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Uruguay tax and-investment-profile


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Uruguay tax and-investment-profile

  1. 1. Uruguay: Tax andInvestment ProfileMarch, 2011
  2. 2. 2 | © Deloitte S.C.
  3. 3. Welcome to UruguayNowadays in a world of uncertainty, where the economic recuperation of the developedregions seems questionable, Latinamerica emerge such a rich region in businessopportunities. And within this region is Uruguay, a very small country, but with greatpotential in business.Historically, its size and excellent geographical location have contributed to a relationshipwith the outside, not only with its bordering countries, but also with countries at the otherside of the globe. Today, the increasing globalization and the economic opening give newimpetus to Uruguay and its economy.The political, economic and social stability of Uruguay is the cornerstone of thisexceptional business climate that prevails today. Historically, the legal certainty providedby this country and the national development policies that transcend political parties, arethe fundamentals of Uruguay in its career to keep the excellent growing levels that haveachieved in the last years.This, combined with a modern investments law that is specific and transparent, thatprovide important benefits to the new investments, locals and foreign, generates anexceptional setting to invest in Uruguay.With more than 90 years of continuous presence in Uruguay, in Deloitte we have a teamhighly professional and prepared to attend the questions, concerns and needs of theinvestors who want to settle in this country. Therefore we are pleased to present you abrief summary of some relevant aspects about Uruguay, its economy, its people and its taxand regulatory framework.We are available to answer your concerns and attend you.Once more, welcome to Uruguay.Alfonso LemaManaging Partner © Deloitte S.C. | 3
  4. 4. ContentsWelcome to Uruguay 3The investment climate 5Foreign investment 9Choice of business entity 11Business taxation 13Personal taxation 21Labour relations and workforce 25General Information 28Our Services 29Contact us 314 | © Deloitte S.C.
  5. 5. The investment climate1 Political backgroundUruguay is a democratic republic organized under a presidential system. The president isdirectly elected by the national electorate for a term of 5 years, and may not be reelecteduntil after a span of one term. José Mujica is currently the official Uruguayan President.The next elections are due to be held in November 2014.Executive, Legislative and Judicial are the three independent branches that are part of thestate. The Executive Branch is held in the hands of the President and his cabinet ofMinisters (13). The Legislative Branch rests with the parliament, which is composed of thesenate (31 members) and the chamber of representatives (99 members).The JudicialBranch is headed by the Supreme Court of Justice.Each of the above branches is autonomous as regards the duties entrusted to them by theConstitution.2 Economic structureSince the return of Uruguay to democracy by mid 80´s, at a regional level Uruguay standsout for its political, social and economical stability. Uruguay is an open country to foreigntrade investment. Among other elements, Uruguay offers to the investor: free transfer ofcapitals and goods, freely-exchangeable currency, no restrictions to the import of goodsand no discrimination between local and foreign investors. Additionally, there isframework of high legal security and a sound financial system, controlled by the CentralBank of Uruguay.Even though the global economy experienced in 2009 the most significant contraction indecades, Uruguay avoided recession and GDP grew by 2.9% in that year (annual average).Moreover, the Uruguayan economy gained momentum in 2010 and is expected to expandby 8.3%. In line with this dynamism, labour market remained strong and theunemployment rate kept in historical low levels (below 7%). 2010* Uruguay Argentina2 Brazil Chile GDP (US$ Bn) 40,8 336,2 2.026,0 204,3 GDP/head (US$ at PPP) 14.385 14.943 11.405 15.247 Consumer price inflation (end-period, %)¹ 6,9 26,4 5,9 3,0 Current-account balance (US$ Bn) 0,3 5,0 -50,0 -2,1 Export of goods FOB (US$ Bn) 6,6 68,8 201,9 61,1 Import of goods FOB (US$ Bn) 7,8 54,3 181,6 53,5* Deloitte forecasts | ¹ Closing figures. | ² Inflation refers to private agents estimates. © Deloitte S.C. | 5
  6. 6. Uruguay is an attractive country to perform new investment operations. Taking inconsideration the annual global competitiveness report made by World Economic Forum in2010-2011 (record 133 countries), Uruguay ranked at 64th remaining stable since thereport of 2009-2010 in the global ranking, sharing the “transition from 2 to 3” stage withChile, Puerto Rico, Barbados, Croatia and Hungary. In face of recent severe globaleconomic downturn, Uruguay shows a strong and real consolidation performance in LatinAmerica and Caribbean countries.Uruguay has achieved significant advances in various areas, including infrastructure,macroeconomic stability, higher education and training, and technological readiness.Strides toward macroeconomic stability have also been made in recent years, notably witha significant reduction of public debt levels in the last few years.Source - World Economic Forum - The Global Competitiveness Report 2010-2011Source - World Economic Forum - The Global Competitiveness Report 2010-20113 Banking and financingUruguay’s financial centre is Montevideo, the national capital. Departments or statecapitals play only minor roles as the headquarters for some of the important state ownedbanks.During 2010 the banks’ activity level kept growing as in previous years. Both, the businessvolume and the assets grew at a good pace, 16.8% and 18.7% respectively.There was a slight increase in the liquidity during the year. Furthermore, net performingloans to the non-financial sector grew by 17.6% in 2010, climbing by 13.4% in the lastquarter.Liabilities with the non-financial sector grew by 2.9% in the last quarter, deriving in an6 | © Deloitte S.C.
