open to you in the Emirates.
With an offshore company you can keep 100% of your company’s shares, you do not have to rely on a local and the names of the partners remain anonymous. Although this set-up does provide a few advantageous opportunities, offshore companies are also considerably restricted in a multitude of settings, which is why it is not advisable to save on costs during the company formation process only to be surprised by expensive mistakes in the long run. We would be happy to advise you as part of our personal consultation.
In Dubai, you will be able to live tax-free, experience prosperity and enjoy the best weather at the same time. Well-known entrepreneurs, who have successfully relocated their company and private residence to Dubai with our support, perceive life there as very open and motivating. While envy plays a major role in the corporate culture of many European countries, growth and motivation are more important in Dubai City.
The success of other spurs oneself on to higher achievements and mutual praise is abundant. Dubai is considered a very safe emirate, but it should not be forgotten that despite modernity and progress it is an Islamic country. Women in particular should be careful to dress appropriately and keep themselves covered from the neck down. Swimwear should only be worn on hotel grounds or in your private residence.
At first glance, the cost of living can seem prohibitively high, especially if regional customs are still unknown. Many everyday goods are at a similar or slightly cheaper level to Germany and Europe, for example cars or electronic devices.
Groceries or household goods, on the other hand, are more expensive if they are bought outside the special offers, which are very common throughout the year. Discounts of up to 90% are not uncommon there.
In Dubai, it is beneficial to reach out to locals for insight into their customs and traditions.
In order to live in Dubai you need a visa, for which you have 3 options:
UAE Residency Visa, also called Investor-Visa
VAE Employment Visa
Family Visa
The Family Visa can be obtained by shareholders, managing directors or employees for their families. As an employee, you need the Employment Visa and should ideally present it to your employer before entering the country. You can obtain the investor visa when starting a business in Dubai or another emirate or when investing in real estate in the UAE. With an investment in a property in Dubai you benefit from unusually high rental returns and an extraordinary increase in value.
The acquisition of real estate or land differs from emirate to emirate. In many, foreigners are not allowed to purchase real estate, only to lease it for up to 99 years or for an unlimited period according to the English model. Since the introduction of Dubai Law No. 7 of 2006 a different regulation: In the second largest emirate of the United Arab Emirates, foreigners are allowed to buy real estate in certain areas:
Arabian Ranches
The Palm
Jumeirah
Dubai Marina
Additionally, there are regulations for the purchase of real estate that is currently being built and for homeownership in general. A distinction is made between freehold and long-term leasehold. With the former, you are the unrestricted owner of the property and the buildings on it. There is no time limit. The long-term leasehold limits the long-term rent — depending on the project — to 90 to 99 years.
In order to avoid pitfalls in advance, it is important to clarify the most important questions before taking any drastic steps. The central questions are: Do you want to live and work in the Emirates, especially Dubai, or do you just want to enjoy tax freedom? Do you need to move to the metropolis for this purpose? Is it really necessary to move there or could there possibly be a better solution near your current country of residence? The answers to these questions are important so that you will not have the renewed hassle of moving your business and private life out of Dubai again in just a few short years.
Once you are sure that you want to set up your company in Dubai and relocate there, we at Schippke Wirtschaftsberatung AG are at your side with our local employees to support and advise you in your move. In order to set up your company, it is important to decide in advance which of the 3 company options suits you best.
It is crucial that you specify the correct business activities when starting your business. A total of 2100 different licenses are available to you, and if invoices and selected business activities do not match, payments are frequently not accepted or are immediately frozen. In the worst case, the bank account may even be permanently blocked. A later change in business activity is only partially possible. Therefore, the choice of licenses is the most important pitfall when setting up a company in Dubai and is particularly important when establishing the Free Zone Company. When starting a MainLand Company, you can adjust the licenses as you develop new lines of business. We will be able to advise you holistically before founding a company, so that you can choose the right business activities and thus proactively prevent this problem.
This decision should by no means be taken lightly, as visas, bank accounts and other necessities depend on it. If you choose the wrong option, there is often no turning back and problems with the bank and the authorities can arise.
Another pitfall is applying for the formalities in the wrong order. For example, you can only apply for the visa if you have entered the company and registered the correct license. In addition, you need the right type of visa for your project and must select the correct licenses from the 2,100 business activities that suit your business. You should also pay attention to this when issuing future invoices. The biggest pitfall that we often encounter with our business consultancy is that companies want to rush to Dubai without first adequately considering the local customs, necessary documents or details of the company they intend to establish. The step into a tax-free life requires a lot of preparation.
When looking for a partner who will accompany you on the way to establishing a company in Dubai, you will come across numerous, often overpriced offers from various agencies. They advertise themselves with a swift implementation in the tax haven and knowledge of the customs in Dubai. Our experience however shows that they may know their way around Dubai (if at all), but are not familiar with the German and European systems.
