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R&D Tax Credit - A significant step towards the UAE's innovation driven tax incentives under the Corporate Tax framework
As the corporate tax landscape continues to evolve, new incentives are being introduced. The UAE recently introduced R&D Tax Credit regime 1, and last week it issued additional implementation guidance 2, bringing much-needed clarity on eligibility, calculation mechanics, compliance requirements, and anti-abuse provisions.
Important terms
All entities engaged in Qualifying R&D Activities, including:
- Foreign companies having a permanent establishment in the UAE
- Free zone entities that are subject to Corporate Tax at 9% and/or Top-up Tax.
The Following entities are excluded:
- Entities not subject to Corporate Tax or Top-up Tax
- Entities that have elected for Small Business Relief
- Any other entity specified by the Minister is also excluded.
The qualifying entity must obtain pre-approval from The Emirates Research and Development Council (the Council) for any R&D Project for which the R&D Tax Credit is claimed.
| Qualifying R&D activities
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Activities carried out in the UAE as part of an R&D project, provided they are:
- Novel, in that it aims to produce new findings.
- Creative, involving original concepts or hypotheses.
- Outcomes are uncertain, or the means of achieving them are not known in advance.
- Systematic, following a plan and budget.
- Transferable or reproducible.
The key determinative factor shall be the criteria set out in the OECD Frascati Manual.
Note: The examples below are illustrative and provided by Nexdigm for guidance only; they are not part of the official notification.
Some common examples of such Qualifying R&D activities may be:
- designing an AI model for general or specific industry use
- building new systems driven by technology under a defined business plan and budgets
- developing substitutes for existing resources
It is important for businesses to document not only what is developed but also the technical uncertainties encountered and the creative solutions devised along the way.
Key Exclusions:
- R&D activities in the fields of social sciences, humanities, and arts.
- R&D activities performed outside the UAE.
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