  7. 7. annual growth of 16.4%. Liabilities with resident agents grew at a faster pace than thosewith non residents during 2010.At the end of 2010 private banks net equity grew by 4.9% measured in dollars and by7.4% measured in Uruguayan pesos. Besides, after showing a negative balance in 2009,private banks’ net income amounted to US$ 26 million in 2010.4 Foreign tradeThe key to the last years’ growth has been the trade opening to the most diverse worldmarkets such as taking active part of an economic community jointly with Argentina,Brazil and Paraguay called MERCOSUR – Common Southern Market.The agreement provides free circulation of goods, services and productive factors withinthe MERCOSUR territory, being the main objective the integration of all members. All theseattained through a progressive elimination of tariff and non tariff barriers and a CommonExternal Tariff agreed by all members for almost all goods and products introduced intothe MERCOSUR area.Leading export markets: Brazil, Argentina, China, the US and the EU.Major exports: beef, processed rice and wool, hides and skins, milk product, honey, cerealsand barley. Uruguay places few restrictions on foreign investors. A foreign-ownedcompany may locate anywhere and receive local treatment. © Deloitte S.C. | 7
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  9. 9. Foreign investment1 Foreign investment incentives and restrictionsGovernment encourages foreign investment offering utmost guaranties and setting outprinciples which may be summarized in:– National Interest: investments in national territory are declared to be of national interest;– Non discrimination: domestic and foreign investors are treated equally;– Requirements: foreign investors are not required prior authorization or registration;– Treatment: the Government commits to granting fair treatment to investments, without unjustified prejudicial or discriminatory measures;– Free transfer of capitals: the State guarantees the transfer of capital and profits abroad in freely-exchangeable currency – no restrictions towards imports or capital repatriation.Industrial Promotion LawVarious incentives are available under the Industrial Promotion Law to projects orindustries. Beneficiaries from this regime are companies whose investment projects oractivity sector in which they carry out business are declared promoted by the ExecutiveBranch, as set forth by the Investments Law.The underlying principle of the investments regime is a win-win scheme, in which theinvestor’s profits are assured by elements of legal security and transparency, as well as byimportant tax incentives whereas, the State “wins” due to the investment itself, not onlyfor the amounts invested but also by the social, economic, environmental andtechnological impact they generate in Uruguay.There shall be deemed as eligible investments the acquisition of:– Movable goods directly destined to the activity of the company (except for non-utilitarian vehicles and goods destined to residence).– Fixed improvements (except those destined to residence).– Intangible goods determined by the Executive Branch (not including software).An additional condition is set out for these acquisitions, and it is that their destination is toform part of the company’s fixed and intangible assets.Inversions should aim at employment generation, decentralization, exports increase, use ofclean technologies, increasing national added value, impact on the economy and/orincreasing research, development and innovation. © Deloitte S.C. | 9
  10. 10. Applications for these benefits must be filed before the Investor’s Attention Office in theMinistry of Tourism. The project is evaluated by a Commission specially created for thepurpose which advises the Executive Branch on the promotion of the projects.All projects which have been declared promoted shall enjoy the tax benefits stated in thecorresponding resolution which may include: exemption from import duties on fixedassets required for the project, exemption from Net Worth Tax (IP) for a limited number ofyears and relief from Corporate Income Tax (IRAE).Regarding IRAE, the amount and the period of the benefit depends on the score that theproject receives from the Commission. The score is given according to the size of theproject, amount invested and achievement of certain aims established by the government.Exemption from IRAE can be of up to 100% of the amount invested for 3 to 25 years.Free ZonesGoods and raw materials may be imported into the free zones without paying customsduties. Businesses establis¬hed in the free zones are wholly exempt from Uruguayan taxes,except for social security taxes, provided at least 75% of the workforce is Uruguayan.Despite the exemption of Uruguayan taxes applied to Free Zones users, they are stillresponsible of withholding Non Residents Income Tax and Personal Income Tax whenapplicable.Reinvestment of IncomeIncome reinvested in machinery, equipment (including computer hardware) and somesorts of buildings and constructions is exempt from Income Tax within three limitations.Firstly, the exemption may not exceed 40% of the capital invested in case of machineryand equipment and 20% of that invested on buildings and construc¬tions. Secondly, it isalso limited to 40% of total taxable income of the year, not considering the exemption.The third limiting factor is the amount of book profits (including retained earnings), giventhat the exempt amount must be transferred to a non-distributable reinvestment reservewhich may only be destined to subsequent capitalization.2 Exchange controlsThe monetary unit is the Uruguayan Peso ($). Since 1974, there has been total freedom interms of exchange controls. Contracts may be drawn up in any currency. No restrictionsare imposed on the introduction of capital or the repatriation of capital or profits.The most commonly used foreign currencies are the U.S. Dollar, the Argentine Peso andthe Brazilian Real.10 | © Deloitte S.C.
