Legal position stated as at August 2026
Company Formation in the UAE for Indian Entrepreneurs & Businesses
Set up your UAE company with India to UAE structuring, tax, substance, banking and compliance support
UAE corporate tax has applied since June 2023, the Domestic Minimum Top up Tax since January 2025, and Economic Substance Regulations were abolished for financial years from January 2023. Content published before those changes is unreliable.

01Why the UAE
The first overseas market for Indian business, and the most misread
More Indian businesses set up in the UAE than in any other overseas market. The reasons are real, and they still hold.

What has changedWhat has changed is the tax and substance position, and the gap between what people believe about Dubai and what the law now says is wider than in any other market we cover.
This page sets out what UAE law requires now, with the source behind each requirement, and it is explicit about the questions an Indian owner has to answer that a UAE only adviser will not raise.
One team for the whole UAE project
Comply Globally coordinates the whole project from one place. Get a structure first assessment before you pick a free zone.
- Mainland or free zone selection
- Licensing
- Corporate tax registration and QFZP analysis
- Banking
- Substance design
- FEMA and RBI compliance
- Ongoing filings
02Belief vs the law
What people believe about Dubai, and what the law now says
Four beliefs that still drive UAE decisions. Hover or tap each card to see the position in 2026.
Six dates behind the change
Any guide written before these dates is describing a different country.
- In force2020–21
100% foreign ownership on the mainland
For most activities, with a defined list of strategic activities where restrictions remain.
Mainland ownership reforms - In forceJun 2023
Corporate tax arrives
0% up to AED 375,000 and 9% above, for financial years beginning on or after 1 June 2023.
Federal Decree Law No. 47 of 2022 - AbolishedJan 2023
Economic Substance Regulations end
For financial years from 1 January 2023, with penalties for later periods waived and refunded.
Cabinet Decision No. 98 of 2024 - In forceJan 2025
Domestic Minimum Top up Tax
A 15% effective rate for groups in OECD Pillar Two scope, broadly EUR 750 million revenue or more.
Financial years from 1 January 2025 - UnsettledDec 2026
Small Business Relief end date
Legislated to end after 2026. An extension to 2029 was reported during 2026. Sources disagree.
Confirm before you rely on it - RevisedFY 26–27
Indian treaty claim forms
The Indian procedural filings for claiming treaty benefit were revised. Check them before a distribution.
India side, with a UAE TRC
03Start here
The UAE is no longer a zero tax jurisdiction
Federal Decree Law No. 47 of 2022 introduced corporate tax with effect from financial years beginning on or after 1 June 2023. The structure is straightforward; the misconceptions around it are not.
AED 375,000
0% on taxable income up to AED 375,000 and 9% on the excess. The AED 375,000 figure is a rate band, not an exemption.
Illustration for an ordinary UAE resident company, in AED. It ignores Small Business Relief, QFZP status and the top up tax.
On the EmaraTax portal, including free zone companies and including businesses that expect to pay nothing. Registration is not optional.
A fixed administrative penalty. The Federal Tax Authority has operated a waiver where the first return is filed within seven months of the end of the first tax period. Confirm whether that concession still applies to you.
Within nine months of the end of the financial year. For a 31 December 2025 year end that was 30 September 2026.
A UAE resident person with revenue at or below AED 3 million in the current and all previous tax periods may elect to be treated as having no taxable income. It must be elected on the return each period. It is not available to a Qualifying Free Zone Person, nor to a company in a group with consolidated revenue at or above AED 3.15 billion.
A Domestic Minimum Top up Tax produces a 15% effective rate for groups within the OECD Pillar Two scope, broadly consolidated revenue of EUR 750 million or more, for financial years from 1 January 2025.
A live uncertainty you should ask us about rather than read about.
Small Business Relief was legislated to end for tax periods ending after 31 December 2026. During 2026 it was reported that a ministerial decision extended it to tax periods ending on or before 31 December 2029. Sources published within months of each other say different things.
If your UAE plan depends on Small Business Relief beyond 2026, do not rely on a website, including this one. Confirm the current position with your UAE tax adviser or with us before you build a model on it.
04The first real decision
Mainland or free zone? The decision that shapes everything
This is the first real decision and the one most often made backwards: chosen on licence price and marketing rather than on where the customers are.
The customer test
Who is your customer, and where are they? Pick the answer closest to where most of your revenue will come from.
Selling to UAE customers, retail and most services delivered locally are what the mainland is for. A free zone company selling to UAE mainland customers has bought the wrong licence.
