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Can Offshore Companies Still Own Property in Dubai, & Why the DIFC Foundation Is Now the Smartest Vehicle for UAE Property Investors

posted 1 month ago

The UAE remains one of the most attractive real estate markets in the world — driven by a diverse international population, investor-friendly policies, and rental yields that consistently outperform London, Singapore, New York and Hong Kong.

Traditionally, many investors used offshore companies to purchase property in Dubai and Abu Dhabi. But in 2025, the landscape has changed:

  • The UAE corporate tax regime is now fully implemented
  • AML and UBO reporting standards are far stricter
  • Global banks scrutinise offshore structures more than ever
  • Succession, inheritance and tax planning require compliant solutions
  • DIFC Foundations have emerged as the new gold standard for property ownership

This article explains how property ownership works today, why offshore companies are no longer the default option, and why DIFC Family Foundations have become the most popular structure for holding UAE real estate – particularly for families, international investors and high-net-worth individuals. 

Offshore Companies: Still Relevant, But No Longer the Best Option

Offshore companies (e.g., RAK ICC, BVI, Cayman) have historically offered:

  • Confidentiality
  • Zero personal income or capital gains tax
  • Ease of incorporation
  • Simple reporting
  • 100% foreign ownership
  • Asset protection

While these advantages still apply, offshore companies face new realities: 

  1. UAE Corporate Tax Applies (9% on profits)

Offshore entities are not UAE-resident for tax purposes – but rental income, capital gains, and operational profits from UAE property are now subject to UAE corporate tax unless a specific exemption applies. 

  1. Banks heavily scrutinise offshore property-holding structures

Many UAE banks require:

  • Enhanced due-diligence
  • Source of funds checks
  • UBO verification
  • Proof of economic substance

Some now refuse mortgages to offshore companies entirely. 

  1. Succession can be complicated

Offshore companies typically require:

  • Corporate resolutions
  • Share transfers
  • Probate depending on jurisdiction

This can slow down inheritance transfers dramatically. 

  1. DLD restrictions

Not all offshore companies can own property in every freehold area.
They must be from approved jurisdictions (e.g., RAK ICC, JAFZA Offshore, DIFC).

For these reasons, savvy investors are moving toward onshore private wealth vehicles – specifically the DIFC Family Foundation. 

The DIFC Family Foundation:

The New #1 Structure for UAE Property Ownership

Over the past 24 months, the DIFC Foundation has become the most popular vehicle for:

  • Holding real estate
  • Asset protection
  • Succession planning
  • Family governance
  • Tax optimisation

And most importantly – applying for tax exemption under the UAE Corporate Tax Law. 

What Is a DIFC Foundation? 

A DIFC Foundation is a legal entity created under DIFC law that allows individuals or families to hold and protect assets. It acts similarly to a trust, but with a stronger legal structure and clearer governance. 

Key functions for property owners:

  • Own real estate in Dubai (DLD-approved)
  • Hold shares in companies
  • Manage global investments
  • Implement succession planning
  • Protect assets from personal liabilities
  • Centralise family wealth under one board

Unlike a company, it has no shareholders – only a founder, council and beneficiaries.

This makes it extremely stable for long-term wealth management. 

Tax Advantage: DIFC “Family Foundation” Exemption (0% Tax)

This is the game changer.

Under UAE Corporate Tax Law (Federal Decree-Law 47/2022), a DIFC Foundation used for family wealth can apply for “Family Foundation Transparency Treatment”, which:

  • Reduces UAE corporate tax on property income from 9% → 0%

Once approved, the foundation is treated as a transparent vehicle, meaning:

  • Rental income
  • Capital gains
  • Property sale profits

…are attributed to the individual beneficiaries – who, as natural persons, pay 0% tax on passive income under UAE law. 

This is now the preferred setup for: 

  • Families holding multiple properties
  • Investors with large rental portfolios
  • High-value villa owners
  • Non-resident investors wishing to eliminate UAE tax exposure
  • Those planning inheritance and succession strategies

This exemption is not automatic – you must register for corporate tax, and then apply for the exemption through the Federal Tax Authority (FTA), and the structure must meet strict criteria. 