  11. 11. Choice of business entity1 Principal forms of doing businessThe main forms of business organization in Uruguay are the corporation (sociedadanónima - SA), limited liability company (sociedad de responsabilidad limitada - SRL),general partnership (sociedad colectiva), limited partnership (sociedad en comandita), soleproprietorship (unipersonal) and branch of a foreign company. Foreign investors usuallychoose a corporation or a branch to set up a business in Uruguay.Generally, Uruguayan entities may be wholly foreign-owned, and there are no nationalityor residence requirements towards the directors of a corporation. Staff may be entirelyforeign. In certain sectors such as the fishing industry and businesses conducted by FreeZone companies, however, tax incentives may be granted only if Uruguayan citizensrepresent a certain percentage of the workforce.2 Establishing a branchCompanies willing to establish a branch in our country must register before the NationalRegistry of Commerce submitting the following documentation:– An authenticated copy of the Head Office’s bylaws and its subsequent modifications.– An authenticated copy of the Resolution of the Board of Directors from the Head Office deciding the establishment of a branch in Uruguay. The Resolution must specify the domicile of the branch in Uruguay, the persons appointed to administrate and represent it and the legal capital assigned to the branch. When the purpose is to benefit from the Free Zone Regime, such specific purpose of operating as a free zone user company needs to be included in the Resolution.After the registration, the branch must carry out the required publications according to thelegal form of the Head Office.All necessary forms shall be signed by authorized officers or directors in order to be filedbefore the corresponding control office (Tax Authority, Social Security Authority, etc.)In order to operate, according to our legislation, the branch needs to have a separateaccounting in Spanish, must comply with Administration controls for local companies anddesignated directors and officers shall have the same responsibility as that in localcompanies in terms of their liability. © Deloitte S.C. | 11
  12. 12. 3 Setting up a companyLimited liability partnership (SRL):– These entities are incorporated by a contract signed by the parties involved. It cannot be bought off the shelf. The contract has to meet certain specifications and needs to be registered and published. This procedure may last over a month.– The capital is divided into identical participations, which can be accumulated.– Partners’ responsibility is limited to the participations’ contribution.– Number of partners cannot be over 50.– Each partner has to contribute with at least 50% of the amount subscribed in cash by each of them. The contributions in kind have to be made when celebrating the contract.– Participations cannot be transferred to third without consensus of partners representing 75% of the capital (when there are more than 5 partners) or an agreement of all partners (when there are less than 5 partners)Corporation (SA):– These entities can be bought off the shelf in 48 hours. Subsequently, bylaws modifications can be made so that they fit the company’s requirements. In the case of incorporating a SA instead of buying it off the shelf, 3 months is the average period required.– The capital is divided into shares, and they can be represented by negotiable titles.– Shareholders’ responsibility is limited to the shares’ contribution.– Shareholders have to contribute with at least 25% of the authorized capital and have to subscribe what is pending to 50%.– There are no limitations to shares’ transfers.12 | © Deloitte S.C.
  13. 13. Business taxation1 OverviewUruguayan Tax System has been modified by Law 18.083 which came into force on July,1st 2007.Taxation is mainly regulated by the National Tax Code of 1996 and the decrees thatregulate the Code.Uruguay has adopted a territorial concept of taxation. This means that onlyUruguayan-sourced income is taxed, irrespective of the nationality, domicile or residenceof those who are part of the transactions and despite the place where the business takesplace. If the activities are developed, the services are provided or the goods are situated inUruguay, Uruguayan taxes have to be paid.2 Taxable income and ratesThe Corporate Income Tax (IRAE) levies on business income.Uruguayan entities, those that have been created according to Uruguayan Regulation, aretaxed by Corporate Income Tax (IRAE). Non-resident entities that obtain income through apermanent establishment (PE) in Uruguay are also taxed by IRAE. These entities, amongothers, are IRAE taxpayers for being such.However, this tax also levies on income arising from the joint use of capital and labourapplied to regular profit-oriented activities.Taxable income definedIRAE levies on net taxable income at a 25% rate. Taxable income for IRAE purposes isbasically net income shown by the companys books after making various tax adjustments,including an adjustment for inflation.Some IRAE taxpayers may opt to be taxed on real or presumed income if their annual salesare less than $ 8.556.000 (USD 427.800) for 2011. If their annual sales exceed thisamount, presumed income cannot be chosen. Under Real IRAE, the taxable basis is netincome considering real expenses. Under Presumed IRAE, the taxable basis is defined as apercentage of the gross income and no expenses can be deducted.Companies, whose total revenue does not exceed a certain annual limit, pay a flat tax © Deloitte S.C. | 13
