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Find out moreThe first Law Update of 2024 is here, and our first focus of the year spotlights Healthcare and Lifesciences, a sector that is undergoing significant growth and development across the MENA region.
Our focus provides an insight into some of the most important regulatory updates across the region, such as the UAE’s groundbreaking law on the use of human genome, Kuwait’s resolution on nuclear and radioactive materials, the new regulations for healthcare services in Qatar, Egypt’s healthcare regulatory framework, and the impact of the Saudi Civil Transactions Law on the healthcare and life sciences sector … and there is so much more!
Beyond the healthcare pages our lawyers share with you multi-sector insights where you will discover articles on Dubai’s DIFC regulatory framework for startups, Bahrain’s commercial agencies law, and we also shed light on Kuwaiti civil code and the advantages of setting up a joint stock company in Saudi Arabia.
Read the full editionFurther to the introduction of the economic substance regulations (“Regulations”) last year , the UAE Ministry of Finance (“MoF”) recently issued a guide on relevant activities and core-income generating activities (“Relevant Activities Guide”). The issuance of the Relevant Activities Guide follows the issuance of guidance on the economic substance requirements and the publication of FAQs by the MoF and the issuance of the cabinet resolution on determining regulatory authorities.
In the Relevant Activities Guide, the MoF has clarified that businesses should look beyond the commercial activities mentioned in the license or registration document in assessing whether they are carrying out a relevant activity.
Further, the MoF has indicated that core income generating activities (“CIGAs”) are activities that are of central importance to the licensee for the generation of gross income from its relevant activity.
The Relevant Activities Guide provided certain examples on CIGAs in respect of each relevant activity.
In addition to the obligation to submit an annual report, licensees are also required to notify their relevant regulatory authority on an annual basis as to whether they are carrying out a relevant activity. Previously, some regulatory authorities had announced deadlines for the filing of the notification. In light of the current COVID-19 situation, a few of these deadlines were extended.
We have outlined below the status of the notification filing deadline as announced by various regulatory authorities:
Relevant Authority | Initial filing deadline | New filing deadline |
Dubai Development Authority (DDA) | No announcement to date | No further announcement to date |
Dubai Silicon Oasis (DSO) | 31 March 2020 | No further announcement to date |
DMCC | 30 June 2020 | No further announcement to date |
Dubai International Financial Centre (DIFC) | 31 March 2020 | 12 June 2020 |
Abu Dhabi Global Markets (ADGM) | 31 March 2020 | 30 June 2020 |
DAFZA | 3 May 2020 | No further announcement to date |
Ajman Free Zone | 30 June 2020 | No further announcement to date |
RAK Economic Zone | 30 June 2020 | No further announcement to date |
RAK ICC | 30 June 2020 | No further announcement to date |
As the notification deadlines announced by many regulatory authorities are imminent and the first economic substance report is required to be submitted by 31 December 2020, there is very limited time for companies to assess the impact of the Regulations on their businesses. Any changes necessary to the operating models will also be required to be made before the submission of the first report in order to be compliant.
It is therefore critical for businesses in the UAE to commence preparations immediately and understand whether they are carrying out a relevant activity from a UAE economic substance perspective and consider whether any restructuring of its business operations should be undertaken to satisfy the economic substance test.
The failure to comply with statutory obligations under the Regulations has serious consequences and may result in the disclosure of the licensee’s information to foreign authorities, the imposition of an administrative penalty ranging from AED 10,000 up to AED 300,000 and the revocation, suspension or non-renewal of the existing license.
As the largest law firm in the Middle East and with strong corporate structuring and tax expertise and significant corporate structuring and tax experience across all industry sectors in the Middle East, we are well placed to assess the impact of the Regulations to your business, recommend and implement any changes required to your business structure to satisfy the economic substance test and assist you to comply with your notification and reporting obligations.
Please do not hesitate to contact Al Tamimi’s Corporate Structuring Team and Tax Team if you require any assistance.
Click here to follow Al Tamimi’s Tax Team’s LinkedIn page for more updates on tax developments in the Middle East.
Izabella Szadkowska
Partner, Corporate Structuring
i.szadkowska@tamimi.com
Shiraz Khan
Head of Taxation, Corporate Commercial
s.khan@tamimi.com
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