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Holding UAE Real Estate Through RAK ICC

· 6 min read · By Aureus Worldwide

Holding UAE Real Estate Through RAK ICC

Owning property in the UAE through an offshore company is a well-trodden path, and the RAK International Corporate Centre is one of the vehicles used for it. Holding UAE real estate through RAK ICC can simplify succession, keep ownership private and consolidate a portfolio in one place, but it comes with a land-department approval question and a Corporate Tax trade-off that make it a decision to take with eyes open. This guide sets out the genuine benefits, the practical hurdles, and the tax reality of holding property through a RAK ICC company, so you can weigh it honestly against owning in your own name.

Why hold property through a RAK ICC company

Individuals often hold UAE property personally without difficulty, so the case for a company has to earn its keep. The main reasons families and investors use a RAK ICC company are:

  • Succession without re-registering title. When property sits inside a company, passing it on means transferring shares, not re-registering the property itself. That can avoid the delay, publicity and forced-heirship exposure that personally held property faces on death, a theme explored in our guide to RAK ICC for estate and succession planning.
  • Privacy. RAK ICC does not maintain a public register of owners, so the individuals behind the company are not on public display, while remaining fully visible to the authorities.
  • Consolidation and co-investment. A single company can hold several properties, and multiple investors can hold defined shareholdings in one vehicle rather than being registered jointly on each title.
  • Separation from the personal estate. The asset belongs to a distinct legal person, which is the foundation of most holding company planning.

The land-department question

This is the first practical hurdle, and it must be resolved before anything else. Real estate is regulated locally, so whether a RAK ICC company can hold a particular property depends on the rules of the relevant land department and the location of the asset:

  • In Ras Al Khaimah, a RAK ICC company can hold property subject to the local land department's rules.
  • For property in Dubai's designated freehold areas, acceptance of a RAK ICC company for direct ownership has varied over time and must be confirmed with the Dubai Land Department. Historically, a JAFZA offshore company has been the more established offshore vehicle the Dubai Land Department accepts for Dubai freehold, a key point in our RAK ICC vs JAFZA offshore comparison.

Never assume a given offshore vehicle will be accepted for a given property. Confirm the current position with the relevant land department, through your registered agent and legal counsel, before you commit to a purchase or a structure.

The Corporate Tax trade-off, read this carefully

This is the single most important point, and it is frequently misunderstood. Holding property through a company changes its tax treatment:

  • An individual who earns UAE real estate income in a personal, investment capacity is often outside the scope of UAE Corporate Tax on that income.
  • A RAK ICC company is a UAE-incorporated Resident Person, so the rental income and gains it earns are generally within the scope of Corporate Tax, 0% on taxable income up to AED 375,000 and 9% above.

In other words, moving a property into a company can convert income that would have been untaxed in an individual's hands into income within the Corporate Tax net. That does not make company ownership wrong, the succession, privacy and consolidation benefits can outweigh it, and reliefs and deductible costs affect the actual liability, but it must be quantified before you decide. Our guide to Corporate Tax for real estate and our tax service work through the numbers. Note too that the Qualifying Free Zone Person 0% regime does not apply, because a RAK ICC company is not a free zone company.

VAT and property

Real estate also has a VAT dimension that depends on the type of property. Broadly, the first supply of new residential property is zero-rated and subsequent residential supplies are exempt, while commercial property sales and leases generally attract VAT at 5%. Whether the company needs to register for VAT depends on its supplies and turnover. Build this into the plan rather than discovering it later; our accounting and tax teams handle the classification.

Financing and mortgages

If you intend to leverage the property, check financing first. Lending against a property held by an offshore company can be more restrictive than a straightforward personal mortgage, and not every lender will finance an offshore vehicle. Where financing is available, terms and loan-to-value may differ. If a mortgage is central to your plan, confirm appetite with lenders before choosing the structure, because the ownership vehicle can affect what financing is on offer.

Economic substance, UBO and ongoing compliance

A property-holding company still carries the standard obligations. Holding real estate can bring the company within the Economic Substance Regulations depending on what it does, it must disclose beneficial owners under Cabinet Decision 58 of 2020, and it must keep proper accounting records of the property, its income and its costs. It must also be renewed annually through its registered agent. Our ESR reporting, UBO consulting and accounting services keep these current, so the structure stays in good standing with banks, buyers and the authorities.

Transfer costs and exit

Two further practicalities shape the decision. First, acquiring or transferring property attracts land-registration transfer fees, which can be significant; confirm the current rate with the relevant land department, and factor it into both entry and any future restructuring. Second, think about exit at the outset: selling shares in the property-holding company can be a cleaner route than selling the property itself, but its feasibility depends on buyer appetite and the land department's rules on share transfers of property-owning companies. Planning the exit when you plan the entry avoids being locked into a structure that is awkward to unwind.

Is holding property through RAK ICC right for you?

It tends to suit those whose priority is succession, privacy and consolidation across a portfolio, who value passing property by share transfer, and who accept the Corporate Tax consequences of corporate ownership. It tends not to suit someone holding a single home whose income would otherwise be untaxed in their personal hands and who gains little from a corporate wrapper. As always, the answer turns on the specific property, the family's objectives and the land department's current rules, and it is a decision to make with tax and legal advice, not on a general rule of thumb.

How Aureus Worldwide can help

Aureus Worldwide helps clients decide whether holding UAE real estate through a RAK ICC company is the right structure, and coordinates its formation through licensed registered agents via our company formation team. Our core value is the ongoing work: quantifying the Corporate Tax impact of corporate ownership, handling VAT classification, keeping proper accounting for the property and its income, and maintaining UBO and economic substance reporting. Aureus is a Dubai-based accounting and advisory firm, it is not a law firm and does not provide legal, conveyancing or property-title advice, so the purchase, title and land-department approvals are handled by your legal counsel and registered agent while we own the numbers and compliance, and we confirm the registry's and land department's changeable rules before you commit. To structure a property holding, contact us.

Frequently asked questions

Can a RAK ICC company own property in the UAE?

A RAK ICC company can hold real estate in Ras Al Khaimah and, in designated areas and subject to the relevant land department's approval, elsewhere in the UAE. Acceptance for directly holding Dubai freehold has varied over time, and a JAFZA offshore company is the more established route the Dubai Land Department has traditionally accepted. Always confirm the current position with the relevant land department before acquiring property.

Why hold property through a RAK ICC company instead of personally?

Holding through a company means succession is handled by transferring shares rather than re-registering title, which can ease probate and forced-heirship friction; it keeps ownership off the public eye; it allows several investors to hold defined shares; and it separates the asset from your personal estate. The trade-off is that a company is within the scope of UAE Corporate Tax on its property income, whereas an individual holding property personally often is not.

Does a RAK ICC company pay Corporate Tax on rental income?

Generally yes. A RAK ICC company is a UAE-incorporated Resident Person, so rental income and gains it earns from UAE property are within the scope of Corporate Tax, taxed at 0 percent up to AED 375,000 of taxable income and 9 percent above. By contrast, an individual earning UAE real estate income in a personal capacity is often outside Corporate Tax. This difference is central to deciding how to hold property.

Can you mortgage a property owned by a RAK ICC company?

Financing property held by an offshore company can be more restrictive than financing a personally owned home, and not every lender will offer a mortgage to an offshore vehicle. Where financing is available, terms may differ. Confirm the position with lenders before assuming a property can be leveraged, and factor this into the decision to hold through a company.

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