  14. 14. instead of IRAE. This annual limit for 2011 has been set in $ 652.395 (USD 32.620) andthe flat tax has been set at $ 1.960 (US$ 98) per month.DeductionsAs a general rule, all necessary expenses to obtain and maintain taxable income aredeductible, when these are well-documented.Besides, only expenses that are taxed, for the one that receives the income, aredeductible. These expenses have to be taxed by Personal Income Tax (IRPF), Non ResidentsIncome Tax (IRNR), Corporate Income Tax (IRAE) or by an effective Income Tax abroad.Expenses’ percentage of deduction depends on the rate at which they are taxed. As bothIRNR and IRPF (Capital gains) rate is of 12%, the expense is a 48% deducted (12 / 25 -IRAE rate). If income is also taxed abroad, the expense can be deducted in the followingpercentage: (12 + Foreign Income tax rate) / 25.DepreciationDepreciation of tangible fixed assets is normally deductible for IRAE purposes using thestraight-line method. For urban and rural buildings, the straight-line rates admitted for taxpurposes are fixed at 2% and 3%, respectively. Brand new vehicles must be depreciated ina period of no less than 10 years. In the case of other assets, the tax authorities acceptany rates provided that they are reasonable and applied consistently from year to year.As a guideline, the most typical rates are 10% for automobiles, 10% for furniture andfixtures, 10% to 20% for machinery and equipment, and 20% to 33% for computers.Depreciation is computed on the historical cost of fixed assets as revalued at the end ofthe period by the variation on the wholesale price index occurred in the considered period.Intangible fixed assets, such as patents and trademarks, purchased from third parties maybe depreciated -at historic values- for tax purposes. The amortization of goodwill,however, is not deductible.LossesA tax loss incurred in one year, adjusted for inflation, may be carried forward to set offagainst taxable profits arising in the following five years. Losses cannot be carried back.Tax Adjustment for InflationTaxable income must include an adjustment to reflect changes in the purchasing power ofthe (Uruguayan) currency. Essentially, the difference between assets and liabilities adjustedat the beginning of the period is multiplied by the variation in the wholesale price indexduring the year. The taxpayer may opt for the variation in the consumption price index,but if this option is made, it is compulsory to maintain it for 3 years.If the amount of assets exceeds the amount of liabilities at the beginning of the year andthe change of the index is positive, the resulting amount is deducted from taxable income.On the other hand, if liabilities exceed assets, the resulting amount is added to the taxableincome. However, if the variation in the index is negative, the result is the opposite.Commercial Activity Abroad – Trading operationsThe Internal Revenue Service has established by resolution that Uruguayan-source incomearising from activities of intermediaries developed in Uruguay, is set in a presumed way.The Resolution applies to purchases and sales of goods situated abroad. Neither the14 | © Deloitte S.C.
  15. 15. country of origin or destination can be Uruguay, nor can the goods pass through Uruguay.The same applies to mediations in the provision of a service, only if the services areprovided and economically used abroad.Uruguayan-sourced net income is set at 3% of the difference between the sale andpurchase price of the goods and services in discussion. IRAE tax rate (25%) applies directlyover this amount. The tax does not admit extra deductions.This regulation also allows choosing between the above-mentioned regime and thedetermination of real net income of Uruguayan source.3 Capital GainsCapital gains are treated as ordinary business income and are subject to IRAE at thenormal rate (25%). © Deloitte S.C. | 15
  16. 16. 4 Withholding taxesNon Residents Income Tax (IRNR) is levied on Uruguayan source income obtained bynon-resident individuals or entities, as long as they do not operate in our country througha permanent establishment. The tax is withheld by the Uruguayan payer.Non-resident entities are those incorporated according to foreign regulations, as long asthey do not establish a domicile in Uruguay. Non-resident individuals are those who havenot been in Uruguay more than 183 days in a calendar year, or do not carry out their mainactivities in Uruguay, neither have their economical or vital interests in our country (there isan assumption that an individual’s vital interests are in Uruguay when the spouse andunderage children live here).The definition of Uruguayan-sourced income is the same given in the “Overview”.However, it is important to mention that, regarding this tax, it is also consideredUruguayan-sourced, income derived from technical services rendered abroad to CorporateIncome Tax (IRAE) payers. Technical services are the ones rendered in areas ofmanagement, technique, administration and advice of any kind.The IRNR general rate is 12%, although there are other reduced rates for specific types ofincome (3% and 5% on certain interests paid by banks). Additionally, the applicable ratefor dividends and profits paid or credited by IRAE taxpayers is 7% (they are only taxed ifthey correspond to income taxed by IRAE in the local entity).As a general rule, IRNR is withheld by local entities when payments of taxed income aredone to foreign entities or individuals. However, in those cases in which no withholdingagent has been designed, the non-resident should appoint a resident individual or entityto represent it towards the Uruguayan Tax Authority (DGI).5 Foreign income and tax treatiesForeign-sourced income is not subject to IRAE. As a result, direct expenses incurred by acompany to earn foreign-sourced income are non-deductible. A portion of indirectexpenses may also be non-deductible.Uruguay has signed double-taxation treaties with Germany, Hungary and Mexico. In allcases, the treaties basically limit the rate of Uruguayan tax on dividends, interests, androyalties paid to residents of the recipient countries. In the case of Hungary and Germany,the limit is set at 15% in all cases. In terms of technical assistance, the limit rate is fixed at10%. As regarding Mexico, the limit is set at 5% in the case of dividends and 10% forinterests and royalties.6 Transactions between related partiesTransfer pricingThe Tax Reform introduced transfer pricing rules, based on the OECD model. These newrules only apply to cross border transactions between “related parties” and transactionswith entities located in tax haven jurisdictions.The main characteristics of this regime are the following:– Transactions carried out between individuals or related entities must adhere to the market’s usual practices between independent parties.– Relationship is deemed to exist when a taxpayer performs transactions with non-resident individuals, entities or establishments, or with Uruguayan Free Zones Users, with which he/she may have corporate or economic relationship.16 | © Deloitte S.C.
