June 2023 – conseil-avocate

WHAT ARE THE CONSEQUENCES BY INTRODUCING A CORPORATE TAX IN THE UNITED ARAB EMIRATES?

June 9, 2023July 19, 2023Admin

By introducing a corporate tax, the United Arab Emirates (UAE)/Dubai reaffirmed its commitment to international standards of tax transparency and the prevention of harmful tax practices.

This corporate tax, which came into force on June 1, 2023, is governed by Federal Decree-Law No. 47 of 2022 on the Taxation of Corporations and Businesses (https://mof.gov.ae/wp-content/uploads/2022/12/Federal-Decree-Law-No.-47-of-2022-EN.pdf), (“Federal Decree-Law No. 47 of 2022“).

Taxable companies will now have to register for corporate tax (https://tax.gov.ae/en/services/corporate.tax.registration.aspx) and obtain a corporate tax registration number from the Federal Tax Authority, which is the competent authority for corporate tax matters.

The corporate tax return must be filed for each tax period within 9 months of the end of the tax period.

As regards the rate applicable to this new tax, taxable income over 375,000 AED will be taxed at a rate of 9%, while income below this threshold will be taxed at a rate of 0% (Article 3 of the law).

On reading this Federal Decree-Law No. 47 of 2022 (1.), we understand that its scope is quite wide without being absolute, which will have the effect of subjecting a certain number of people to the tax (1.a), while providing for exemptions under some conditions (1.b).

Furthermore, although taxable income (2.) is numerous, due to the duality of the criteria for determining such income(2.a), Federal Decree-Law No. 47 of 2022 provides for the deductibility of some expenses, which will have the effect of reducing taxation (2.b).

1.Scope of application of Federal Decree-law No. 47 of 2022

Although the law applies to a wide range of individuals and companies (has), its scope is not absolute, as exemptions are provided (b).

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SARL I SCI I LMNP

June 8, 2023July 19, 2023Admin

When you become the owner of a property in France, and even more so when you're not a French tax resident, sooner or later you're faced with the question of taxation and inheritance. This raises the question of choosing the appropriate structure to manage the rental property as a family, and there are several options, depending on the inheritance/tax angle you wish to pursue.

The choice of one option over another will depend on the objective pursued.

What are the purposes and conditions of each structure?

LMNP (non-professional furnished rental) let you earn additional income from real estate in a non-professional capacity.

To qualify for LMNP status, the property must be furnished, and the income generated must not exceed 23,000 euros per year, nor represent more than 50% of total income (unless you are a non-resident).

The family SARL allows you to make a profit while benefiting from lower taxes. This structure is particularly recommended if the financial risk is high, as the liability of the partners is limited to the amount of their contribution (the family SARL is first and foremost an SARL).

In addition to meeting the same requirements as a conventional SARL, it must be made up of partners who are directly related or collaterally related up to the second degree, or by marriage.

Finally, the family SCI is recommended for the purpose of preserving and passing on assets from generation to generation.

The company's corporate purpose must be real estate (as with traditional SCIs), and it must be made up of family members up to the fourth degree.

Let's take a step-by-step look at the conditions, advantages, and disadvantages of these different structures, which at first glance appear similar but in reality have many differences.

What are the main advantages of these structures?

– FROM A TAX PERSPECTIVE

Choice of taxation method

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WHAT ARE THE CONSEQUENCES OF INTRODUCING A CORPORATE TAX IN THE UNITED ARAB EMIRATES?

June 6, 2023July 19, 2023Admin

By introducing a corporate tax, the United Arab Emirates (UAE) wanted in particular to reaffirm its commitment to respecting international standards in terms of tax transparency and the prevention of harmful tax practices.

This corporate tax, which came into effect on June 1, 2023, is governed by the Federal Decree-Law No. 47 of 2022 on the Taxation of Corporations and Businesses (https://mof.gov.ae/wp-content/uploads/2022/12/Federal-Decree-Law-No.-47-of-2022-EN.pdf).

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HOW TO BECOME A STUDENT IN CANADA?

June 5, 2023June 19, 2023Admin

Canada is one of the most sought-after countries for immigration, for several reasons: universal health, employment opportunities, cultural and religious diversity.

