ESR Assessment

ESR Assessment : AARMAK

Complying with the Economic Substance Regulations (ESR) in the UAE can be a complex and demanding task. Businesses need expertise, precision, and timely compliance to ensure they meet the regulatory requirements. At AARMAK, we provide comprehensive ESR Assessment Services to help businesses determine if they comply with the UAE's ESR standards, in line with the Organization for Economic Cooperation and Development (OECD) guidelines.

What is Economic Substance Regulation?

The UAE introduced the Economic Substance Regulations (ESR) to align with global standards for combating base erosion and profit shifting (BEPS). The ESR requires companies engaged in Relevant Activities to demonstrate sufficient economic presence and legitimate operations within the UAE.

ESR Requirements for UAE Businesses

UAE mainland, free zone, and offshore companies involved in Relevant Activities must meet key ESR requirements, including:

  1. Submitting a Notification to the regulatory authorities regarding the Relevant Activities within six months from the end of the financial period.
  2. Undergoing the Economic Substance Test if they conduct Relevant Activities.
  3. Submitting an Annual Economic Substance Report within 12 months of the financial period’s end.
The Nine Relevant Activities Under ESR
Businesses conducting the following activities are subject to ESR regulations:

Banking Business
Insurance Business
Investment Fund Management Business
Shipping Business
Lease-Finance Business
Distribution & Service Centre Business
Headquarters Business
Intellectual Property (IP) Business
Holding Company Business

ESR Requirements for UAE Businesses

UAE mainland, free zone, and offshore companies involved in Relevant Activities must meet key ESR requirements, including:

  1. Submitting a Notification to the regulatory authorities regarding the Relevant Activities within six months from the end of the financial period.
  2. Undergoing the Economic Substance Test if they conduct Relevant Activities.
  3. Submitting an Annual Economic Substance Report within 12 months of the financial period’s end.
Penalties for Non-Compliance
Failure to comply with ESR regulations can result in significant penalties:

AED 20,000 – Failure to submit the ESR Notification.
AED 50,000 – Failure to submit the ESR Report or meet the ES Test requirements.
AED 400,000 – Repeated failure to meet ES Test requirements.
AED 50,000 – Submission of inaccurate or misleading information.

Key Tests for Meeting the ESR Requirements

To comply with the ESR, businesses must pass the following tests:

  • Core Income Generating Activities (CIGA): Conducting activities directly related to generating income.
  • Directed and Managed: Ensuring business operations are directed and managed in the UAE.
  • Adequacy: Ensuring sufficient staff, premises, and expenditure in the UAE.
  • Outsourcing of CIGA: If outsourcing is done, businesses must demonstrate adequate oversight of the outsourced activities.
What is ESR Assessment in the UAE?
An ESR Assessment is the process of evaluating whether a business falls within the scope of the ESR regulations. This assessment helps companies determine whether they meet the requirements and whether they need to submit notifications or reports.

At AARMAK, we offer professional ESR Assessment Services to help businesses in the UAE determine their eligibility and ensure compliance with ESR regulations.
Purpose of ESR Assessment Services in the UAE
Our ESR Assessment Services answer the following key questions:

◉ Does your business conduct a Relevant Activity in the UAE?
◉ Is your business eligible for an ESR exemption?
◉ Could your business be considered high-risk for ESR non-compliance?
◉ Does your business pass the ESR Test in the UAE?

Our Economic Substance Assessment Services

We offer a comprehensive range of services designed to ensure your business fully complies with ESR regulations:

  1. Initial Assessment
    We analyze your business activities to determine whether your company falls under the ESR framework. This helps you understand the specific obligations and requirements for your business.

  2. Gap Analysis
    Our experts evaluate your current operational structure against ESR requirements, identifying gaps, and recommending steps to align your business with the regulations.

  3. Economic Substance Report Preparation
    We assist in preparing and submitting your Economic Substance Report, ensuring that all required information is accurately reflected and in compliance with UAE regulations.

  4. Ongoing Compliance Monitoring
    ESR compliance is an ongoing process. We provide continuous monitoring, support, and updates on regulatory changes to ensure your business remains compliant throughout the year.

  5. Advisory Services
    Our team offers tailored advisory services to help structure your operations in a way that optimizes ESR compliance while maintaining efficiency.

Why Choose AARMAK for ESR Assessment in the UAE?

  • Expertise: Our team comprises seasoned professionals with extensive experience in UAE regulatory compliance, ensuring accurate and reliable guidance.

  • Tailored Solutions: We understand that every business is unique, and our solutions are customized to meet your specific needs.

  • End-to-End Support: From the initial assessment to ongoing compliance, we provide comprehensive support to ensure your business remains fully compliant with ESR requirements.

  • Timely and Accurate Filing: We ensure timely submissions, helping you avoid penalties and compliance issues.

Let AARMAK guide your business through the complexities of ESR compliance in the UAE. Our ESR Assessment Services will ensure that you meet all regulatory requirements and maintain a robust economic presence in the region.

AARMAK, with 20 years in Dubai, offers expert auditing, accounting, taxation, AML consulting, trademark registration, and business setup services. We ensure compliance and drive efficient business growth.

Need Any Help? Or Looking For an Auditing Service

© 2024 AARMAK. All Rights Reserved.