  17. 17. – Transactions that taxpayers may perform with non-residents, located in low taxation jurisdictions or that enjoy a special regime of low or no taxation (whether related or not) will not be considered as adjusted to market’s usual practices and should apply transfer pricing rules.– All methods from the Organization for the Economic Cooperation and Development (OECD) are accepted. As for the preference for any of these methods, it shall be used the one that best fits the type of transaction.– Certain category of Taxpayers is required to submit to the Tax Administration, a transfer pricing report as well as a special Tax Return on an annual basis. Nevertheless, all taxpayers comprehended in the regime need to keep a transfer pricing analysis.– In exports or imports transactions of certain products (linseed oil, peanut and peanut oil, cotton oils, soybean and soybean oil, rice, malt, barley, corn, wheat among other) a special method is to be applied.Thin capitalizationThere are currently no thin-capitalization rules in Uruguay. However, the deduction ofinterests related with loans from a non-resident, is proportional to the rate to which theyare taxed (either locally or abroad).Controlled foreign companiesUruguay does not have CFC rules due to the fact that taxes are levied only onUruguayan-source income. Foreign income is exempt.Consolidated returnsUruguay does not have tax-consolidation rules. Each entity is taxed separately from otherrelated entities.7 Turnover and other indirect taxes and dutiesValue Added Tax (VAT)VAT is levied on sales of goods and rendering of services by independent workers inUruguay. Services rendered by employees are not subject to VAT.VAT is also levied on imports, for which it is necessary to pay an advance of sales VAT.VAT is generally paid monthly. A business may credit VAT paid on imports and purchasesfrom its suppliers (input tax) against VAT charged by it on sales of goods and services to itscustomers (output tax). Only the excess of output tax over input tax has to be paid to thetax authorities. If input tax exceeds output tax, the excess may be carried and appliedagainst future output tax.The standard rate is 22%. A reduced rate of 10% applies to sales of certain essentialgoods and to some services. The sales VAT advance paid in imports is fixed at 10% (forgoods taxed at the standard rate) and at 3% (for goods taxed at the reduced rate).A business that carries out exempt transactions does not have to charge VAT to itscustomers, but generally it cannot recover VAT paid on its purchases.This rule does not apply to exports. Exports of goods are exempt from VAT but theexporter may claim a refund for VAT paid on purchases. © Deloitte S.C. | 17
  18. 18. Excise taxesA specific consumption tax (IMESI) is levied at various rates on the first sale made byimporters and manufacturers of a certain range of products. These include certain alcohol,cosmetics, tobacco, fuel and automobiles.8 Other taxesPayroll and social security taxesEmployers have to withhold their employees’ social security taxes. They are also requiredto contribute a percentage of monthly payrolls to social security fund (12,625%). Employee Employer DIPAICO (1)(Retirement benefit contributions) 15% 7.5% DISSE (Medical insurance contributions) 3% - 4.5% - 6% (2) 5% (3) FRL (Fund for retraining the unemployed) 0.125% 0.125%(1)Those employees receiving monthly wages exceeding approximately USD 3.335 are only obliged to makeretirement benefit contributions up to this amount. Contributions with respect to the amount over USD 3.335 areoptional.(2)These percentages where increased by law so that underage children and disable people could have freemedical assistance. People in charge of underage children or disable people must contribute a 6%, those peoplewithout children or disable people must contribute a 4.5%, and those with a remuneration below $ 5.565(USD 278) a 3%.(3)If this percentage does not cover the corresponding private health fee, a supplementary health carecontribution must be paid. The monthly private health fee per employee is approximately USD 24.Net worth taxResident and non-resident entities are taxed on assets situated in Uruguay on December31st value according to fiscal regulations. Certain liabilities can be deducted from taxableassets.Tax payers are able to credit a 1% of the IRAE paid against their net worth tax liability. Theability to offset is available only to legal entities with nominative titles.Entities are taxed at a flat rate of 1.5%. Financial Institutions tax rate is 2.8%.An exemption was set on net worth of farms, and also on stocks owned by nonresidentsand placed in free ports or in free zones.Property Transfer taxReal estate sales trigger a property-transfer tax that levies on the real value of property ata 4% rate. The tax is paid by both the seller and buyer (2% buyer, 2% seller). The realvalue is determined by the municipal government.This tax applies also in the case of inheritance but with a 3% rate paid by the heirs.Farming goods sale taxNet income from agricultural and farming activities is taxed by the Economic ActivitiesIncome Tax (IRAE).Those small entities with agricultural activities can decide between paying IRAE or theFarming goods sale tax (IMEBA). This tax is much more simplified and the rate can sum upto 2.5% depending on the good sold.18 | © Deloitte S.C.
