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Economic Substance & UAE Compliance After ESR

UAE compliance and substance services: closing out legacy ESR matters, substance for Qualifying Free Zone Person status, corporate tax compliance and AML/CFT frameworks.

Overview

UAE compliance and substance services: closing out legacy ESR matters, substance for Qualifying Free Zone Person status, corporate tax compliance and AML/CFT frameworks.

The standalone Economic Substance Regulations no longer apply to financial years ending after 31 December 2022, but substance did not go away. It is now tested inside UAE corporate tax, most visibly through the Qualifying Free Zone Person conditions, while AML/CFT and beneficial ownership rules have tightened. Atlas helps DIFC and ADGM entities close out any legacy ESR matters, evidence the substance their tax position depends on, and keep AML and regulatory obligations current.

Why Choose Atlas

Key Features & Benefits

01

Legacy ESR Close-Out

Review of filings for financial years ending on or before 31 December 2022, and resolution of unfiled notifications, unpaid penalties or open appeals.

02

Substance Review for Corporate Tax

Assessment of employees, expenditure, assets and decision-making against the substance conditions for Qualifying Free Zone Person treatment, with a practical evidence file.

03

Corporate Tax Compliance

Guidance on UAE Corporate Tax registration, return preparation, and compliance, including qualifying income and exempt income analysis.

04

AML/CFT Compliance

Design and implementation of AML/CFT policies, procedures, and controls in line with CBUAE and DFSA requirements.

05

Regulatory Health Checks

Periodic compliance health checks to identify and remediate gaps before they become regulatory issues.

06

Regulatory Liaison

Representation and liaison with DIFC Authority, DFSA, FTA, and other UAE regulators on compliance matters.

Our Process

How We Work

01

Compliance Audit

We conduct a comprehensive audit of your current compliance status across all relevant regulatory frameworks.

02

Gap Analysis

We identify gaps and risks and prioritise remediation actions.

03

Remediation Plan

We develop and implement a remediation plan to address identified gaps and strengthen your compliance framework.

04

Policy & Procedure Design

We draft or update compliance policies and procedures in line with current regulatory requirements.

05

Reporting & Filings

We prepare and submit all required regulatory reports and filings on your behalf.

06

Ongoing Monitoring

We provide continuous compliance monitoring, regulatory updates, and periodic reviews.

Full Service

What's included

Everything handled, from initial advisory through to ongoing compliance and support.

Legacy ESR review and close-out
Substance review for Qualifying Free Zone Person status
Corporate tax registration and compliance
AML/CFT policy and procedure design
UBO register and KYC management
Regulatory health checks
Compliance training for staff
Regulatory liaison and representation
Ongoing compliance monitoring
Regulatory change advisory

Stay ahead of UAE regulatory requirements. Let Atlas manage your compliance.

Our DIFC specialists are available for a free initial consultation to understand your requirements and recommend the best solution.

Include the country code, e.g. +971

FAQ

Frequently Asked Questions

Are the UAE Economic Substance Regulations still in force?

No. Cabinet Decision 98 of 2024 amended the regime so that the Economic Substance Regulations do not apply to any financial year ending after 31 December 2022. There are no ESR notifications or reports to file for later financial years.

Can an old ESR matter still affect my company?

Yes. Obligations and penalties for financial years ending on or before 31 December 2022 were not cancelled. An unfiled 2022 notification, an unpaid penalty or an open appeal is still live, and Atlas can help you close it out.

Where is substance tested now?

Inside UAE corporate tax. A free zone entity seeking Qualifying Free Zone Person treatment on its qualifying income, subject to conditions, must maintain adequate substance in the free zone, with enough employees, expenditure and assets for its core income-generating activities, and keep audited financial statements.

Does a DIFC or ADGM holding company need substance?

It depends on the tax position it relies on. Where a company claims Qualifying Free Zone Person treatment, the substance conditions apply to it. Atlas reviews what the company does, where decisions are taken and what evidence exists, and tells you plainly where the gaps are.

What is AML/CFT compliance?

Anti-money laundering and counter-terrorist-financing rules require policies, customer due diligence and ongoing monitoring. Atlas designs and implements a framework proportionate to your business and regulator.