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Those with Mainland Operations Await Signal on Extent of their ‘QUALIFYING INCOME'

Businesses operating out of UAE free zones and with a considerable presence on the mainland are thinking of possible restructures to the organization to absorb the upcoming Corporate Tax.

But any such changes to the business must stay on the right side of the ‘anti-abuse rules’ that form part of the UAE CT regulations, top tax consultants add.

“Yes, restructuring existing operations (of free zone enterprises with mainland operations) needs serious consideration,” said Nimish Goel, Partner at Dubai-based WTS Dhriva Consultants. “However, any restructuring or hiving off (of mainland operations) needs to factor in operational and commercial realities.

“The general anti-abuse rules need to be suitably factored.”

The anti-abuse rules are clear enough – businesses in the UAE cannot make changes solely to gain a tax advantage and thus hope to pay less on their annual income.

Hiving off mainland operations

In their consultations ahead of registering for the UAE CT regime, free zone businesses have talked of the possibility of hiving off their mainland operations to be standalone enterprises. Especially where these businesses operate separate licenses for their free zone and mainland operations.

Free zones represent one of the more significant contributors to the UAE GDP, and the UAE CT rules gives businesses there ample flexibility.

‘Qualifying income’

Under these rules, pure-play free zone businesses/their owners are exempt from the 9 per cent tax payment commitment based on their ‘qualifying income’. And this is to be confirmed by a UAE Cabinet decision that is expected shortly. (The UAE Corporate Tax comes into effect June 1, 2023.)

Raju Menon, Chairman and Managing Partner at Dubai-based consultancy Kreston Menon, emphasizes the point about ‘qualifying income’. “The UAE federal decree stipulated that free zone ‘persons’ could benefit by incurring a 0 per cent corporate tax only on the ‘qualifying income’, which is still to be defined,” said Menon. “Based on available guidance from the UAE Ministry of Finance, the qualifying income should include offshore as well as onshore sources of income of free zone persons (but) subject to strict conditions.

“Hence, there should be detailed guidance forthcoming on this aspect.” (When the decision comes on qualifying income, tax specialists hope it will also address ‘transfer pricing’ issues, which is ‘relevant as entities restructure to have standalone operations between free zone and mainland enterprises’.)

Fairly big incentive for free zone businesses

The ‘free zone person’ incentive is a substantial tax break for eligible businesses, according to Menon. (Apart from businesses engaged in extracting natural resources, government, and government-controlled entities also enjoy exemptions under the Federal Decree Law subject to eligibility criteria and conditions.)

Relief for small businesses

In addition, the Federal Decree Law does contain relief for small businesses ‘where a resident taxable person generating revenue up to a threshold – to be decided by the UAE Minister of Finance – may elect to be regarded as not having derived any taxable income for the relevant tax period,” said Menon. “Accordingly, there will not be any tax cost for such small businesses.

“Any new substantive legislation necessitates businesses to take cognizance of its applicability and plan for efficient change management. Businesses in the UAE should consider undertaking a deep review and documentation of revenue operations, assessing the impact of corporate tax, and completing requisite changes well in time of the effective date.”

Source: “UAE’s free zone companies have lots of tax planning to do”, by Manoj Nair, Business Editor, Business Section, Gulf News newspaper, 4 April 2023 and online article here.

UAE AND INDIA MARK THE FIRST YEAR UNDER THE LANDMARK AGREEMENT

A year after the UAE-India Cepa deal came into effect, the stage is set for the next big bang in trade and investment flows between the countries – a dirham-rupee payment mechanism.

When that happens, multiple categories – and businesses within them – would benefit from the closing deals in the two currencies and not have to use US dollars to make it happen. What that does is cushion trade between the countries from foreign exchange volatility brought on by the dollar’s movements.

“India is looking to ways that can speed up and smoothen out trade with its biggest economic partners,” said a senior Indian government source. “We have learnt the processes well in using the rupee in financing imports from Russia, and it’s been a major factor in limiting inflationary pressures in the economy.”

“If India and UAE sign a deal confirming rupee-dirham, it will further expand the scope of Cepa.”

Meeting CEPA targets

It was with India that the UAE entered into its first CEPA – or the Comprehensive Economic Partnership Agreement – that immediately brought down import duty across categories and opened up new investment possibilities for entities in these countries.

What UAE and India are looking for are to go in for immediate benefits from CEPA where possible and then work on those areas where they can make steady progress.

“I’m not aware of any UAE imports that are subject to 0 per cent import duty in India,” said Raju Menon, Chairman and Managing Partner at Kreston Menon, the audit consultancy.

“However, under CEPA, India has agreed to reduce or eliminate tariffs on a range of products imported from the UAE.”

“The UAE has agreed to provide tariff concessions to India on 60 per cent of items traded between the two, including on basmati rice, textiles, and pharmaceuticals.” (India last week reworked the processes involved for the country’s gold trade to source bullion from the UAE under CEPA. This could in the coming months see UAE provide up to 140 tonnes of bullion to India, and which will consolidate its status as the second biggest supplier of gold to that market after Switzerland.)