  19. 19. Corporate Control taxCorporations are subject to an annual tax (ICOSA) of $ 9.279 ( USD 464) which is fixedonce a year.9 Tax compliance and administrationThe tax year for IRAE purposes, if there is not an adequate accounting, shall coincide withthe calendar year (the year ending on December 31). If, however, a company keepsadequate accounting records, the fiscal year is the companys own financial year.IRAE taxpayers must file an annual tax return within four months following the end ofeach fiscal year. A company normally self-assesses its IRAE liability on this annual return.The tax authorities may make an assessment in certain circumstances, for example, whenthey doubt about the accuracy or truthfulness of a return, or they request but fail toobtain corrections or clarifications from the company.The statute of limitations is of five years from the end of the fiscal year. The term of fiveyears may be extended up to a maximum of ten in specific circumstances.Monthly advance payments have to be made based on the income tax of the previousyear. These payments are calculated by applying to each months income the percentagethat the tax paid on the previous year represents on the previous years total income.There is a minimum tax to be paid according to the sales of the entity, which varies from$2.550 to $6.400 (USD 128 to USD 320). These payments are deducted from the final taxcalculated at the end of the fiscal year, and only the difference has to be paid when filingthe annual return. © Deloitte S.C. | 19
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  21. 21. Personal taxationIndividuals in Uruguay are subject to income tax, net worth tax and social security taxes.Both resident and non-resident individuals are taxed on their Uruguayan-sourced income.As from 2011, however, residents are also taxed on holding income derived from loans,deposits and any kind of capital investment in non-resident entities (holding income doesnot comprise capital gains that derive from the sale of an investmentnor income receivedfrom the rent of a property).Residents are subject to Personal Income Tax (IRPF), while non-residents are subject toNon-residents Income Tax (IRNR). Uruguayan-sourced income is defined as that whichstems from activities developed, goods placed or rights used in Uruguay. It also includes,however, income received by employees of a local company (IRAE or IRPF taxpayer) whenworking abroad as well as that received by independent workers when providing technicalservices from abroad to an IRAE taxpayer.These taxes are applied on a dual basis:– Category I: Holding income and capital gains– Category II: Income derived from work (employees and independent workers).1 ResidencyAn individual is considered as resident if he/she has been in Uruguay for more than 183days in the calendar year, if the individual carries out activities in Uruguay or if his/hereconomical or vital interests are in Uruguay (there is an assumption that an individual hashis/her vital interests in our country when his/her spouse and underage children live here).The tax that has to be paid (IRPF or IRNR) depends on whether the individual is deemed tobe resident or nonresident.2 Taxable income and ratesPersonal taxes, 2010Holding income and capital gains are taxed at a flat 12% rate, with almost no deductions.There are some reduced rates (3% and 5%) for certain interests depending on thecurrency and term of the loan.Dividends and profits are taxed at a 7% rate but tax levies on those dividends related withincome locally taxed by Corporate Income Tax (IRAE). For instance, dividends derived fromforeign-source or exempt income are not taxed. © Deloitte S.C. | 21
  22. 22. Income derived from work is taxed at progressive rates (ranging from 10% to 25%). Thereis a non-taxable amount as well as some deductions admited.Below is the annual income scale applicable for income derived from work (employees orindependent workers). This scale is based on a variable unit called Contributions andBenefit Unit (B.P.C).USD %From 0 to 9.349 ExemptMore than 9.349 to 13.356 10%More than 13.356 to 20.034 15%More than 20.034 to 66.780 20%More than 66.780 to 133.560 22%More than 133.560 25%B.P.C. (USD) 111Exchange rate USD 1 = $UY 20It is important to mention that income has to be divided in these ranges and to each ofthem is applicable its specific rate (not the higher one to all the income).Determination of taxable incomeIn order to determine the taxable income for Category II, two amounts need to becalculated.The mentioned rates are applied to the gross income, whether received in cash or kind,and results in a “primary tax”. It is important to mention that independent workers’ grossincome admits a 30% deduction as notional expenses, so the rates are applied over the70% of the gross income.Social security taxes and a small fixed amount per child are allowed as deductions. Thefollowing scale has to be applied to these deductions, resulting in a “deductions tax”.USD %From 0 to 4.007 10%More than 4.007 to 10.685 15%More than 10.685 to 57.431 20%More than 57.431 to 124.211 22%More than 124.211 25%B.P.C. (USD) 111Exchange rate USD 1 = $UY 20Finally, the tax is the result of deducting the “deductions tax” from the “primary tax”.Regarding dependant workers, the tax to be paid by employees is withheld by theemployer and an annual adjustment must be done by the employer. Those employeesworking for only one employer and that are included in payroll in December of each year,are not obliged to file a tax return, but can do so if they want to. Likewise, those who donot meet these conditions, but have salaries under approximately USD 15.000 annually donot need to file a tax return either. Dependant workers have to fill in a form in which theyinform certain deductions that are admitted and the annual adjustment is considered a taxreturn.22 | © Deloitte S.C.
