REALWorld Law

How can investment in real estate by an individual/organization/company be set up?

There are currently no such taxes charged in Dubai.

Last modified 3 Apr 2023

How can investment in real estate by an individual/organization/company be set up?

The United Arab Emirates introduced a VAT regime on 1 January 2018. From 1 January 2018, the sale of real estate by businesses which are registered for VAT will be subject to the following VAT rates:

• The sale of commercial property (whether new or existing) – 5% (standard rated)
• The first sale of residential property (within 3 years of completion) – 0% (zero rated)
• The subsequent sale of existing residential property – exempt (no VAT)
• The sale of bare land – exempt (no VAT)

A special payment procedure may be applicable with the sale of certain commercial real estate by any supplier other than the developer of the property. If this procedure is applicable, the buyer of the real estate must pay the VAT directly to the Federal Tax Authorities (FTA) instead of to the supplier.

Once the payment of the VAT has been made to the FTA, the buyer will receive a Payment Transaction Number. The buyer will be required to produce the Payment Transaction Number to the Land Department in order to process the ownership transfer of the commercial real estate.

In the case of investment properties, the transaction may be treated as the ‘transfer of a going concern’ which does not attract VAT. The conditions for obtaining this treatment could be complex and require appropriate legal analysis.

Whether VAT can be recovered by the buyer will generally depend on the use of the property. If the buyer is using the property to generate taxable supplies (eg charging VAT on rents) then generally the VAT can be recovered. However, the buyer should take advice as change of use of the property could give rise to adjustments. If the VAT paid exceeds the VAT for which the buyer has to account for there may be a delay before it can recover the VAT.

Last modified 3 Apr 2023

How can investment in real estate by an individual/organization/company be set up?

Such fees could include:

• Sale and purchase registration fees: a fee of 4% of the purchase price applies to the registration of a purchase/transfer of land. The buyer and seller are required to share such 4 percent fee equally. Often, the parties agree otherwise, with the buyer paying the full 4 percent fee to the Dubai Land Department (DLD)
• Mortgage registration fees: 0.25% of the mortgage value up to a maximum of AED 1,500,000 is payable to the DLD
• Long-term lease contract: 4% of the total value of the rent contract is payable to the DLD
• Usufruct: 4% of the total property value is payable to the DLD
• Musataha: (a right to use and exploit land belonging to another person, along with the right to build on that land); 1% of the musataha contract value is payable to the DLD
  
  Note that the fees payable to the DLD are subject to amendment at any time and care should be taken at the start of a transaction to confirm what fees will be payable and how such fees will be
• Agents' fees, as per their terms of business
• Surveyors' fees for carrying out due diligence
• Lawyers' fees for carrying out legal due diligence and drafting/negotiating the relevant documents; and
• Utilities (connection fees and associated costs)

Last modified 3 Apr 2023

How can investment in real estate by an individual/organization/company be set up?

None, unless the property is being used for holiday/short term lettings.

Properties being leased out as holiday homes (ie on a short term basis) attract payment of the ‘Tourism Dirham’ pursuant to Executive Council Decision No.2/2014. This is payable to the Department of Tourism and Commerce Marketing. The current charge that arises per night is AED15 for a property classified as a ‘luxury vacation home’ and AED10 for a property classified as a ‘touristic vacation home’.

Last modified 3 Apr 2023

How can investment in real estate by an individual/organization/company be set up?

For residential properties (whether the tenant is a corporate vehicle or a natural person), a 'housing fee' is payable to Dubai Municipality each month. This is calculated as 0.5 percent of the purchase price (in the event the occupier is the owner) or 5 percent of the annual rent for tenants. The housing fee is not payable by nationals of the United Arab Emirates.

Owners of commercial property do not pay an equivalent fee but tenants of commercial property with a trade licence from the Dubai Economic Department (DED) have to pay 10 percent of their annual rent to the DED each year when they renew their trade licence.

Tenants also need to register their tenancy contract at the Real Estate Regulatory Agency (RERA). The fee to register a lease through RERA's online portal "EJARI" is AED 160 but if a lessee registers through an authorized DLD typing centre, an additional AED 35 is payable.

Last modified 3 Apr 2023

How can investment in real estate by an individual/organization/company be set up?

Rental income.

Last modified 3 Apr 2023

How can investment in real estate by an individual/organization/company be set up?

Strictly speaking, all companies in the UAE are required to pay corporation tax on their earnings of up to 55%. However, in practice, the enforcement of corporation tax legislation has been restricted to enforcement against:

• branches of foreign banks; and
• oil, gas and petrochemical companies.

The enforcement practice may change at any time and corporate tax could be enforced, potentially even retroactively, on a larger population of corporate entities. Companies established in one of the Emirate level instated free zones could enjoy a temporary exemption from corporate tax, granted by the relevant free zone authority.

The UAE Ministry of Finance have announced the introduction of a federal corporate income tax for financial years commencing on, or after, 1 June 2023. The standard tax rate will be 9% and the first AED 375,000 of taxable income will be subject to a 0% rate. Under the new corporate income tax regime, it is expected that individuals and businesses which operate and exploit real estate as an active business enterprise will be subject to the new tax, whereas individuals who generate passive real estate income may be exempt. It is expected that further clarification will be provided regarding the taxation of real estate income under the new regime through separate cabinet decisions.

Last modified 3 Apr 2023

How can investment in real estate by an individual/organization/company be set up?

No.

Last modified 3 Apr 2023

How can investment in real estate by an individual/organization/company be set up?

The fees of agents, lawyers and other professional advisors are likely to be payable in connection with the on-going management of the relevant property.

Last modified 3 Apr 2023

How can investment in real estate by an individual/organization/company be set up?

No.

Last modified 3 Apr 2023

How can investment in real estate by an individual/organization/company be set up?

There are no such applicable taxes but registration fees payable to the Dubai Land Department will be payable in order to register the transfer. These amount to 4 percent of the purchase price, which is to be split equally between the buyer and the seller unless agreed otherwise.

Last modified 3 Apr 2023

How can investment in real estate by an individual/organization/company be set up?

Usually an agent or broker is used to find a buyer and their fees normally amount to a percentage of the sale price agreed with payment of such fees being conditional upon the sale completing. Lawyers' fees will vary, and there may be a need to notarize documents, execute a power of attorney etc., for which notary fees will be payable.

If the property is subject to a mortgage, there is likely to be an early redemption fee to be paid by the seller.

If the interest being sold is a long leasehold, usufruct or musataha (a right to use and exploit land belonging to another person, along with the right to build on that land), the freehold owner's consent is most likely required in order to effect the sale and a fee may be payable in order to obtain this.

Last modified 3 Apr 2023