Relocating your residence to the UAE
The topic of tax law for Europeans in the UAE is particularly relevant for people who are permanently leaving Europe or already live in the UAE. Of particular importance is the aspect of exit taxation and how European tax law affects people who relocate their residence abroad. Here are the key points:
Exit taxation
Exit taxation (§ 6 AStG – Foreign Tax Act) affects people who:
- Hold at least 1% in a corporation (such as a GmbH or AG), directly or indirectly, and
- Relocate their residence or habitual abode from Europe to a non-European country.
The provision aims to ensure that increases in value of shareholdings that arose in Europe are taxed, even if the sale takes place abroad at a later date.
Key aspects:
- Deemed disposal: Exit taxation assumes a deemed disposal of the shares at the time of departure. Income tax is due on the resulting gain.
- Payment in instalments: Under certain conditions, the tax can be paid in instalments over 7 years.
- Deferral: If the move is to an EU/EEA country, the tax may be deferred interest-free under certain circumstances. However, the UAE is not an EU/EEA country, which is why such a deferral is generally not possible.
- Avoidance: There are legal strategies to avoid or reduce the tax burden, e.g. through prior restructurings or the sale of shares before departure.
Double taxation agreement (DTA)
Germany and the United Arab Emirates (UAE) do not have a double taxation agreement. This means:
- No tax exemption: In theory, income can be taxed both in Europe and in the UAE, with Europe usually retaining the right to tax.
- Tax residency status: The decisive factor is whether the person continues to be considered subject to unlimited tax liability under German tax law. This is the case if you maintain a residence or “habitual abode” in Germany.
Tax residence
German tax law defines residence pursuant to § 8 AO and habitual abode pursuant to § 9 AO. It is important to ensure that:
- No residence (e.g. by keeping an apartment) exists in Germany.
- The habitual abode (at least 183 days per year in Germany) no longer applies.
Income from Germany
Anyone who continues to earn income from German sources remains subject to limited tax liability in Germany. Examples:
- Income from renting and leasing real estate in Germany.
- Investment income: Germany retains the right to tax domestic investment income.
- Business income: If there are permanent establishments in Germany, the tax liability remains.
Tax exemption in the UAE
The UAE is attractive for European emigrants because no income tax is levied on private income in the UAE. However:
- From 2024, there is corporate income tax (9%) on business profits above an allowance.
- VAT (5%) may be relevant for businesses.
Practical tips for Europeans in the UAE
- Tax deregistration in Europe: Deregister in good time and correctly to end unlimited tax liability.
- Documentation: Evidence of your centre of life in the UAE (e.g. lease agreement, residence permit).
- Advice: It is advisable to involve a tax advisor early on who is familiar with German and international tax law.
- Avoiding dual residences: Clarify the status of properties or apartments in Europe.
- From 2024, there is corporate income tax (9%) on business profits above an allowance.
- VAT (5%) may be relevant for businesses.
Your experts for tax law in Dubai and the Gulf states
Nyikolaj Szmolenkov -
Tax advisor
European citizens moving to the UAE benefit from tax freedom, but must carefully review the European tax consequences, in particular exit taxation. Strategic planning and professional advice are essential to minimise tax disadvantages.
Christian Bauer
Tax advisor
Tax and business consulting, from asset coordination and accounting through to succession planning, also gladly in cooperation with your advisors. Decades of experience from successful work and constantly new, including technical, possibilities are combined appropriately to achieve the most sensible consulting outcome – fast – clear – practical.
Book your free initial consultation now
and find out how Dr. Lang Emirates can support you with inheritance law in the Emirates & the Gulf states.