  23. 23. 3 Married couplesTaxpayers may opt between paying as an individual or joint taxation (husband and wife).In this last case, a different scale is applicable.USD %From 0 to 18.698 ExemptMore than 18.698 to 20.034 15%More than 20.034 to 66.780 20%More than 66.780 to 133.560 22%More than 133.560 25%B.P.C. (USD) 111Exchange rate USD 1 = $UY 20If one or both members – husband and wife – do not receive more than $ 57.588 (USD2.879) in the whole year, they can apply a more preferential scale.The scale applicable to deductions is also different in the case of joint assessment.4 Special expatriate tax regimeThere is not a special tax regime for expatriates. However, it is important to mention thatforeigners working in a Uruguayan Free Zone can opt out of the Uruguayan Social SecuritySystem.5 Wealth taxesAn annual Personal Net Worth Tax is imposed on residents and non-residents. The tax islevied on assets situated in Uruguay on the 31st December each year valued according tofiscal regulations. Only debts with local banks can be deducted from taxable assets.Married couples living together have the option for joint assessment. There is anon-taxable amount (USD 110.500) which is doubled for married couples.Individuals are taxed at progressive rates ranging from 0.7% up to 2%. © Deloitte S.C. | 23
  24. 24. 24 | © Deloitte S.C.
  25. 25. Labour relationsand workforce1 Visa and entry requirementsVisitors from most countries may enter freely without obtaining an entry visa. Work andresidence permits are extensively granted upon presentation of evidence of good conduct,good health and means of financial support.2 The labour marketThe labour market has shown a remarkable performance in the last few years. Despite theinternational crisis during 2008-2009, due to significant job creation the unemploymentrate continued to trend down firmly throughout that period and also in 2010. In fact, bythe end of last year the number of jobs reached a new record of 1.6 million, while theunemployment rate has stood slightly over 6% during since august (the lowest level in atleast 30 years).This improvement occurred in a context of strong economic growth which, at the sametime, enabled significant wage rises. Against this background, there are increasingrestrictions in finding talent, particularly with high educational level and in fields such asEngineering and IT fields.3 Employees’ rights and remunerationA minimum salary is set by law and is adjusted periodically by inflation. The legal minimumgross salary is approximately USD 300 per month.An annual bonus equivalent to approximately one months salary, normally payable in twoinstallments, is compulsory.Standard overtime is paid with a supplement of 100% of normal rates. However, overtimeon Sundays and public holidays has a supplement of 150% of normal rates.In practice, normal working hours per week are set at 44 for commerce employees and at48 for industrial workers.Public holidays for which employees are entitled to full pay are: January 1, May 1, July 18,August 25 and December 25.In addition, there are official holidays which are only paid if worked: Carnival (two days),Easter Week (two days), January 6, April 19, May 18, June 19, October 12 andNovember 2. © Deloitte S.C. | 25
  26. 26. Employees are entitled to annual paid vacations of at least 20 consecutive working daysupon completion of each year of service. One additional day is granted for every fouryears of service provided.In addition, a special vacation bonus must be paid before an employee leaves on vacation.This is equivalent to the net salary for the days on vacation.Vacations are not accumulative and must be taken within the 12 months following theperiod in which they were acquired.The full period of vacation may be split into two periods of not less than 10 consecutivedays upon agreement between the company and the employee.4 Wages and benefitsEmployers must contribute to the Social Security Fund with 12,625% of the employeesgross earnings. Besides, they have to withhold personal taxes from their employees’salaries.Capitalization of savings in personal accounts is mandatory.The State Social Security System provides coverage to the employees for medicaltreatment and hospitalization fees, maternity, disability, unemployment compensation,pensions and family allowances. It also provides medical assistance to all underagechildren and disabled people.Employers must insure their employees against work related accidents, and diseasesacquired in defined unhealthful activities.Private pension plans are rare.5 Termination of employmentEmployees are entitled to severance payment equivalent to one months salary for eachyear or fraction of year worked, which is generally limited to a maximum of six monthssalary. Proven misconduct may exempt the employer from this payment.6 Labour-management relationsRegarding salaries fixing methods, our country has chosen in the latest years to call for theWages Councils. These Councils establish minimum salaries, labour categories and otherbenefits.The association that gathers more unions is known as PIT-CNT. In this association are themain unions from different industries and sectors such as Energy, Food, Chemistry, Metal,Building, Textile, State-owned Companies, among others.Except for large companies, unions are organized by industry rather than by company.Unions play a significant role in the determination of wages and fringe benefits.Membership for employees is not mandatory.7 Employment of foreignersForeigners enjoy the same rights and obligations as Uruguayan citizens as long as they arelegally working in our country.26 | © Deloitte S.C.
