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UAE Corporate Tax Guide: Navigating Foreign Source Income

1. UAE's Federal Tax Authority Unveils Corporate Tax Guide for Foreign Source Income

The United Arab Emirates’ Federal Tax Authority (FTA) has recently released a comprehensive Corporate Tax Guide, focusing on the taxation of foreign source income. The guide aims to provide clarity on various aspects, including the relevance of foreign source income under the Corporate Tax Law and its implications for taxable persons. Let’s delve into the key insights presented in the guide.

UAE Corporate Tax Guide: Navigating Foreign Source Income

Understanding the Guide's Objectives

(a) Purpose of this guide:

The guide delineates its objectives, offering general guidance to taxpayers on taxing foreign source income under the Corporate Tax Law. It addresses crucial points such as:

  • The relevance of foreign source income
  • Identification of foreign source income for taxable persons
  • Taxation applicability to specific taxable persons
  • Timing considerations for the taxation of foreign source income
  • Determination of taxable and exempt income related to foreign source income
  • Insights into Foreign Tax Credit and its computation

 

(b) Who should read this guide?

The guide is explicitly designed for taxable persons receiving or deriving income from sources outside the UAE, including Qualifying Free Zone Persons. The FTA recommends reading the guide in conjunction with the Corporate Tax Law, implementing decisions, and other relevant guidance.

2. Norway's Move Toward a Global Minimum Tax for Multinational Enterprises

In a significant development, the Norwegian Government has proposed a Bill to introduce global minimum tax rules for large multinational enterprises. This move aligns with internationally agreed-upon rules aimed at reshaping the taxation framework for such enterprises. The proposal is rooted in the OECD Inclusive Framework’s efforts to address challenges arising from the digitalization of the economy.

Key Points from the Proposal

On November 24, 2023, the Norwegian Government presented a Bill to the Parliament, outlining the implementation of globally agreed-upon rules on a minimum effective tax rate. This proposal, based on the OECD Inclusive Framework’s model rules, targets profit shifting and ensures a minimum effective tax rate of 15% on profits for large business groups.

The rules apply to international companies with consolidated group revenues surpassing EUR 750 million, aiming to protect the tax base and counteract harmful international tax competition. Effective from January 1, 2024, these rules represent a collaborative effort involving over 140 jurisdictions.

Source: Press Release dated 24-11-2023

UAE Corporate Tax Guide: Navigating Foreign Source Income

3. Malaysia's Tax Incentive for Approved Food Production Projects

The Malaysian Inland Revenue Board (IRBM) has issued guidance on a tax incentive designed to promote approved food production projects in the country. This incentive encompasses income tax exemptions for eligible projects, categorized as new or expansions of existing projects. Let’s explore the specifics of this tax incentive.

Tax Incentive Details

(a) New Project:

Entities engaged in new food production projects can benefit from a 100% tax exemption for a continuous period of 10 years of assessment (YAs) on statutory income. This exemption commences from the initial YA in which the eligible entity generates statutory income linked to the approved project.

(b) Expansion of an Existing Project:

For the expansion of existing projects, entities can enjoy a complete 100% tax exemption for a continuous period of 5 YAs on statutory income. Similar to new projects, this exemption begins from the initial YA in which the eligible entity generates income related to both existing and expansion projects.

Approved Food Production Projects

The incentive is applicable to a range of approved projects, including the planting of crops, aquaculture, animal rearing, fishing activities, and more. The qualification dates for these projects vary based on specific types, as outlined in the Public Ruling.

Conclusion

These tax incentives serve as strategic measures to boost the food production sector in Malaysia, providing substantial benefits for entities engaged in these approved projects.

Source: Malaysian Inland Revenue Board Guidance

In conclusion, this week’s global tax developments showcase a diverse range of initiatives, from providing clarity on foreign source income taxation to implementing international agreements on global minimum tax and incentivizing food production projects in Malaysia. Stay tuned for more updates on World Tax News.

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