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Applicability Acid Test
         5    Shipping Business                                                                          (s)    in
                                                                                                       for Cargo or
                                                                                    Passengers
              We are shipping agents who provide clearing and forwarding   No
              services
              We operate a ship in UAE                                     No
              We operate leisure ships and private yachts and give ships   No
              on rental
                                                                           Yes
         6    IP Business                                                           Holding IP  rights  and earning

              We hold IP for our own brands and use for our own business   No
              We have IP rights and we generate revenue by way from        Yes

              High Risk IP                                                          A) Did not create IP, B) acquired
                                                                                    from a group company,   C)
                                                                                    Licensed or  sold to  a  group
                                                                                    company
              We acquired IP from a group company                          Yes
              We license IP to group companies and charge                  Yes
              royalty/franchise fee
              We hold IP but we do not carry out                           Yes

         7
                                                                                    interest              from

              We provide loans, lease assets for a                         Yes
              We do not charge interest. We charge only a ‘fee’            Yes
                                                                           No
              We are only lending to our group companies and charge        Yes
              nominal interest regularly
              We charge interest to customers for late payments            No

         8    Banking Business                                                      Making  and giving  loans-
                                                                                    Generally     licensed     as
                                                                                    Commercial Bank
              We accept deposits and lend money                            Yes
                                                                           No
         9    Insurance Business
                                                                                    policies-Regulated  by    UAE
                                                                                    Insurance authority
              We are insurance brokers                                     No
                                                                           No
              We issue Insurance policies and accept insurance claims      Yes

                                  Check the following table
                             Scenarios                                      ESR return
         1                              N                    o                 No
         2                       out, but no income        Yes                 No
              earned
         3                                                 Yes                Yes
              earned
          Disclaimer:
         This article and/or write ups and/or any of its content shall not be treated as opinion and/or advice in any circumstances of the author(s) and/
        or the Chapter. Reader’s to apply their best judgement in the best interest of their requirement and should seek a formal opinion on any issue.  CA Naseer Mohammed


         48   TAX JOURNAL 2020                The Institute of Chartered Accountants of India (Dubai) Chapter NPIO
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