UAE & Switzerland – Double Taxation Agreement

Overview

UAE has signed Double Taxation Agreement with several countries and Switzerland is one among them. On October 6th, 2011, Switzerland and the United Arab Emirates (UAE) signed an agreement in Dubai to avoid double taxation on income taxes (DTA). The DTA applies to all companies that are residents of either or both contracting states and covers both current and future taxes imposed on companies’ income. In this article let’s dive deep to understand how Switzerland’s tax system operates concerning business profits, dividends, royalties, and more.

Taxes Covered in UAE & Switzerland – DTA’s Preview

In Switzerland, the official agreement between countries covers various types of taxes like income, taxes on profits, capital gains, and other types of taxes related to a person’s or company’s income. While in the UAE, the agreement only covers taxes related to income and corporate tax.

The Agreement also applies to any new taxes introduced after it was signed, whether they are added to existing taxes or replaced them. However, it does not cover taxes taken directly from winnings (like lottery prizes) or taxes that are withheld at the source. For example, taxes are deducted from wages before the person receives their salary. Here are a few tax agreements based on – business profits, dividends, interests, and immovable property.

DTAs For Business Profits

Business profits are generally taxed in the state of residence unless an entrepreneur has a permanent establishment in the source state, such as a branch, office, or factory. Companies can deduct expenses related to their permanent establishment, including administrative costs, when filing tax returns. According to a protocol amendment on November 5th, 2022, business profits of permanent establishments cannot be adjusted after five years unless there is abuse. Regarding associated enterprises, profits from one enterprise are included in the profits of another associated enterprise and taxed accordingly. If a UAE enterprise directly or indirectly participates in the management, control, or capital of a Swiss enterprise, or vice versa, the mutual profits are considered in taxation by both countries.

DTA’s For Dividends

When a Swiss company pays dividends (profits from shares) to a UAE company, those dividends might be taxed in both countries. Dividends usually mean income from shares, and if they are paid to a company holding at least 10% of the shares, the tax rate is lower (5%) compared to the regular rate (15%). To prevent double taxation, the agreement between the UAE and Switzerland ensures that dividends paid from a UAE company to a Swiss company get the same tax benefits as dividends paid within Switzerland. Also, any taxes paid on dividends in the UAE can be deducted from Swiss taxes, or the Swiss tax may be reduced or partially exempted.

DTA’s For Interests As Income

Interest is the income earned from loans or debts, which includes not just mortgage interest but also interest from government bonds, securities, and other financial instruments. If interest comes from one country but the recipient is a resident of another country, it can only be taxed in the recipient’s country. This means that interest paid by a Swiss company to a UAE company is only taxed in the UAE, and the same applies to interest paid by a UAE company to a Swiss company—it is only taxed in the UAE.

DTA’s For Immovable Property

Income from immovable property, like land, buildings, livestock, and equipment used in farming or forestry, can be taxed both in the country where the property is located (source state) and in the owner’s country of residence. This also includes rights to income from property or natural resources but excludes ships and aircraft. Gains from selling ships or aircraft are taxed where the business is managed. Additionally, gains from selling shares in companies whose assets mainly consist of immovable property in a country can also be taxed in that country.

Closing Considerations

Setting up a business or company in a country other than the parent company’s location is a significant task that goes beyond just the entrepreneurial side. As you move forward with the process, understanding taxation is crucial to avoid penalties and comply with the laws of both the parent and the host countries. Since Double Taxation Agreements vary from country to country, especially when dealing with the UAE, consult our experts at Arnifi for clear guidance and ongoing support on all aspects of your business. This way, you can focus on building and growing your business.

Also Read – Double Taxation Agreement Between UAE & Germany