Baker Tilly urges UAE startups to prioritize tax compliance and planning
Markus Susilo, Partner & International Business Leader at Baker Tilly, outlines how startups in the UAE can navigate the new corporate tax regime, VAT, and Free Zone incentives through smart compliance and early tax planning.
What are the key corporate tax obligations that startups in the UAE need to be aware of under the new tax regime?
A startup must assess corporate tax (CT) registration as soon as it is established or begins operations. Deadlines differ depending on the legal form and tax residence of the person. Once registered, it must file annual CT returns and make payments on time to avoid penalties.
At what point does a startup become liable for corporate tax in the UAE, and how is the taxable threshold calculated for small businesses?
A business becomes liable for CT once registered as a taxable person. The worldwide income of a UAE tax resident is subject to tax in the UAE, while non-UAE tax residents are taxed only on certain UAE-sourced income or UAE-attributed taxable income. Small Business Relief applies where the annual revenue of a taxable person does not exceed AED 3 million, provided that it is neither a Qualifying Free Zone Person (QFZP) nor a member of Multinational Enterprise group. This relief is available until the end of 2026. Importantly, the AED 3 million revenue cap is assessed for each tax period and each previous period within that window. Once a business exceeds AED 3 million in revenue in a tax period, it becomes ineligible for the relief going forward. 
How should startups manage VAT registration and compliance, especially if they’re pre-revenue or just beginning to generate income?
VAT rules are separate from CT. As soon as a business makes its first transaction, it must assess whether this triggers its obligation or eligibility to register for VAT. Pre-revenue status does not relieve businesses from monitoring VAT obligations. Imports of goods and services must also be considered. In general, there are two thresholds to be observed: one for mandatory registration and one for voluntary registration. Mandatory registration has a specific deadline, whereas voluntary registration does not. The deadline depends on whether the threshold is breached or expected to be breached based on the historical or future threshold test.
Many startups rely on foreign investment and cross-border transactions. What tax considerations should they keep in mind under UAE rules?
The key advice is to always perform a tax analysis for all transactions, including international dealings. Before a startup signs a cross-border contract or accepts a foreign investment, it should consider consulting a tax advisor or using in-house expertise to check the overall UAE tax implications. This is especially crucial when the location of decision makers and/or staff of the UAE business is outside the UAE. Certain activities performed outside the UAE for the UAE business may have hidden adverse tax implications outside the UAE. 
Are there any common tax compliance mistakes that startups in the UAE tend to make, particularly in their early stages?
Startups often underestimate or delay tax compliance. Failing to comply with CT or VAT obligations results in missed registrations, inaccurate records, and late filings. The UAE aligns its tax framework with international standards, and non-compliance attracts penalties. Ignoring or undermining tax laws – even inadvertently – is something no business should do. The UAE has invested effort into aligning its tax system with international best practices and expects even small startups to comply fully. Believing that “we’re just a startup, so compliance can wait” is a serious misstep. Startups should treat tax compliance as a fundamental part of running the business from day one. This is also general practice in mature tax jurisdictions.
How do you see the evolving UAE tax framework impacting the startup ecosystem in the next 2–3 years?
Broadly, we expect a two-fold effect: greater compliance requirements on one hand, and greater stability and international credibility on the other. Another development is stricter enforcement by the Federal Tax Authority (FTA) to ensure that tax laws are followed. This could include audits or penalties for those who do not comply, signaling that even startups must take tax matters seriously from inception. We will also likely see the UAE tax system mature further with additional guidance and possibly amendments to the law as authorities learn from initial implementation.
On the positive side, the evolving tax framework brings clarity and support for startups. The government is conscious of maintaining a startup-friendly environment. For example, the Small Business Relief measure was introduced to support startups and small businesses by reducing their corporate tax burden and compliance costs in the initial years. Moreover, as the UAE aligns with international tax practices, startups could find it easier to expand abroad or attract foreign investment, since investors and partners take comfort in transparent, rule-of-law jurisdictions.
What advice would you give startup founders in terms of building a tax-efficient business from day one?
Building a “tax-efficient” business in the UAE (or anywhere) means structuring operations in a way that fully complies with the applicable laws while taking advantage of any incentives or reliefs available. My first piece of advice is that founders should incorporate tax considerations into their decision-making from the very start of the business. One practical approach is to map out potential tax “pain points” or exposures in the business plan. Being tax-efficient often means proper planning and documentation, rather than any aggressive tax avoidance scheme. It is about ensuring you don’t pay more tax than needed, and you don’t pay penalties either.
My second key advice is not to hesitate to seek professional help when needed. If the business is not in the “tax advisory” sphere itself, engaging a qualified tax advisor can be extremely valuable.
Lastly, founders should focus on good governance and record-keeping as a cornerstone of tax efficiency.
How do Economic Substance Regulations (ESR) apply to startups, and what should founders be aware of when engaging in relevant activities?
Cabinet Decision No. 57 of 2020 stated that UAE-licensed businesses needed to comply with ESR for financial years starting on or after 1 January 2019. This was subsequently amended by Cabinet Decision No. 98 of 2024, which provides that ESR no longer apply to any financial year ending after 31 December 2022. This means that for a new startup launched now (in 2025 or later), ESR compliance obligations are not relevant. However, certain requirements have been embedded in provisions of the UAE CT law. A notable example is the need for sufficient economic substance in a UAE Free Zone if a company wants to take the Free Zone tax relief.
Many startups operate in Free Zones to benefit from tax incentives. How does the new corporate tax law affect Free Zone startups, and what conditions must they meet to retain their 0% rate?
Free Zone companies are taxable persons but may benefit from a 0% rate if classified as QFZPs. To qualify, they must fulfill all of the following conditions:
- Be incorporated in a Free Zone
- Maintain adequate substance
- Earn Qualifying Income
- Comply with the de minimis rule
- Comply with the arm’s-length principle for transactions with Related Parties and Connected Persons, including documentation
- Prepare and maintain audited financial statements
- Not elect to be taxed at 9%
For startups considering whether to incorporate in a Free Zone or on the Mainland, what are the key tax differences they should factor into their decision-making?
There is no one-size-fits-all answer. Each startup should closely examine its business model, target market, and growth plans in light of these tax differences. Sometimes a relief or incentive that looks good initially (e.g., Free Zone 0% or a specific deduction) might have adverse implications later if circumstances change. Founders should scenario-plan: “If we hit X revenue or pivot to do Y activity, will this structure still be optimal?” It may be beneficial to consult a tax advisor to run the numbers for both scenarios over a projected timeline. In summary, Mainland vs. Free Zone involves a trade-off between guaranteed but moderate taxation and simplicity (Mainland) versus potential 0% taxation with conditions (Free Zone).
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