Trade is on the up

Trade gains have been there from the start of the CEPA becoming effective from May 1. Between April to November 2022, two-way movements totalled $57.8 billion from $45.3 billion a year prior to that. That’s a rise of $12.5 billion in value terms and 27.5 per cent in percentage terms.

India’s exports to the UAE went past $20 billion during this period, leveraging a 19.32 per cent increase.

“As per the CEPA agreement, there would be periodic reviews to assess progress and identify areas for further cooperation,” said Menon. “The UAE has set up a dedicated task force to ensure the smooth implementation of the agreement, while India has created a website to provide information about the CEPA and facilitate trade between the countries.”

Beyond $100b in trade

Boosting two-way trade to $100 billion is the stated aim before the end of this decade, but there is also the greater emphasis on generating more from trade in services, with a target of $15 billion.

The cable-maker Ducab Group recently opened an office in the south Indian metropolis of Bengaluru, and its CEO Mohammed Abdul Rahman Al Mutawa was there on the ground. And he’s liking what’s showing up as possibilities post-CEPA.

“India is our new home market,” said Al Mutawa. “India has always been of interest to us and CEPA made the decision of opening an office in Bengaluru easier.”

“Ducab has been supplying to the Indian market since 1988, with its first project being the Nhava Sheva Port in Mumbai. Ducab has supplied 263,000 MT of of CuEq (copper equivalent) of metals to the market through the years. This is equal to powering approximately 3 million houses.

The other big investments or commitments made by UAE businesses are by the likes of Emaar, LuLu and the Sharaf Group, while DP World is expanding the scope of its already substantial interests in that market.

But business chiefs say it is still too early to fully realise the full possibilities that come with CEPA. “The impact of such agreements can take time to be felt, as businesses need to navigate through the legal and regulatory requirements of investing in a foreign country,” said Abdul Jebbar P. B., Group Managing Director at Dubai-based Hotpack Global, currently on a major expansion in the UAE and Saudi Arabia.

India is becoming one of the most desirable markets for businesses from all over the world due to its sheer size. And the government has been prudent in encouraging investment.”

With CEPA, UAE businesses with an India focus might have that extra edge.

Raju Menon, founder, chairman, and managing partner of Kreston Menon talks to Pranitha Menon about dreaming big, his management principles, and his autobiography The View from My Perch

Rajagopalan Menon, better known as Raju Menon, was 29 years old when he boarded his first-ever flight– from Mumbai to Dubai in 1991. Armed with a degree in Chartered Accountancy and a year’s work experience, he arrived on a visit visa with hope and courage to seek a life and livelihood in the UAE. ‘I was unsure of what the future held even though I had very clear visions of what it should be. There was no apprehension, just excitement,’ says Raju, who hails from a tiny hamlet called Edavilangu in the southern Indian state of Kerala.

Over three decades in the UAE, he would go on to found and helm the Kreston Menon Group, a leading audit and business consulting firm with operations in UAE, India, Qatar, and Oman; gather a long list honours; be named one of top 100 Indian Leaders in the Arab world, and pen an autobiography that is eliciting rave reviews.

Released late last year at the Sharjah International Book Fair, The View From My Perch chronicles his story of consistency and perseverance. Neatly demarcating his life into different phases, each represents a struggle and a step towards his destination and dream.

What led him to pen this story?

‘I never thought of writing a book and I felt I was too young to be writing an autobiography,’ says Raju, with a smile. However, the seed of a book was first sown by Sudhir Kumar, his senior partner Kreston Menon. A book, Sudhir was sure, could inspire students and young entrepreneurs.

‘Whether that happens or not, the thought convinced me to give it a try,’ recalls Raju.

The pandemic acted as a catalyst. Keen to use the free time that he had productively, he decided to pen his memoir. ‘To compile my experiences, thoughts, and vision into this compendium of life, I remember spending hours and days in the office meeting room, aptly named Maydan, which became my haven for ferreting into the past to dig out nuggets buried in the deep recesses of my mind.’

Once he got going, he wanted to ensure that the book would be perfect in all senses of the term. To that end, he made a few trips to Kerala to relive and experience once again firsthand some elements that had shaped his personality, and meet a few key people who in some way had had a bearing on his life.

Insightful vignettes of all of these feature in his book giving it a deeply personal feel.

‘Like everything else I do, I just gave it my very best,’ says the man who started out life in the UAE as an audit manager in a modest firm in Dubai.

What motivated him to set up Kreston Menon, a company that has bagged the Super Brand status for nine consecutive years? I ask.

‘To excel and never to be content with the ordinary,’ says Raju, with a smile. It is a mantra that pushes him to make his choices. It is a lesson, he says, he learned the hard way.

Need to think big

Forced to pursue higher studies in a privately-owned educational institution after performing poorly in his Grade 10 board examination, Raju watched with envy his friends heading off to vibrant, exciting environs of reputed colleges.