- Sell anywhere in the UAE, plus export
- 100% foreign ownership for most activities
- Physical premises with a tenancy contract
Government contracts sit on the mainland side of the line. Check your activity against the strategic list where ownership restrictions remain.
- Regulated by the emirate's economic department
- Visas linked to premises and activity
- Generally higher cost to establish and maintain
Export, regional trading and services delivered outside the UAE mainland suit a free zone. Choose the zone on activity fit, visa allocation, banking reputation and substance capacity, not the headline price.
- 100% foreign ownership, as always
- Access to the 0% regime, if you qualify
- Premises from a flexi desk to warehousing
The UAE is widely used to hold regional or global subsidiaries. It works when it is a genuine holding operation with decisions taken in the UAE, and fails when it is managed from India purely for the treaty rate.
- Board decisions taken and minuted in the UAE
- A decision maker resident in the UAE
- FEMA treatment settled before funding
Selling into the UAE mainland from a free zone generally needs a mainland distributor, agent or branch. That is the point that most often invalidates a free zone choice, so model the split before you buy either licence.
- Where most revenue will be earned
- Whether a mainland arrangement is needed
- The qualifying and non qualifying split
Including government contracts, plus export.
Foreign ownership has always been available.
The question that decides it is not cost. It is: who is your customer, and where are they?
A free zone company selling to UAE mainland customers has bought the wrong licence. That is the single most common structural error we are asked to unwind, and unwinding it means a second licence, a second set of costs and often a lost year.
05Free zone tax
The 0% free zone rate: what it actually requires
The most misunderstood element of the UAE regime, and the one most often sold as automatic.
A free zone company is not tax exempt. It is a taxable person that may achieve 0% on its Qualifying Income if it is a Qualifying Free Zone Person, which requires meeting all of the conditions below.
On these answers, the 0% rate is not available. The standard rates apply.
A self check, not a ruling. Every condition must hold for the whole period.
The penalty for getting this wrong is worse than most people realise
A Qualifying Free Zone Person with income that does not qualify is taxed at 0% on the qualifying part and 9% on the rest, with no AED 375,000 band. The small band that every ordinary UAE company enjoys is not available to a QFZP.
Small Business Relief
Revenue at or below AED 3 million in the current and all previous tax periods, elected on the return each period.
QFZP 0% on Qualifying Income
Every condition met, every year, with substance and transfer pricing records to prove it.
Mutually exclusive: you cannot have both
Small Business Relief cannot be combined with QFZP status. So a small free zone company choosing between them is making a real election, not ticking a box, and the right answer depends on its actual revenue and activity mix.
- Model the splitModel the qualifying and non qualifying split before you choose a zone and a licence activity.
- Build the substanceBuild the substance the conditions require rather than assuming a flexi desk satisfies them.
- Keep the recordsKeep the transfer pricing documentation from year one, because it is a condition of the regime rather than an afterthought.
06India side risk
The question a UAE only adviser will not ask you
This section exists because it is where Indian owned UAE structures actually fail, and because the adviser selling you the licence has no reason to raise it. Your UAE company is exposed on three fronts at once.
Corporate residence
A foreign company is resident in India if its place of effective management is in India. A Dubai company whose decisions are taken in Mumbai can be an Indian tax resident on its worldwide income.
Section 6(3), Income tax Act, 1961Residence article
The India–UAE treaty looks to incorporation and to management and control. A company incorporated in the UAE but managed from India may fail the treaty test independently of India's domestic POEM analysis, a stricter position than under many other treaties.
India–UAE double taxation agreementGAAR
India's General Anti Avoidance Rule can deny treaty benefits where an arrangement lacks commercial substance and was entered into mainly to obtain a tax benefit.
General Anti Avoidance RuleAny one of those three can undo the structure. All three ask a version of the same question: is this a real business in the UAE, or an address?
07Treaty and substance
The treaty rate depends on paperwork you must obtain in advance
Claiming the treaty rate on income flowing from India requires a Tax Residency Certificate issued by the UAE Federal Tax Authority, together with the Indian procedural filings and a beneficial ownership declaration.
- 01UAETax Residency CertificateIssued by the UAE Federal Tax Authority
- 02IndiaIndian procedural filingsRevised for FY 2026–27, so confirm the current forms
- 03IndiaBeneficial ownership declarationSupporting the claim to treaty benefit
- ResultTreaty rate on Indian source incomeInstead of the domestic non resident rate
Without a valid TRC, an Indian payer withholds at the full domestic non resident rate.
