Transfer Pricing in the UAE: The Tax Rule Most SME Owners Have Never Heard Of | FMCA
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Transfer Pricing in the UAE: The Tax Rule Most SME Owners Have Never Heard Of

Two related companies — one on the Dubai mainland, one in a Free Zone — pricing intercompany transactions to shift profit into the zero-tax entity. It looks like smart structuring. Under UAE Corporate Tax law, it's potentially a serious compliance problem, and the FTA is equipped to spot it.

Reviewed by FMCA's Senior Tax Advisory Team — registered FTA tax agents serving clients across the UAE and Saudi Arabia.

Transfer pricing rules define the prices charged between related parties for goods, services, loans, and intellectual property. Under UAE Corporate Tax Law and OECD standards, these transactions must satisfy the "arm's length" principle — priced as if negotiated between genuinely independent, unrelated parties. Most SME owners running more than one related entity have never heard of the rule, and that's exactly the exposure the FTA is now actively looking for.

Who This Actually Affects

Transfer pricing isn't a large-multinational-only concern. It applies to owners running multiple interconnected companies, UAE businesses transacting with an overseas parent, subsidiary, or affiliate, family business structures with related ownership across entities, businesses providing or receiving management services between related entities, and any structure with intercompany loans.

The Documentation Requirement

Businesses above the relevant thresholds must maintain a Transfer Pricing Local File — and in some cases a Master File — documenting the transactions, the parties involved, the pricing methodology, and the evidence supporting arm's length pricing. Under Ministerial Decision No. 97 of 2023 (as updated by Ministerial Decision No. 301 of 2025), the comprehensive Master File and Local File requirement applies to businesses with standalone revenue of AED 200 million or more, or that belong to a multinational group with global consolidated revenue of AED 3.15 billion or more. Below that, a simpler disclosure form threshold still applies: total related-party transactions exceeding AED 40 million in aggregate, or any single category — goods, services, financing, IP — exceeding AED 4 million. Documentation must exist before Corporate Tax filing, not assembled reactively after an FTA inquiry, and records must be retained for seven years.

The Most Common Errors

  • Intercompany loans without interest — charging no interest, or below-market rates, on loans between related entities.
  • Undervalued management fees — management or support services provided between related entities priced well below market rate, or not charged at all.
  • Mispriced goods and services — significant deviations from market pricing on intercompany sales, with no documented justification.
  • Free Zone profit shifting — structuring related-party transactions to concentrate profit in a zero-tax Free Zone entity, which is precisely the pattern the FTA is trained to identify.

A Real Pattern We See Often

A family manufacturing group running a mainland manufacturing entity and a Free Zone trading company had been selling goods from the manufacturing side to the trading side at cost price — no margin, no documentation. Through benchmarking analysis and proper transfer pricing documentation, the arrangement was restructured onto a defensible, arm's-length pricing basis, resolving the exposure before it became an FTA finding rather than after.

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FAQ

Common Questions on Transfer Pricing

Does transfer pricing apply to small UAE businesses?+

Yes, if they transact with related entities — the full Master/Local File requirement applies above AED 200 million standalone revenue, but a disclosure form threshold of AED 40 million in aggregate related-party transactions applies well below that.

How long must transfer pricing documentation be kept?+

Seven years, and it must be produced within 30 days of an FTA request even though it isn't filed automatically each year.

Is an interest-free loan between related companies a problem?+

It can be — related-party loans are expected to reflect arm's length interest terms, and a zero-interest loan without documented justification is a common audit flag.

Does moving profit into a Free Zone entity avoid tax legitimately?+

Only if the pricing behind those transactions is genuinely arm's length — pricing designed purely to shift profit into a zero-tax entity is exactly what transfer pricing rules are built to catch.

When should transfer pricing documentation be prepared?+

Before Corporate Tax filing, not after an FTA inquiry — documentation prepared reactively carries far less weight and far more risk.

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