In addition, Canada is internationally recognized for its high-quality education system and welcomes many international students every year. However, to study in Canada, it is essential to obtain a study permit. The purpose of this article is to provide an overview of the step-by-step procedure to obtain a study permit in Canada and to become a student in Canada, taking into account the specificities concerning Quebec and briefly explaining how the Canadian educational system works.

We will first briefly present the Canadian study system in order to have a better understanding of the different procedures (I).

Then, we will approach the procedure to follow concerning the study permit at the federal level outside Quebec (II).

Finally, we will explain the specific procedures to follow to obtain a study permit in the province of Quebec (III).

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FOCUS ON THE TAX TREATY BETWEEN FRANCE & THE EMIRATES – ITS IMPACT ON INDIVIDUAL UAE RESIDENTS

June 5, 2023July 24, 2023Admin

The taxation agreement between the French government and the Government of the United Arab Emirates was signed on July 19, 1989 and was amended in 1993 to include today also a multilateral treaty to prevent base erosion since the entry into force on January 1, 2019 (the “Convention”).

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FOCUS ON THE TAX CONVENTION BETWEEN FRANCE AND THE EMIRATES – ITS IMPACTS FOR INDIVIDUALS RESIDENT IN THE UAE

June 5, 2023June 13, 2023Admin

The tax treaty for the avoidance of double taxation between the French government and the government of the United Arab Emirates was signed on July 19, 1989 and was amended in 1993 to now also include a multilateral convention to prevent base erosion and profit shifting since the entry into force 1^er January 2019 (the " Convention ").

The objectives of this Convention are multiple.

First, both countries wish to promote their economic relations and cooperation in tax matters.

Furthermore, they wish to eliminate double taxation with respect to certain taxes expressly covered by the Convention^[1].

However, the Convention has provided a safeguard: the scheme or strategies put in place by taxpayers, whether individuals or legal entities, must not have the sole and exclusive aim of obtaining tax relief provided for by the Convention.

The French and Emirati taxes covered by the Convention are limited to^[2] :

– income tax including in the case of real estate sales;

– tax on companies registered in France or the UAE;

– the solidarity tax on real estate assets; and

– inheritance tax.

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FOCUS ON THE TAX TREATY BETWEEN FRANCE AND CANADA & ITS IMPACTS FOR FRENCH INDIVIDUALS RESIDING IN CANADA

June 4, 2023June 19, 2023Admin

The Tax Convention for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income between the Government of France and the Government of Canada was signed on 2 May 1975 and amended in 1987, 1995 and 2010 (the "Convention"). [1]

The objectives of this Convention are manifold. First, the two countries want to promote their economic relations and cooperation in tax matters. In addition, they wish to eliminate double taxation in respect of certain taxes expressly covered by the Convention.

However, the Convention has provided a safeguard: the set-up or strategies put in place by taxpayers, whether natural or legal persons, must not have the sole purpose of obtaining tax relief provided for by the Convention.

The French and Canadian taxes concerned by the Convention are limited to:

income tax, including in the case of a sale of immovable property;
corporate tax registered in France or Canada; and
tax on transfer duties free of charge (only in the case of France).

This article will help you better understand the tax impacts of your income between the two countries if you are an individual. If you are a company, we have also written an article to guide you.

FOCUS ON THE TAX CONVENTION BETWEEN FRANCE AND CANADA & ITS IMPACTS FOR FRENCH INDIVIDUALS RESIDING IN CANADA

June 4, 2023June 19, 2023Admin

The tax convention for the avoidance of double taxation and the prevention of tax evasion with respect to income taxes between the French government and the Canadian government was signed on May 2, 1975 and was amended in 1987, 1995 and 2010 (the " Convention ”) [1].

The objectives of this Convention are multiple. First, the two countries wish to promote their economic relations and cooperation in tax matters. Furthermore, they wish to eliminate double taxation with respect to certain taxes expressly covered by the Convention.

The French and Canadian taxes covered by the Convention are limited to:

income tax including in the case of real estate sales;
tax on companies registered in France or Canada; and
tax on gift tax (only for France).

This article will help you better understand the tax implications of your income between the two countries if you are an individual. If you are a business, we have also written an article to guide you.

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