The certificate itself has conditions: broadly, physical presence in the UAE across a qualifying period, or a shorter presence combined with economic substance. Confirm the current requirements and the current Indian procedural forms before you plan a distribution, because the Indian filing requirements were revised for FY 2026–27.
Substance scorecard
What good substance looks like
Score your structure honestly. None of this is exotic and none of it is expensive relative to the exposure.

On these answers the company looks like an address, not a business.
It is simply the difference between a UAE company that survives scrutiny and one that does not, and it costs far less to build at the start than to reconstruct during an Indian assessment.
The UAE abolished its own substance rules, and that changed nothing for you.
The form went away. The requirement got more important.
Cabinet Decision No. 98 of 2024 ended Economic Substance Regulations obligations for financial years from 1 January 2023, with penalties for later periods waived and refunded. Any content still describing an annual ESR notification and report is out of date.
The ESR filing was never what protected an Indian owned structure. What protects it is real substance, tested by:
- India's POEM rule
- The treaty's residence test
- GAAR
- The QFZP substance condition
08Legal vehicles
Which legal structure?
Four vehicles, each right for a different job. Select one to see where it fits and where it breaks.
Mainland LLC
The standard vehicle for trading with UAE customers. Following the 2020–21 reforms, 100% foreign ownership is available for most activities, with restrictions retained for a defined list of strategic activities. Requires physical premises and a tenancy registration.
Free zone company
Incorporated under the rules of the chosen zone. 100% foreign ownership, straightforward visa allocation, and access to the QFZP 0% regime if the conditions are met. Cannot generally sell into the UAE mainland without a mainland arrangement.
Branch of the Indian company
Available on the mainland and in many free zones. The Indian company remains directly liable and the branch is a permanent establishment for UAE tax purposes. It suits a defined project where the Indian entity must contract directly; it is rarely the better long term choice.
Holding company
The UAE is widely used as a holding jurisdiction for regional or global subsidiaries. That works when it is a genuine holding operation with decisions taken in the UAE. It fails precisely where it is most tempting: a holding company managed from India, holding Indian linked assets, whose only purpose is the treaty rate.
09After the licence
VAT, registrations and ongoing compliance
VAT applies at a standard rate of 5%, with registration required once the mandatory threshold is crossed and voluntary registration available below it. Confirm the current thresholds when you register.
- EmaraTax registrationLate registration carries the fixed AED 10,000 penalty.At the start
- Corporate tax returnWithin nine months of the year end.Every year
- VAT at 5%Registration once the mandatory threshold is crossed.Above threshold
- Ultimate beneficial ownershipFilings with your licensing authority.Ongoing
- Anti money laundering registrationWhere your activity falls within the regulated categories.If regulated
- Licence and establishment cardRenewals.Renewal
- Visa and labour complianceFor staff.Ongoing
- Electronic invoicingBeing introduced on a phased basis. Confirm the timetable for your size and activity.Phased
- Form FC and UINAt the first remittance or commitment.Before funding
- Evidence of investmentTo the AD bank.6 months
- FLA returnRBI FLAIR portal.15 July
- Annual Performance ReportFor the UAE entity.31 December
- Schedule FAIn the return of income.Annually
The compliance load is lighter than Brazil or Bangladesh and heavier than the UAE's reputation suggests. The most common failure is not complexity but assumption: a company that believed registration did not apply to it, and discovered the AED 10,000 penalty afterwards.
Free downloadUAE + India compliance calendarEvery recurring obligation on both sides, with the legal basis and the due dates computed from your own financial year end, including the corporate tax registration and filing chain.Download the UAE + India compliance calendar10Cross border cash
Money in, money out
The UAE imposes no exchange controls and no withholding tax on dividends, interest or royalties paid to non residents. Money moves out cleanly.
Money in: your investment
India → UAEFor an Indian company investing into the UAE, the money going in is Overseas Direct Investment and carries its own filing chain.
Money out of the UAE
UAE → anywhereNo withholding tax on dividends, interest or royalties paid to non residents, and no exchange controls.
Income from India to the UAE company
Indian withholdingDividends from an Indian subsidiary, royalties, fees for technical services and interest suffer Indian withholding, reduced by the treaty only with a valid TRC.
The complication is on the India side, not the UAE side.
Where income flows from India to the UAE company, Indian withholding applies, reduced by the treaty only if you hold a valid TRC and complete the Indian procedural requirements.
Under the treaty as amended by the 2007 Protocol, dividends are subject to a flat rate; interest and royalties have their own caps. Confirm the current rates against the treaty text before planning a distribution, because published figures vary and the protocol changed the original tiered dividend structure.
