TBA & Associates

United Arab Emirates
Offshore incorporation services

Incorporating in Dubai

There are ample opportunities for doing business in the UAE. Benefiting from its political stability in a tumultuous region, the United Arab Emirates (UAE) has shown a certain resilience with regards to the falling oil prices. Economic growth reached a healthy 3% of GDP in 2015, even if this represents a decline compared to the 2014 rate. However, the situation of each Emirate is very different. The country’s GDP is dominated by the economic strength of Abu Dhabi (60%), especially its hydrocarbon production and majority control of all savings management. Dubai contributes a quarter of the country’s GDP and functions as the commercial platform of the Emirates, especially with its well developed port and airport infrastructure. Economic growth of the UAE is expected to accelerate slightly throughout 2016. In the long term, the country’s economy should receive an additional boost from its hosting of the World Expo 2020.
Although a significant proportion of that increase was due to higher oil prices, government encouraged industrial diversification is also contributing to continuing economic prosperity. A signatory of the General Agreement on Tariffs and Trade, the UAE supports a liberal economy and is committed to free trade. The UAE currency is secure and freely convertible. There are no restrictions on profit transfer or capital repatriation. Import duties are low and in the case of foodstuffs, medicine, agricultural products, and items imported for use in the free zones are non-existent. Labor costs are competitive and corporate tax and personal taxes are nil. In addition every effort is being made to reduce the paperwork involved in establishing a business in the UAE. These factors combined with a strategic, accessible location, an excellent reliable infrastructure and an extremely pleasant and safe working environment bode well for future investment.

Dubai offshore vs. RAK offshore

Offshore financial centres in the UAE

The United Arab Emirates (UAE) has become an attractive option in which to conduct business, due to the Free Economic Zones that offer a number of advantages to individuals and companies seeking confidential and tax-free opportunities.

In the UAE, there are two offshore jurisdictions:

  • Ras Al Khaimah, commonly referred to as RAK offshore, under the jurisdiction of Ras Al Khaimah Investment Authority (RAKIA).
  • Dubai offshore, under the supervision of the Jebel Ali Free Zone Authority (JAFZA).

Thirty-eight Free Zones are offered by the seven Emirates in the UAE, with twenty-two in Dubai alone. Each zone is managed by a Free Trade Zone Authority that caters to a diverse range of business sectors and activities.

Ras Al Khaimah Investment Authority (RAKIA)

Ras Al Khaimah Investment Authority (RAKIA) is the governing body of the offshore financial center, RAK Offshore, which was established as a free zone in 2006 and, since then, has been the primary destination for foreign investors, companies and individuals, due to its ease of incorporation, low costs and flexibility.

The jurisdiction, in its first year of operation, attracted more than 2,000 International Business Companies providing specialized financial services such as asset protection and real estate holding. In just under a decade, RAK has captured the offshore company formation market both in Dubai and in UAE due its flexible regulations and attractive opportunities.

Jebel Ali Free Zone Authority (JAFZA) – Dubai offshore company

Jebel Ali Free Zone Authority (JAFZA) was one of the first free zones in the UAE, formed in 1985 and built around the Jebel Ali Port, just miles from Dubai. It was established as a means to encourage trade, economic growth, foreign direct investment (FDI), and to entice doing business in Dubai, by providing investors with a jurisdiction that might bypass some of the red tape often involved with international trade and financial services.

Dubai Offshore Company was later enacted under JAFZA in 2003, creating a secure offshore environment for investors, giving confidentiality and discretion to international business operations. Since then, JAFZA has been primary in the growth of Dubai as a regional business center, due to its expansive free economic zone that has attracted a range of business activities.

Common advantages

Both offshore jurisdictions upon first glance appear to offer many of the same services, giving customers many of the same advantages such as:

Reduced tax liability

Few reporting requirements
Minimum capital requirements
Absence of public register
Stringent confidential policies

Main differences

However, there are several fundamental differences. For instance, in order to incorporate through JAFZA in Dubai, the director must sign the company formation documents in person, while in RAK one may do so remotely. RAK also has more flexible regulations, which only requires one Director (instead of two), allows corporate directorship and is far less expensive.

While JAFZA has been around a lot longer and has more of an established reputation, RAK has quickly dominated the offshore company formation sector in the UAE. RAK Offshore has captured the market so much that queries related to offshore company formation in Dubai often lead one to RAK offshore formation services. This commonly-misleading information is due to the dominance of RAK IBCs within the offshore financial sector in the Middle East.

In fact, there are only several such companies that currently offer JAFZA offshore services, as most openly prefer RAK as the premier destination in the UAE. Similarly, and somewhat confusingly, many such companies offer exclusive RAK offshore services under the guise of being Dubai offshore services, even though JAFZA is the controlling offshore authority in Dubai and RAK is a completely separate jurisdiction.

RAK is clearly the jurisdiction for international offshore services both in Dubai and the UAE. RAK is rapidly becoming the top choice in the offshore formation market.

Advantages to incorporate in UAE

Advantageous geographical location creates unique opportunities for incorporation of commercial and industrial companies in the United Arab Emirates. Since the UAE is located between Asia and Europe, the distance from the UAE to the major cities of the world is practically the same. It is very easy to organize and adjust the supply of products to various countries by air or sea transport from the Emirates.

A significant advantage of incorporating in Dubai is presence in the country of offices of large global banks. The absence of restrictions on profit remittance, foreign exchange transactions and capital movements make the UAE one of the safest countries for investors.

Another aspect in favour of incorporation of business in the UAE is stable currency: Dirham exchange rate has not changed since 1982, as the rate of dirham is tied to the exchange rate of dollar.

Other advantages:

It is not a traditional tax haven. The United Arab Emirates is a ‘real’ country with a ‘real economy’ and today it is one of the fastest growing countries in the world with one of the highest standards of living.

UAE is not a member of the Organization for Economic Cooperation and Development (OECD) thus there is no exchange of information.
UAE is not on the OECD ‘blacklist’ of tax havens (nor the FATF blacklist).
UAE is not a member of the EU, and is not subject to EU regulations.
Physical presence in the UAE is not required for offshore company incorporation.
Incorporation of an offshore company takes 24 hours.
100% income tax exemption; 100% corporate tax exemption; 100% capital and profit repatriation.
No capital gains tax: no VAT (value added tax); no withholding tax.
It may maintain bank accounts and deposits in the UAE or worldwide.
It is not obliged to maintain its books and records or provide reports on its activities.
It may hold shares in other UAE and companies worldwide.

Privacy.

Dubai offshore company directors’ and shareholders’ information is not public.

Limitations of UAE offshore company

  • It may not carry out business within the UAE.
  • It may not obtain UAE Residency Visa.

Possible use of UAE offshore company

Activities held outside UAE
  • General Trading
  • Consulting and Advisory Services
  • Holding Company
  • Property Owning
  • International services
  • Professional Services
  • Shipping and ship management companies
Activities held inside UAE
  • Holding Assets
  • Invoicing
  • Holding Bank Account
  • Property Owning (Freehold Areas)
The United Arab Emirates is the most attractive country for incorporating a company for doing business within the country and abroad. Apart from unique tax advantages the UAE is an attractive place for business due to its favorable geographical location, and stable economic and political situation.

The United Arab Emirates is one of the world’s largest centers for doing local, regional and international business. This country provides great opportunities for doing business in the areas of production, trade, logistics and any other business activities.

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Disclaimer: While TBA & Associates strives to make the information on this website as timely and accurate as possible, the information itself is for reference purposes only. You should not substitute the information provided in this article for competent legal advice. Feel free to contact TBA Customer Services for advice on your specific cases.

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