
A UAE tax residency certificate (TRC) is issued by the Federal Tax Authority (FTA) through EmaraTax to individuals and companies that meet UAE tax residence rules. Indians in the UAE use it mainly to claim India–UAE DTAA benefits. For treaty use, an individual generally needs 183 days in the UAE in the calendar year.
Key points
Domestic eligibility comes from Cabinet Decision No. 85 of 2022: three routes for individuals, and incorporation or effective management for companies.
For India–UAE treaty claims, the treaty's own test applies: 183 days in the calendar year for individuals, and incorporation plus management and control wholly in the UAE for companies.
FTA fees are a non-refundable AED 50 submission fee plus AED 500, AED 1,000 or AED 1,750 depending on who applies, and AED 250 per printed copy.
A TRC covers a past or current period of up to 12 months, never a future one, so you need a new one each year.
To claim treaty relief in India, give the TRC to the payer and file Form 41 under section 159 of the Income-tax Act, 2025.
If you have just moved or are about to, our guide to moving to Dubai from India covers Indian residential status, NRI status and your Indian company first.
A TRC is an official certificate from the FTA confirming that a person is a UAE tax resident for a stated period. It comes in two types: one for a specific double taxation agreement (DTA), naming the other country, and one for other purposes, such as banks or foreign authorities that ask for proof of residence.
For Indians, the DTA version matters most, because Indian payers apply treaty rates only on proof of treaty residence.
The FTA applies Cabinet Decision No. 85 of 2022, effective 1 March 2023, for domestic residence. For a DTA certificate, it also applies the residence article of that treaty.
Individuals. Under Article 4 of Cabinet Decision 85, you are a UAE tax resident if any one of these applies:
you were physically present in the UAE for 183 days or more in the relevant 12 consecutive months;
you were present for 90 days or more, are a UAE or GCC national or hold a valid residence permit, and have a permanent place of residence or employment or business in the UAE; or
your usual or primary place of residence and centre of financial and personal interests are in the UAE.
The India–UAE treaty is stricter. Article 4(1)(b) of the India–UAE DTAA treats an individual as a UAE resident only if present in the UAE for at least 183 days in the calendar year concerned. A professional who meets the 90-day domestic route can get a domestic TRC but may not qualify for India treaty relief. Our guide to the India–UAE DTAA covers the rest of the treaty.
Companies. A company incorporated in the UAE, including in a free zone, is a UAE tax resident, as is a foreign company that is a Resident Person under the corporate tax law because it is effectively managed and controlled in the UAE. A UAE branch of a foreign company is not.
For India treaty purposes, a company must be incorporated in the UAE and "managed and controlled wholly in UAE". A Dubai company whose decisions are in practice taken in India may fail this test, which is the same issue as place of effective management.
The FTA's Tax Resident and Tax Residency Certificate guide (October 2024) lists the usual documents. The FTA can ask for more.
Applicant | Typical documents |
|---|---|
Individual, 183 days or more | Emirates ID and residence visa, or passport copy with an entry and exit report from the Federal Authority for Identity and Citizenship |
Individual, 90 to 182 days | As above, plus proof of UAE employment or business (for example a salary certificate) or proof of a permanent place of residence (for example a certified tenancy contract or title deed with a utility bill) |
Individual, centre of interests | Identity documents, a written statement explaining why your financial and personal interests are in the UAE with evidence, proof of primary residence, and proof of income where relevant |
Company | Trade licence and lease, corporate tax TRN if any, certificate of incorporation, certified Memorandum of Association, authorised signatory's details and authority, and a statement on effective management and control in the UAE where relevant |
Applications are made online on EmaraTax. The FTA's guide sets out these steps:
Log in to EmaraTax or create an account.
Choose "Other services", then "Tax Residency Certificate".
Select your corporate tax TRN, or "No TRN" if you do not have one.
Choose a DTA certificate and select India, or a non-DTA certificate.
Select the period, complete the form and upload documents. You can also ask the FTA to stamp a foreign form here.
Pay the AED 50 submission fee and submit.
Once approved, pay the processing fee within 30 business days, then download the certificate.
The FTA generally responds within 10 business days of a complete application. If it asks for more information, you have 30 business days to reply.
Fees are set by Cabinet Decision No. 65 of 2020 and listed in the FTA guide. All are non-refundable, and a company already registered under the UAE corporate tax rules pays the lower processing fee.
Fee | Amount |
|---|---|
Submission fee, every application | AED 50 |
Processing fee, applicant registered with the FTA for corporate tax (has a TRN) | AED 500 |
Processing fee, individual not registered with the FTA | AED 1,000 |
Processing fee, company not registered with the FTA | AED 1,750 |
Printed copy, delivered in the UAE | AED 250 per copy |
A TRC covers the period you select: a tax period or another 12-month period. It cannot cover a future period or more than 12 months, so you need a new certificate for each year.
Timing differs by applicant. Individuals can apply for the current period as soon as they meet the criteria. Companies can apply for the current period only after three months of it have passed, and a new company that has not yet filed a corporate tax return must have existed for 12 months before applying.
Watch the calendars. India's tax year runs April to March, while the UAE certificate for an individual usually covers a calendar year. A dividend paid in February 2027 falls in India's tax year 2026-27 but in the UAE's 2027 calendar year, so the certificate you hold must cover the date of payment.
Section 159(8) of the Income-tax Act, 2025 says a non-resident can claim treaty relief only if it obtains a TRC from its country of residence and provides prescribed information. That information is filed online in Form 41, which replaced Form 10F.
In practice, a UAE-resident founder receiving dividends from an Indian company gives the company a copy of the TRC, the Form 41 acknowledgement and a declaration of beneficial ownership. The company can then withhold at the treaty rate, capped at 10% for dividends, rather than the domestic rate.
A TRC is necessary but not always sufficient. Indian tax authorities can still look at beneficial ownership, the treaty's limitation of benefits clause in Article 29, and the Principal Purpose Test. A certificate obtained after a short stay just before a large share sale is the classic case for review.
For a UAE subsidiary of an Indian company, the same paperwork applies to interest, royalties and service fees it receives from India. Our guide on dividends, service fees and royalties between India and the UAE compares the routes.
Most rejections come down to evidence rather than law:
Fewer than 183 days in the calendar year for an India DTA certificate.
An entry and exit report that does not cover the full period applied for.
A new company applying before it has existed for 12 months or filed a corporate tax return.
A company with a trade licence but no real office, staff or decision-making in the UAE, which also fails economic substance expectations.
Founders who sign everything from India, so the company is not managed and controlled wholly in the UAE.
A TRC records a fact; it does not create one. If you live in Dubai and your company is run from Dubai, it is a routine annual filing. If not, no paperwork will make it hold up when an Indian assessing officer asks questions.
Before applying, ask three questions. Do your days and your life actually sit in the UAE for the treaty's calendar year? Is your UAE company managed there, with the board and the general manager deciding locally? And do the Indian payments you want relief on match the period your certificate covers? Our article on how founder behaviour quietly shifts tax residency explains where these answers usually break.
Author – Team Greenwolf
10 October, 2026 | 9 Min Read
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