UAE residency 183 days - what's reality?

[JackAlabama]

rb91134 said:
We seem to be going around in circles here, so this is going to my last message to you on this topic. There were already several officially declared exceptions to the 180 day rule (foreigner wife of an Emirati citizen, domestic helpers accompanying Emiratis having a scholarship for study abroad, etc.). These were exceptions which the UAE government had officially declared would apply EVEN IF those individuals' visa stamps had the 180 day rule written on it.

The UAE government, according to the gulftoday article, recently announced 5 additional official exceptions, one of which is the investor visa exception.

Therefore, IF the gulftoday article is correct, then it's no longer a case of non-enforcement of a rule - it's a situation where the rule itself has officially changed for investor visas EVEN IF their visas have the 180 day rule written on it.

So IS the gulftoday article correct? You claim that it isn't entirely correct but you've provided no evidence for your claim.
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Sorry but @Fred did provide ample and easy claim. It is written at the bottom of your pink visa sticker, easy to inspect and understand.

In the worst case, just do the visa again. Its anyway valid only for 2 years now (unless you have these new fancy onces), so you can fit some free time in between the renewals. 😉

 

[yoyodubai]

Can someone clarify 90 vs 183 day tax residency definition?

Am I correct to assume that if you:

- hold a valid UAE residence permit
- have a permanent place of residence (ejari)
- have a company in the UAE (place of business)

then you only need to be in the UAE for 90 days in a calendar year in order to be deemed a tax resident in the UAE? And to be on the safe side, stay less than 183 days in another country so you won't be deemed a tax resident there.

For reference, my visa which i got last year says 180 days...

 

[Fred]

yoyodubai said:
Can someone clarify 90 vs 183 day tax residency definition?

Am I correct to assume that if you:

- hold a valid UAE residence permit
- have a permanent place of residence (ejari)
- have a company in the UAE (place of business)

then you only need to be in the UAE for 90 days in a calendar year in order to be deemed a tax resident in the UAE? And to be on the safe side, stay less than 183 days in another country so you won't be deemed a tax resident there.

For reference, my visa which i got last year says 180 days...
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The Visa you got last year says that it becomes invalid when the owner resides longer then 180 days outside the UAE - you have a logical thinking mistake here.

Beside that your earlier assumption is 100% correct!

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[yoyodubai]

Fred said:
The Visa you got last year says that it becomes invalid when the owner resides longer then 180 days outside the UAE - you have a logical thinking mistake here.

Beside that your earlier assumption is 100% correct!
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Gotcha, I think.

Sorry for being thick, but doesn't the new tax residency rules supersede the 180 days in the visa? Or is it only visas that are issued now that have the 90 days?

My FZCO sponsors my visa and it's valid for 3 years.

 

[Fred]

yoyodubai said:
Gotcha, I think.

Sorry for being thick, but doesn't the new tax residency rules supersede the 180 days in the visa? Or is it only visas that are issued now that have the 90 days?

My FZCO sponsors my visa and it's valid for 3 years.
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You mix things up - Tax Residence is spending 90 days in Dubai and keeping Residence Visa active is being in Dubai every 180 days.

I know that's confusing but that's because of the several ways you can utilise the Dubai Residence.

While we see that most people utilise the Dubai Company with Dubai Residence Visa to have there Business and Finance Center in the UAE while living in south east asia, south america or travelling through Europe - the only thing they need to take care about is to be every 180 days for 1 day in the UAE - they either don't spend anywhere much time to establish a Tax Residence or they are Tax Resident in a Country without CFC rules or beneficial CFC rules.

Then we see the people who actually just want to avoid any headach or challenges from whoever and this people living there 3 Months in Dubai to establish there Tax Residence in the UAE - they just need to make sure to not stay in any other country longer then 6 months and they are good to go.

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[yoyodubai]

Fred said:
You mix things up - Tax Residence is spending 90 days in Dubai and keeping Residence Visa active is being in Dubai every 180 days.

I know that's confusing but that's because of the several ways you can utilise the Dubai Residence.

While we see that most people utilise the Dubai Company with Dubai Residence Visa to have there Business and Finance Center in the UAE while living in south east asia, south america or travelling through Europe - the only thing they need to take care about is to be every 180 days for 1 day in the UAE - they either don't spend anywhere much time to establish a Tax Residence or they are Tax Resident in a Country without CFC rules or beneficial CFC rules.

Then we see the people who actually just want to avoid any headach or challenges from whoever and this people living there 3 Months in Dubai to establish there Tax Residence in the UAE - they just need to make sure to not stay in any other country longer then 6 months and they are good to go.
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Thanks for clarifying. That makes perfect sense.

 

[bigbite100]

Since you have to come every 180 days, how long is it necessary to stay?

1) Will a transit be enough?
2) Will it be enough to come on the one day and leave on the same day?
3) Will it be enough to come and leave between 2 calendar days? (Come monday 22.00 , leave tuesday 06.00 morning

 

[Houdini]

Fred said:
The Visa you got last year says that it becomes invalid when the owner resides longer then 180 days outside the UAE - you have a logical thinking mistake here.

Beside that your earlier assumption is 100% correct!
Click to expand...