Knightsbridge Group handles this process end-to-end. 

Why DIFC Foundations Are Increasingly Preferred Over Offshore Companies 

  1. Tax optimisation (0% vs 9%)

Offshore property-holding companies pay 9% corporate tax on UAE-source income.
A DIFC Family Foundation – once approved – pays 0%. 

  1. Superior succession planning

A foundation avoids:

  • Probate/Forced heirship
  • Court delays
  • Share transfers
  • International legal conflicts

Assets pass seamlessly according to the foundation charter.

  1. Stronger asset protection

Property held in a foundation is legally separate from:

  • Personal creditors
  • Business disputes
  • Lawsuits
  • Marital disputes (depending on structuring) 
  1. Bank-friendly

Most UAE banks:

  • Understand DIFC Foundation structures
  • Provide mortgages to foundations
  • Prefer them to offshore companies or Trusts

This is a major advantage. 

  1. Highly respected by global authorities

DIFC operates under:

  • English common law
  • A world-class regulatory environment
  • International compliance standards

This makes it safer than Caribbean or remote island offshore entities. 

What Types of Property Can a DIFC Foundation Own?

A DIFC Foundation may purchase any freehold property in Dubai (subject to DLD process), including:

  • Villas (Palm, JGE, Dubai Hills, District One etc.)
  • Luxury branded residences
  • Apartments (Marina, Downtown, Emaar Beachfront)
  • Off-plan properties
  • Commercial units
  • Entire property portfolios

DIFC Foundations are approved ownership structures by both:

  • Dubai Land Department (DLD)
  • Dubai International Financial Centre (DIFC)

Benefits of Using a DIFC Foundation to Hold UAE Property 

0% Tax (If Family Foundation Exemption Granted)

The single biggest benefit. 

Full foreign ownership

No local partner required. 

Lifetime succession structure

No probate.
No forced-heirship rules.
No cross-border legal complications. 

Confidentiality

Your name does not appear on title – the foundation does. 

Strongest asset protection in the region

A foundation ring-fences assets from personal risk. 

Onshore credibility (not offshore uncertainty)

Banks, regulators and institutions prefer onshore DIFC vehicles. 

Ideal for multi-jurisdictional families

Foundations work perfectly for families with:

  • assets in multiple countries
  • heirs in different jurisdictions
  • complex inheritance needs
  • global business interests 

Offshore Companies vs DIFC Foundations: A Quick Comparison 

Feature Offshore Company DIFC Foundation
Corporate Tax 9% on UAE property income 0% (if exemption granted)
Succession Requires share transfer Automatic inheritance
Privacy Medium High
Banking Ease Moderate/Declining Excellent
Asset Protection Good Excellent
Regulatory Strength Varies by country World-class (DIFC)
Best for Simple holdings Family wealth + long-term strategy
 

 

Why Knightsbridge Group Leads in DIFC Foundation Structuring

Knightsbridge Group is one of the region’s most experienced advisors for:

  • DIFC Foundations
  • RAK ICC structures
  • UAE Corporate Tax optimisation
  • High-value real estate transactions
  • Multi-generational succession planning
  • Global tax coordination

Our expert team handles everything:

  • Foundation setup
  • Tax exemption application (FTA)
  • Property acquisition & DLD process
  • Banking and compliance
  • Ongoing administration and reporting
  • Integration with offshore/onshore structures
  • Succession and inheritance guidance

With over 200+ years of combined advisory experience, we provide a complete, future-proof structuring solution for investors and families around the world. 

Take Control of Your UAE Property Strategy

Your structure is just as important as the property you buy.

If you want:

  • 0% tax
  • Seamless succession
  • Privacy
  • Asset protection
  • Bankability
  • And long-term security

…then a DIFC Family Foundation is the optimal solution in 2025.

Speak to Knightsbridge Group today to begin structuring your UAE property holdings the smart, compliant and tax-efficient way.

We look forward to guiding you.

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Can Offshore Companies Still Own Property in Dubai, & Why the DIFC Foundation Is Now the Smartest Vehicle for UAE Property Investors

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