11RBI and FEMA
India side FEMA and ODI compliance
India's outbound regime rests on the Foreign Exchange Management (Overseas Investment) Rules and Regulations, 2022, notified on 22 August 2022, with the Overseas Investment Directions, 2022, consolidated in RBI Master Direction No. 15/2024–25 dated 24 July 2024. Acquiring 10% or more of the UAE company, or any stake carrying control, is Overseas Direct Investment.
An Indian entity's total financial commitment to foreign entities is capped by reference to 400% of its net worth per the last audited balance sheet.
Per financial year under the Liberalised Remittance Scheme, which for many founder owned Dubai companies is the binding constraint.
Delayed filings can be regularised with a Late Submission Fee, but no further financial commitment to the same entity is permitted until they are.
Form FC through the AD bank, and allotment of a UIN
At the financial commitment or the first remittance, whichever is earlierWhy it bites in the UAE: UAE formation is fast and heavily marketed, so founders routinely incorporate and fund before anyone mentions Form FC.
Evidence of investment to the AD bank
Within six months of remittance, under regulation 9(1) of the OI Regulations, 2022Why it bites in the UAE: Share issuance in the UAE is quick; the variable is the bank account, which is the slowest step by a wide margin.
Annual Performance Report for the UAE entity
By 31 December each yearWhy it bites in the UAE: The UAE corporate tax return is due within nine months of the year end. Sequence the accounts so one set serves both.
Annual Return on Foreign Liabilities and Assets
By 15 July each year on the RBI FLAIR portalWhy it bites in the UAE: A separate obligation and commonly missed.
Schedule FA disclosure in the return of income
Annually, by the investorWhy it bites in the UAE: Non disclosure of a foreign asset engages the Black Money Act, and UAE holdings are precisely what the disclosure regime was designed to capture.
Be direct with yourself about one thing.
The UAE is the jurisdiction where informal structures are most common and most visible. A Dubai company funded outside the ODI framework, held personally, and not disclosed in Schedule FA is not a grey area. Deal with it deliberately rather than hoping it stays unnoticed.
12The critical path
Banking is the longest step
UAE bank account opening is materially harder than incorporation and has become more so as the banks have tightened their financial crime controls.
Expect detailed questions, and expect the bank to care about your substance for its own reasons quite apart from tax.
Free zone choice affects banking. Some zones are viewed more favourably than others, and a company in a zone associated with shell activity will find the process slower regardless of its own merits. Ask about banking reputation before you choose a zone. It is a legitimate selection criterion and almost nobody mentions it.
What actually sets your timeline
Licensing is fast. The realistic timeline is set by what follows it.
Illustrative order, not a timetable. Your bank, your zone and your documents decide the real dates.
13Working with us
One name for both sides of the Arabian Sea
This page raises the questions a licence seller has no reason to raise. Our service is built the same way.

Dr Anil Gupta
Global Expansion Advisor, Comply Globally
- TEDx speakerTEDxPariChowk, Greater Noida
- Investor and Pitch ProE Cell, Rajdhani College, University of Delhi
- Business Excellence Award 2024/25Presented to Connect Ventures Inc.
Speed of Action
A reply within four working hours, and licensing started as soon as the structure is settled, not before.
Accuracy & Competence
Corporate tax, QFZP conditions, substance and ODI checked together, so one filing does not undo another.
Ease of Doing Business
Single Point of Management: one contact for the UAE licence, the bank, the EmaraTax filings and the RBI side.
Cost Competitiveness
Prices in rupees, with zone, visa and government fees quoted separately and in writing before you pay.
The final figure depends on the zone or emirate, the licence activity, visas and premises. Every third party fee is itemised before you commit.
14FAQs
Company formation in the UAE, answered
Every answer reflects the legal position as at August 2026.

Is the UAE still tax free?
No. Corporate tax has applied since financial years beginning on or after 1 June 2023 under Federal Decree Law No. 47 of 2022: 0% up to AED 375,000 and 9% above. There is still no personal income tax on salaries, and there are still no exchange controls, but “tax free” is no longer accurate.
Do free zone companies pay tax?
Free zone companies are inside the corporate tax regime. They must register and file. They achieve 0% only on Qualifying Income and only if they meet all the Qualifying Free Zone Person conditions, including adequate substance, qualifying activities, transfer pricing compliance and the de minimis limits.
What happens if my free zone company has non qualifying income?