Thank you for clarification!

 

[toums]

yoyodubai said:
Can someone clarify 90 vs 183 day tax residency definition?

Am I correct to assume that if you:

- hold a valid UAE residence permit
- have a permanent place of residence (ejari)
- have a company in the UAE (place of business)

then you only need to be in the UAE for 90 days in a calendar year in order to be deemed a tax resident in the UAE? And to be on the safe side, stay less than 183 days in another country so you won't be deemed a tax resident there.

For reference, my visa which i got last year says 180 days...
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Is it working as a freelancer too instead to have a company? It's permanent place registered + company/freelance or : permanent place registered OR company/freelance.

Thanks

 

[toums]

Fred said:
The Visa you got last year says that it becomes invalid when the owner resides longer then 180 days outside the UAE - you have a logical thinking mistake here.

Beside that your earlier assumption is 100% correct!
Click to expand...

Hello @Fred , I just have 2 quick questions :

a) Is it 100% sure that by staying in UAE at least 90days per year, as foreign resident (with freelance visa for exemple), EJARI and 1 bank account in UAE you can get the TRC in UAE ? I asked at 2 differents emirati-french (doing set-up business, residency-visa etc..) and they told me this 90days apply only for GCC citizens. For foreigners still 183 days. Sent to them PWC, E&Y cabinet links where I read it was possible, but they told me they just bad translated the arabic tax law.. Can you confirm or infirm (and have any official arabic link about it?), because seem bit confused.

b) I just noticed you talked a lot about employment visa is better than the investor visa. Can you develop a bit why, and if it's possible to take with a freezone, mainland or as a freelancer.

Thank you in advance for your expertise.

best

 

[troubled soul]

toums said:
Hello @Fred , I just have 2 quick questions :

a) Is it 100% sure that by staying in UAE at least 90days per year, as foreign resident (with freelance visa for exemple), EJARI and 1 bank account in UAE you can get the TRC in UAE ? I asked at 2 differents emirati-french (doing set-up business, residency-visa etc..) and they told me this 90days apply only for GCC citizens. For foreigners still 183 days. Sent to them PWC, E&Y cabinet links where I read it was possible, but they told me they just bad translated the arabic tax law.. Can you confirm or infirm (and have any official arabic link about it?), because seem bit confused.

b) I just noticed you talked a lot about employment visa is better than the investor visa. Can you develop a bit why, and if it's possible to take with a freezone, mainland or as a freelancer.

Thank you in advance for your expertise.

best
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A)
Yes, it is 100% sure that by staying in the UAE for at least 90 days per year, as a foreign resident with a freelance visa, EJARI, and 1 bank account in the UAE, you can get the TRC in the UAE. The 90-day rule applies to all foreign residents, including GCC citizens.

Here is an official Arabic link that confirms this:

https://tax.gov.ae/FTATacsoft5Cms/D.../TRCFTAApplicant User ManualENG v 0213006.pdf
B)Employment visa holders are more likely to be able to open a bank account in the UAE than investor visa holders. This is because banks are more familiar with employment visa holders and their financial situation.

 

[toums]

azb1 said:
A)
Yes, it is 100% sure that by staying in the UAE for at least 90 days per year, as a foreign resident with a freelance visa, EJARI, and 1 bank account in the UAE, you can get the TRC in the UAE. The 90-day rule applies to all foreign residents, including GCC citizens.

Here is an official Arabic link that confirms this:

https://tax.gov.ae/FTATacsoft5Cms/D.../TRCFTAApplicant User ManualENG v 0213006.pdf
B)Employment visa holders are more likely to be able to open a bank account in the UAE than investor visa holders. This is because banks are more familiar with employment visa holders and their financial situation.
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a) @azb1 , are you sure for your link ? Because it's a 2021 PDF document (written on the first page), and they don't talk at all about the 90 days. Point 3.2 : "Natural personsThe applicant must have been a resident of the UAE for at least 180 days. Also an annual leaseagreement officially documented by the competent authorities, such as EJARI in Dubai,municipalities in other Emirates and free zone authorities must be attached to the application."

Maybe you sent me the wrong link ?

b) To get the Employment visa, is it possible to get as freelancer or with opening a FZ company?

Thanks

 

[manukahoney]

https://tax.gov.ae/Datafolder/Files...inet Decision 85 of 2022 - For publishing.pdf

 

[EliasIT]

manukahoney said:
https://tax.gov.ae/Datafolder/Files...inet Decision 85 of 2022 - For publishing.pdf
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at least it is from 2022, it may require contact to the government or ambassy to get true information here.

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[SasuT]

Hi,
I don't have any EJARI because I rent airbnbs (1 airbnb/month, 6 months per year).

I will not be able to ask for TRC ?

 

[mgs999999999]

SasuT said:
Hi,
I don't have any EJARI because I rent airbnbs (1 airbnb/month, 6 months per year).

I will not be able to ask for TRC ?
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Did you get it?

 

[manukahoney]

SasuT said:
I don't have any EJARI because I rent airbnbs (1 airbnb/month, 6 months per year).

I will not be able to ask for TRC ?
Click to expand...

Not an expert, but generally speaking - no, airbnb is not a place of residence.