10 common reasons why businesses fail the Economic Substance Regulations Obligations
Bahrain and the UAE introduced a legal framework requiring businesses to have substance in their jurisdictions as a direct consequence of the Organisation for Economic Co-operation and Development’s (“OECD”) ongoing efforts to combat harmful tax practices under Action 5 of the Base Erosion and Profit Shifting (“BEPS”) project.
Since a number of years, the European Union publishes a list that focused on jurisdictions which may potentially be harmful to the fiscal interests of the Member States of the European Union (“EU Blacklist”). This blacklist included countries like the Bahamas, Bermuda, the British Virgin Islands (BVI), Cayman Islands, Guernsey, Isle of Man, Jersey and the UAE. In an attempt to see itself removed from the EU Blacklist, the UAE introduced Economic Substance Regulations (“ESR”) with effect from 30 April 2019. In the same year, Bahrain also introduced ESR Requirements with the same purpose.