The qualifying part is taxed at 0% and the rest at 9%, with no AED 375,000 band. A QFZP does not get the small band that an ordinary UAE company enjoys, which is why the qualifying and non qualifying split needs modelling before you choose your activity and zone.
Do I have to register for corporate tax if I will pay nothing?
Yes. Every taxable person registers on EmaraTax, including free zone companies and businesses expecting nil tax. Late registration carries a fixed AED 10,000 penalty.
Can I still use Small Business Relief?
It applies to a UAE resident person with revenue at or below AED 3 million in the current and all previous tax periods, elected on the return, and it is not available to a Qualifying Free Zone Person. It was legislated to end for periods ending after 31 December 2026, and during 2026 an extension to 2029 was reported. Confirm the current position before relying on it, because published sources disagree.
Mainland or free zone?
Decided by where your customers are, not by licence price. A free zone company generally cannot sell into the UAE mainland without a mainland arrangement. If your customers are UAE based businesses and consumers, a free zone licence is usually the wrong purchase.
Can I own 100% of a UAE company?
In most activities, yes: on the mainland following the 2020–21 reforms, and in free zones as has always been the case. A defined list of strategic activities retains restrictions, so confirm your specific activity.
Can I run my Dubai company from India?
This is the most important question on the page, and the honest answer is: only if you build real substance. A UAE company managed from India faces three separate exposures: India's place of effective management test under section 6(3) of the Income tax Act, 1961; the India–UAE treaty's own residence test, which looks to management and control as well as incorporation; and India's General Anti Avoidance Rule. Each can undo the structure on its own.
Do I still need to file Economic Substance Regulations reports?
No. Cabinet Decision No. 98 of 2024 ended ESR obligations for financial years from 1 January 2023, with penalties for later periods waived and refunded. But that removed a filing, not the need for substance, which now matters for the QFZP conditions, for India's POEM test, for the treaty, and for GAAR.
What do I need to claim the treaty rate on income from India?
A Tax Residency Certificate from the UAE Federal Tax Authority, plus the Indian procedural filings and a beneficial ownership declaration. Without a valid TRC the Indian payer withholds at the full domestic non resident rate. The Indian procedural forms were revised for FY 2026–27, so confirm the current requirements before a distribution.
Is there withholding tax when money leaves the UAE?
No. The UAE imposes no withholding tax on dividends, interest or royalties paid to non residents, and no exchange controls. The withholding question arises on income flowing from India to the UAE, not the other way.
What is the Domestic Minimum Top up Tax?
A 15% effective rate for groups within the OECD Pillar Two scope, broadly consolidated revenue of EUR 750 million or more, for financial years from 1 January 2025. It does not affect most Indian SMEs, but it removed the certainty that a large group would always enjoy 0% on free zone income.
How long does it take?
Licensing is fast, often days in a free zone. The realistic timeline is set by the bank account, the visa and Emirates ID sequence, and the attestation of Indian corporate documents where a company is the shareholder.
Do Indian companies need FEMA compliance when setting up in the UAE?
Yes, where it is Overseas Direct Investment. Form FC must be filed and a UIN allotted before the first remittance, evidence of investment must reach the AD bank within six months under regulation 9(1) of the OI Regulations, 2022, and an Annual Performance Report is due by 31 December each year. Individual investors are within the LRS limit of USD 250,000 per financial year.
I already have a Dubai company that was set up informally. What now?
Deal with it deliberately. Delayed ODI filings can be regularised on payment of a Late Submission Fee, foreign assets must be disclosed in Schedule FA, and substance can be built prospectively. The position is materially better addressed than left.

15Get started
Ready to set up in the UAE?
The UAE remains an excellent place for an Indian business to build a regional operation. It is no longer a place to buy a licence and assume the rest follows.
Tell us seven things. We will tell you mainland or free zone, whether the 0% regime is realistically available to you, and what substance your structure needs to survive scrutiny on both sides.
- Your business activity
- Where your customers are
- Whether you already have an Indian company
- Who will be resident in the UAE
- Your expected revenue
- Whether you need mainland access
- Whether income will flow from India to the UAE
Scope note. This page states the law as we understand it at August 2026 and is general information, not advice on your transaction. References are to Federal Decree Law No. 47 of 2022 and the corporate tax decisions made under it, Cabinet Decision No. 98 of 2024 on Economic Substance Regulations, the India–UAE double taxation agreement as amended by the 2007 Protocol, and the Indian instruments named. UAE corporate tax rules, including the availability of Small Business Relief, have changed repeatedly since 2023. We will confirm the current position for your structure before you act.