ESR Services in DIFC

The Economic Substance Regulations (ESR) in the UAE require businesses to align their economic activities with their presence in the country. MS supports DIFC entities by ensuring compliance with these regulations, managing the submission or resubmission of notifications, and providing ongoing reviews to address any non-compliance or incomplete information issues.
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Let MS empower your business in DIFC

Mohammad Shafeek

Founder & Group CEO, MS

Let MS empower your business in DIFC

Pre-emptive Understanding, Substance Impact Solution

Globally, Economic Substance Regulations (ESR) combat tax avoidance and evasion. As an OECD member, the UAE adheres to global standards, reviewed by the OECD. The UAE's economic substance framework aims to regulate tax liabilities, applying to all licensed companies to curb evasion. This regulation addresses advantages from low-tax systems, impacting businesses onshore and offshore alike. ESR regulations extend to all UAE licensees, spanning mainland, free zones, and offshore entities, as well as individuals, involved in designated "Relevant Activities" (RA). These activities cover a broad spectrum, including banking, investment fund management, insurance, shipping, distribution and service center operations, lease financing, headquarters operations, holding company activities, and intellectual property management. Compliance with these regulations is obligatory, ensuring transparency and accountability across diverse sectors of the economy.

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What are the Economic Substance Regulations Notification Process for DIFC entities?
    What are the relevant activities under ESR?
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      Key points regarding ESR applicability and compliance for UAE entities
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      ESR applies to all UAE entities conducting relevant activities, not just foreign-owned companies.
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      There is no general exemption for offshore companies; they are subject to ESR if involved in relevant activities.
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      Legal documents don’t solely define ESR applicability. A “substance over form” approach prevails, focusing on actual activities.
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      Regularly assess your branch’s activities to ensure continuous compliance with ESR.
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      Proper documentation is essential when claiming exemptions under ESR.
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      ESR filing is mandatory regardless of whether the relevant activity generates income for the branch.
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      Penalties exist for non-compliance, including failing to submit notifications and reports or providing inaccurate information.
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      Why MS
      ESR services for DIFC entities

      Engaging MS for Economic Substance Regulation (ESR) services helps ensure your business complies with international standards and DIFC requirements. Adhering to ESR is essential for operating in the DIFC, and non-compliance can result in significant consequences. Our expertise simplifies and strengthens the compliance process, providing essential support for your business in the evolving DIFC market.

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      Frequently Asked Questions (FAQ)
      What are the implications of the Economic Substance Regulation (ESR) for companies based in the DIFC ?
      The Economic Substance Regulation (ESR) has implications for companies based in the Dubai International Financial Centre (DIFC). Companies in the DIFC need to assess whether they conduct relevant activities as defined by the ESR and determine if they meet the substance requirements. They need to ensure they have an adequate number of qualified employees and maintain appropriate premises and expenditures.
      Are the Economic Substance Regulations applicable to DIFC entities ?
      The Regulations apply across the UAE, including free zones and financial free zones. This means that all UAE entities engaged in Relevant Activities, whether onshore or in a free zone, must comply.
      For DIFC entities, including regulated firms, conducting Relevant Activities, compliance with the Regulations is mandatory, irrespective of their legal structure (e.g., Company, Partnership, Foundation, or Non-Profit Incorporated Organisation).
      How can your ESR services assist DIFC companies in compliance ?
      Our ESR services offer thorough support for DIFC companies, guaranteeing compliance with Economic Substance Regulations. This involves conducting assessments, implementing required changes, and aiding in reporting to regulatory authorities.
      What are the potential consequences for DIFC companies if they fail to comply with ESR requirements ?
      The potential consequences for DIFC companies failing to comply with ESR requirements can be significant. These may include financial penalties, suspension of licenses, potential deregistration from the company registers, reputational damage, and loss of business opportunities. It's crucial for companies to prioritize compliance with ESR regulations to avoid these adverse outcomes.
      Disclaimer: MS is a trading name of MS Corporate Services (DIFC) Limited, M S Global Solutions DMCC and M S Chartered Accountants LTD (ADGM). MS Corporate Services (DIFC) Limited is registered with the Dubai Financial Services Authority (Reg No: 9054) as DNFBP and is commercially licensed by the Dubai International Financial Centre Authority as a Corporate Services Provider. M S Global Solutions DMCC is licensed by Dubai Multi Commodities Centre Authority (Reg no: 873767) as a Corporate Services Provider and Management Consultant. M S Chartered Accountants LTD is licensed by ADGM Authority (Reg No: 000007218) for Management Consultancy, Tax Consultancy, Compliance Consultancy and Accounting Services.