Realizing that his lack of focus at a crucial juncture of his studies had cost him the opportunity to continue education in a well-known college, he resolved ‘never to settle for the mundane again.

‘Even today, I hold that character trait dear. Think big, do big, execute big. You can break beyond the limits by thinking big. Once you think big and set your goals high, it will widen the horizon of your life, and bring you greater opportunities and greater success,’ he asserts.

Pursuing academics with a vengeance of sorts, he cleared his Chartered Accountancy exams in the first attempt, an achievement that made his parents proud.

Encouraged, he decided to set up an entrepreneurial venture in Kozhikode, Kerala. However, it did not take off as planned.

Not one to give up, he decided to look beyond the boundaries of his state to realize his dream of making it big in life. Heading off to Mumbai, he landed a job in a multinational company and earned valuable experience.

However, Raju’s dreams were big.

‘People get comfortable in their little successes and trapped in them for eternity, unable to realize their full potential. To succeed and achieve the maximum, one has to take risks and venture out into the challenging world… outside their safe haven,’ says Raju. Practicing what he preaches, he decided to move out of his safe job and took a flight to Dubai.

Raju was aware that it is a new place where he would have to put in long and hard hours to make a mark in his field. But he was willing to do that and more.

‘Upskill yourself and stay competitive. A successful entrepreneur needs to be a constant learner,’ he advises before adding, ‘Hard work is the cardinal principle for me.’

Is it not – work smart, not hard? I ask.

Hard work is the base. It is that first step that you must take before you work smart.

It was Raju’s mother, Susheela Menon, a midwife, who had a strong influence in shaping him into who he is today. ‘She was hard-working, willing to help people at any hour of the day or night, and was empathetic.’

The first job he got was in a company named Mak&Partners, in Dubai. For close to a decade here, he worked 14 hours every day. ‘I was never a clock watcher but used the flexibility given to me by my boss, Khalid Bhai, as an opportunity to gain knowledge and experience.’

In 1995, he set up the Kreston Menon Group. From a small team of three people, the firm today has grown into an enterprise employing more than 400 Chartered Accountants, internal auditors, and accountancy professionals. Raju’s wife, Girija Menon, is a senior partner at Kreston Menon and a certified internal auditor.

Even today, he believes in working hard… and smart. ‘Now, I head an organization that is structured and runs like a well-oiled machine. All I must do is manage it well.’

Delegation, he believes, is the key to effective management. ‘I have learned that micromanagement of people and business is self-defeating. When given the freedom, people bloom,’ he points out.

Trusting, empowering, incentivizing, and giving employees the freedom to creatively develop the business in their own style could work wonders, he says.

As an entrepreneur, he stands by the management principle of the People First approach and values work-life balance for all employees. ‘If you do not empower your leaders (partners, directors, managers) and give the freedom to operate, you won’t be successful,’ he says. ‘I am supported by a great team that shares the same objectives and strives for a common goal.’

Raju believes that there are no shortcuts to success. ‘My success will definitely be counted on how effectively I am creating a unique experience for each of my clients by providing them with the right and timely business advice.’

He goes on to explain that in an ever-evolving business environment, his success also lies in how effectively he leads his team to stay relevant, updated, and ahead of the competition.

The going– and growing– however, was not easy.

A legal issue in 2011 threatened his firm’s survival but Raju fought the case and won it.

The pandemic too affected them, but that was a great teacher, says Raju. ‘The lesson that it left in its wake that had to be put into practice was to be prepared for unpredictability and rework on short-term and long-term planning and strategies.’

The first break

Over the years, Raju says that he has witnessed and experienced that getting that first break is the most difficult task. He has noticed that once a person gets the right break, they move up very fast, provided they are willing to work hard.

‘Wiser by having undergone such ordeals, I believe in giving the first break to people who are known to me or have been referred even if they may not be up to par in their qualifications but have the fire in them to do well and succeed.’

One initiative that he is extremely proud of is partnering with the Expo 2020 team, as early as 2013, to support their bid to organize the world-renowned, unique, and historic event, the Expo, in Dubai.

A firm believer of women empowerment, the father of three mentions that 45 percent of the total workforce at Kreston Menon are women.

‘Life has been very kind and generous to me. Now, in turn, I try to spread happiness in people around me,’ he says.

To give focus to their philanthropic efforts, Raju and Girija have started the CA Girija & CA Raju Menon Foundation in Kozhikode, Kerala, providing support for education, marriage, and healthcare for individuals who approach them for help.

To empower women, they conduct training courses to enhance their communication and public speaking skills, which will give them the confidence to contribute to society.

‘Both of us wholeheartedly believe that all human beings are equal and equally capable of achieving and contributing to the community, society, and humanity,’ says Raju.

Source: “Think big, do big, execute big”, AuthorSpeak Section, Friday Magazine, Gulf News, 31 March 2023 and online article here.