Double Tax Avoidance Agreement Generator for United Arab Emirates

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Double Tax Avoidance Agreement

"Need to draft a Double Tax Avoidance Agreement between UAE and Singapore, with specific focus on digital services taxation and e-commerce provisions, to be implemented by March 2025."

Document background
Double Tax Avoidance Agreements are essential international treaties used to prevent the same income from being taxed twice in different jurisdictions. These agreements are particularly important in the UAE context given its position as a global business hub and its implementation of corporate tax. A DTAA provides certainty to businesses and individuals about their tax obligations, encourages international investment, and facilitates cross-border trade. The agreement typically covers various types of income including business profits, dividends, interest, and royalties, while also addressing modern business challenges such as e-commerce and digital services. It includes mechanisms for information exchange between tax authorities and dispute resolution procedures, aligned with both UAE federal law and international tax standards. The agreement becomes particularly relevant with the UAE's growing network of international tax treaties and its recent introduction of corporate tax.
Suggested Sections

1. Parties: Identification of the contracting states (UAE and the other country) entering into the agreement

2. Background: Context of the agreement, including the desire to promote economic cooperation and eliminate double taxation

3. Definitions: Key terms used in the agreement, including 'resident', 'permanent establishment', 'dividends', 'interest', etc.

4. Scope of Agreement: Taxes and persons covered by the agreement

5. Residency: Rules for determining tax residency and handling dual residency cases

6. Permanent Establishment: Definition and conditions for constituting a permanent establishment

7. Income from Immovable Property: Taxation rights regarding income derived from real estate

8. Business Profits: Rules for taxation of business profits and attribution to permanent establishments

9. Shipping and Air Transport: Special provisions for international transport operations

10. Associated Enterprises: Transfer pricing and related party transaction provisions

11. Dividends, Interest, and Royalties: Taxation rights and rates for passive income

12. Capital Gains: Rules for taxation of gains from alienation of property

13. Elimination of Double Taxation: Methods for avoiding double taxation (credit or exemption method)

14. Non-discrimination: Provisions ensuring fair treatment of residents of both states

15. Mutual Agreement Procedure: Process for resolving disputes between tax authorities

16. Exchange of Information: Framework for information sharing between tax authorities

17. Entry into Force: When and how the agreement becomes effective

18. Termination: Conditions and procedures for terminating the agreement

Optional Sections

1. Independent Personal Services: Special provisions for professional services, used when one country specifically requires separate treatment from business profits

2. Entertainers and Sportspersons: Special rules for taxation of entertainment and sports professionals, included when significant cross-border activity exists in these sectors

3. Petroleum Taxation: Special provisions for oil and gas activities, particularly relevant for UAE treaties

4. Islamic Finance Provisions: Specific provisions dealing with Islamic financial instruments, included when relevant to either party

5. Technical Services: Special provisions for technical service fees, included when significant technical service exchanges exist between countries

6. Limitation of Benefits: Anti-abuse provisions, included when treaty shopping is a concern

7. Government Service: Special provisions for government employees and services, included when significant government cooperation exists

8. Students: Special provisions for students and trainees, included when significant educational exchange exists

Suggested Schedules

1. Schedule A - Taxes Covered: Detailed list of specific taxes in each contracting state covered by the agreement

2. Schedule B - Withholding Tax Rates: Table of applicable withholding tax rates for different types of income

3. Schedule C - Agreed Administrative Procedures: Detailed procedures for implementing the mutual agreement and information exchange provisions

4. Appendix 1 - Forms and Certificates: Standard forms for tax residency certificates and treaty benefit claims

5. Appendix 2 - Competent Authorities: List of designated competent authorities and their contact information

6. Protocol: Additional agreements or clarifications on specific articles of the main agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Banking and Financial Services

International Trade

Oil and Gas

Manufacturing

Real Estate and Construction

Professional Services

Technology and Digital Services

Tourism and Hospitality

Aviation and Transportation

Healthcare

Education

Telecommunications

Retail and Consumer Goods

Media and Entertainment

Relevant Teams

Finance

Tax

Legal

Compliance

Treasury

International Business

Government Relations

Corporate Affairs

Risk Management

Strategy

Accounting

Regulatory Affairs

Relevant Roles

Tax Director

International Tax Manager

Chief Financial Officer

Tax Counsel

Finance Director

Corporate Tax Manager

Transfer Pricing Manager

Tax Policy Advisor

International Business Development Manager

Compliance Officer

Treasury Manager

Financial Controller

Tax Partner

International Tax Consultant

Government Relations Director

Diplomatic Attache

Treaty Negotiator

Cross-border Tax Specialist

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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