Resident Person Status under UAE Corporate Tax: Are You Really Taxable?
When the UAE introduced its 9 % corporate tax, one label determined whether your worldwide profits are in scope: “Resident Person.”
Get this wrong and you could pay tax you never owed—or face penalties for under‑declaring.
Below is a plain‑English breakdown of the residency tests, grey areas, and a 2025 compliance checklist.
Test |
Who Passes |
Why It Matters |
Incorporated in UAE |
Mainland LLCs, Free‑Zone entities, PSCs |
Automatic residency; worldwide income unless Free‑Zone 0 % applies. |
Effective Place of Management (EPM) in UAE |
Effective Place of Management (EPM) in UAE |
Makes the overseas entity a Resident Person; global income taxable. |
Business Income for Individuals |
Sole proprietors, influencers, freelancers with a UAE trade licence (or needing one) |
Employment salary exempt, but side‑hustle profits are taxable. |
2. Resident vs. Non‑Resident Tax Scope
Status |
Income Subject to UAE Tax |
Typical Example |
Resident Person |
Worldwide income (unless exempt) |
UAE LLC with a UK branch |
Non‑Resident Person |
Only UAE‑sourced income or PE profits |
German GmbH selling goods into UAE with no PE |
3. Common Misconceptions
Myth |
Reality |
“My company is in a Free Zone, so I’m non‑resident.” |
Free‑Zone entities are Resident Persons; they just may get 0 % on qualifying income. |
“Back‑office in Dubai isn’t EPM.” |
If strategic control sits in Dubai, the foreign entity becomes resident—back‑office alone won’t, but decision‑making will. |
“Dormant company = no return.” |
Resident status means all entities must file, even nil returns. |
4. Compliance Checklist for 2025
- Map decision‑making: board minutes, C‑suite location.
- Register within 3 months of becoming resident.
- Segregate UAE vs. foreign income in your ledgers.
- Review double‑tax treaties for credit relief.
- Document EPM evidence (or absence) every year.
- File returns on time, even if taxable income = 0.
5. Action Steps for Businesses & Freelancers
- Companies: Confirm where key management decisions are made.
- Foreign HQs: Keep board meetings abroad or accept residency and plan for 9 %.
- Freelancers: Separate trade‑licence income from exempt employment salary.
- Free‑Zone Firms: Track non‑qualifying income; 0 % doesn’t cover everything.
- Residency diagnostics—30‑minute review of shareholding & EPM.
- Entity structuring—switch from branch to subsidiary if it lowers tax.
- Return filing & treaty relief—ensure no double taxation.