In practice, this often leads to the following problems:
The DTAs and subtleties in the relationships between the various countries in Europe and the Emirates are ignored.
Long waiting times because there is no direct cooperation with the DED
Clients are often left alone with their questions
Misunderstandings with the authorities
Incorrect/incomplete selection of licenses
These agencies usually charge € 20-30,000 for their services.
We at Schippke Wirtschaftsberatung AG handle the entire process differently. We holistically advise our clients with regard to the challenges that Dubai presents, as well as all aspects important for their country of origin in Europe. Furthermore, we have our own office in Dubai, which is why we maintain close contact with the DED. On the one hand, this enables us to receive the necessary licenses much faster and, on the other hand, the communication channels are clearer. Since we are on site, we have immediate access to all information and daily changes.
The United Arab Emirates in their current form are a young nation, which is why they are still experimenting with certain laws and regulations to determine which provisions make sense and which are superfluous. To give an example: In order to be able to immigrate, it used to be necessary to present a certificate of good conduct translated into English, which could not be older than 6 weeks. However, the authorities soon realized that this process was too time-consuming for many entrepreneurs and abolished this regulation. Likewise, they may decide at any time that new documents will be required forthwith. Agencies that do not have direct access to such information cannot advise their clients in time and with the necessary detail.
Since we have extensive experience with establishing companies in Dubai for our clients, we know exactly which steps to take, when to take them and how. We are able to advise our clients with foresight and prepare all required forms, documents and evidence given to us in advance, so that the process can be carried out seamlessly and stress-free. This is how we manage to obtain most licenses after only 3 days.
One of the biggest difficulties in Dubai, and the United Arab Emirates in general, is opening a bank account. In the past, UAE accounts were frequently used for fraud as, until 1980, the UAE did not have a central bank, and it was therefore more difficult to track fraudulent businesses. In order to prevent this, strict regulations now apply when attempting to open an account. We at Schippke Wirtschaftsberatung AG are intimately familiar with all requirements and aim to prepare our clients perfectly to avoid any potential issues related to banking.
Together we are able to prepare many steps for establishing a MainLand Company in advance and our team will start the process independently before you even arrive in Dubai. Nevertheless, a personal stay of our clients of around 14 days in Dubai is generally necessary, during which we will conduct all official business and visits to the authorities which require the company founder to be present. However, we also want you to be able to enjoy your holiday and thus we will manage as much as possible with your power of attorney and passports alone. Only 3 personal appointments are absolutely required until you have your company in Dubai.
If the authorities are quick, and we have managed to obtain the completed documents in full, the company set-up will take approximately 3 days. Your visa will then take about 5 days to be granted and the related medical check-up will require a few hours of your time. During this test, the authorities check whether you are healthy, as immigrants should not have any chronic and infectious diseases. Here, too, we offer preferential service that will take you past the queues for examinations in order to save time.
Support in compiling the necessary documents
Detailed and proactive advice on setting up in Dubai
Office address + registration address including secretarial and postal service
Advice and support with opening bank accounts
Handling of all administrative procedures
Applying for a visa
Applying for the Emirates ID
We will accompany you from the first idea to the guaranteed account opening and also take on other services that facilitate your start-up in Dubai, such as a virtual office or the provision of local partners. We charge these services at 65,000 UAE dirhams, which corresponds to around € 15,000. An individual adaptation to your needs and wishes is of course possible at any time. We would also be happy to advise you on setting up alternative companies in other tax-favorable countries.
My mission is to help as many people as possible to dramatically reduce their tax burden. So many of us work, day in day out, without ever actually living. They spend most of their time running like a hamster in a wheel to build up wealth and fortune — despite their high tax burden. I would like to support you in spending your time doing the things that you really enjoy, savoring your freedom to the fullest and at the same time achieving your goals within a few weeks to months.
Schippke Wirtschaftsberatung AG works with top tax consultants and experienced lawyers to find the best solution for you. Whether you would like to reduce your tax burden in your native country, travel the world as a location-independent entrepreneur or want to permanently live in another country as good as tax-free.
Over the last 10 years I have founded several companies in different countries, including Dubai. I made a lot of mistakes and learned countless valuable lessons. In total, I paid more than 270,000 € for incorrect advice and countless windy offers that could not be implemented in practice, and was able to develop an exact system of what a really practical, legal and serious approach should look like. At Schippke Wirtschaftsberatung AG, I combine this experience and knowledge of numerous tax systems with the specialist knowledge of competent and experienced lawyers, tax consultants and economic experts. You, too, can benefit from this knowledge.
Arrange a free first consultation appointment with me and my team, during which we can discuss your company and your goals, and where we will show you your individual optimization options based on your specific situation. If you like what we suggest, we can take over and accompany you on the way to implement these strategies legally, stress-free and with an exact concept. I’m looking forward to meeting you.