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Editorial Team – [2023] 150 taxmann.com 134 (Article)
World Tax News provides a weekly snippet of tax news from around the globe. Here is a glimpse of the tax happening in the world this week.
1. UAE lists down situations where the presence of a natural person won’t give rise to PE
The UAE Ministry of Finance (MoF) has issued Ministerial Decision No. 83 of 2023 outlining conditions under which the presence of a Natural Person inUAE wouldn’t give rise to a Permanent Establishment for the Non-Resident Person.
The presence of a natural person in UAE shall be considered a consequence of a temporary and exceptional situation if all of the conditions mentioned therein are met:
(a) The presence of the natural person in the State is a consequence of exceptional circumstances of a public or private nature.
(b) The exceptional circumstances cannot reasonably be predicted by the natural person or the Non-Resident Person.
(c) The natural person did not express any intention to remain in the State when the exceptional circumstances ended.
(d) The Non-Resident Person does not have a Permanent Establishment in the State before the occurrence of the exceptional circumstances.
(e) The Non-Resident Person did not consider that the natural person is creating a Permanent Establishment or deriving income in the State as per the tax legislation applicable in other jurisdictions.
The decision further explains what constitutes exceptional circumstances. It is provided that an exceptional circumstance is a situation or an event beyond the natural person’s control and:
(a) Which occurred while he was already in the State;
(b) Which he could not reasonably predict or prevent; and
(c) Which prevented him from leaving the State as originally planned, whether with respect to the exceptional circumstances of a public nature (act of war, occurrence of natural disasters etc.) or private nature (Occurrence of an emergency health condition etc.).
Source: Ministerial Decision No. 83 of 2023
2. Taxable person with revenue exceeding AED 50 million to maintain Audited Financial Statements for UAE corporate tax
3. Australia announces tax incentives to increase the supply of housing
(a) Reduced withholding tax
(b) Increased depreciation rate
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