  27. 27. They must get the Uruguayan identity card and consequently the resident status, forpermanent and temporary job (Law 18.250).The procedure to obtain Uruguayan legal residence should be completed before theMigration Office. When this procedure is completed, the individual is declared a legaltemporal or permanent resident in Uruguay. © Deloitte S.C. | 27
  28. 28. General InformationUruguayan Chamber of Commerce and Services Rincón 454 2nd floor - Tel: +598 2916 1277 | XXI - Investments Promotion Agency Rincón 518/528 - Tel: +598 2915 3838 | www.uruguayxxi.gub.uyNational Internal Audit (AIN) Paysandú 941 - Tel: +598 2901 7223 | www.ain.gub.uyUruguayan Central Bank (BCU) Diagonal Fabini 777 - Tel: +598 21967 | www.bcu.gub.uyUruguayan Republic Bank (BROU) Cerrito 351 - Tel: +598 2916 0750 | Mortgage Bank (BHU) Fernandez Crespo 1508 - Tel: +598 21911 | Security Authority (BPS) Colonia 1921 - Tel: +598 2401 8052 | www.bps.gub.uyInsurance National Bank (BSE) Av. Libertador 1465 - Tel: +598 2908 9303 | Administration Ituzaingó 1467 - Tel: +598 2916 1428 | www.corteelectoral.gub.uyTax Authority (DGI) Av. Daniel Fernandez Crespo 1534. Tel +598 21344 | www.dgi.gub.uyCustoms Administration (DNA) Rambla 25 de Agosto - Tel: +598 2915 5976 | www.aduanas.gub.uyNational Civil Identification (DNIC) Bartolomé Mitre and 25 de Mayo - Tel: +598 2916 1535/37 | www.minterior.gub.uyNational Institute of Statistics (INE) Río Negro 1520 - Tel: +598 2902 7303 | www.ine.gub.uyMinistry of Economy and Finance (MEF) Colonia 1089 3rd floor - Tel: +598 217122 | www.mef.gub.uyMinistry of Social Security and Labour Juncal 1511 - Tel: +598 2916 2681| www.mtss.gub.uyRepublic Presidency Plaza Independencia 710 - Tel: +598 150 | www.presidencia.gub.uyMinistry of Education and Culture Reconquista 535 - Tel: +598 2915 0103 | www.mec.gub.uyMinistry of Tourism Rambla 25 de Agosto and Yacaré - Tel: +598 21885 | www.mintur.gub.uyConsumers Defence 25 de Mayo 737 - Tel: +598 0800 7005 | www.defcon.gub.uyUruguayan Technological Laboratory (LATU) Avda. Italia 6201 - Tel: +598 2601 3724 | | © Deloitte S.C.
  29. 29. Our servicesOur clients say so everyday.What matters today is service excellence,quality professionals, and industry knowledge.No subject related to business management is outside the scope of our firms services. Weseek, in all cases, to focus on the needs of our clients with a global vision of the economic,financial, administrative, human and technological environment. We can do this becauseour team of professionals.They allow us to adopt a multidisciplinary approach. The services most frequentlydelivered are:Audit & Enterprise Risk ServicesWe understand that our external audit service must increase the reliability of informationto third parties. To do so, our work policy is based on the pillars of independence,professional objectivity and technical excellence. The Deloittes audit approach helps usunderstand each client in detail while increasing significantly our performance in eachengagement.Technological developments, changes in clients service users expectations, competitors,laws and regulations, and the quality of their staff and information systems multiply andchange. We analyze the changes and support organizations in managing the risks thatthey bring along. © Deloitte S.C. | 29
  30. 30. ConsultingWe look at the world through our clients eyes, we do what it takes to help them achievetheir goals and overcome their challenges. In every engagement we adopt acomprehensive vision of the organization, combining proved methodologies, the skills andexpertise of our consultants, and our global firms best practices so as to exceed ourclients expectations.Our consultants are specialized in a wide range of industries and services that cover mostmanagement concerns, among others: strategy, human capital, performancemanagement, operations and technology.TaxWe help companies assure appropriate compliance with tax obligations through ourpermanent professional advice. While doing this, we work hard to obtain the best taxtreatment possible pursuant to the legislation in force. Our team of professionals includesexperts in tax, civil law, commercial law, notarial law. Our people is capable of deliveringintegral advice according to the clients specific needs.Business Process OutsourcingManagement must rethink their companies so they can focus on their core skills. Wecontribute by delivering outsourcing services in accounting, tax compliance, payrollprocessing, and many others that companies may need.Financial Advisory ServicesWe rely on experienced specialists in the advisory and implementation of merger andacquisitions, valuations, restructuring, financial projects and securitization.30 | © Deloitte S.C.
  31. 31. Contact usAlfonso LemaManaging Partneralema@deloitte.comLuis BoninoAudit Partnerlbonino@deloitte.comCarlos BorbaTax Partnercborba@deloitte.comEnrique ErmoglioTax Directoreermoglio@deloitte.comRoberto De LucaConsulting Partnerrdeluca@deloitte.comJosé Luis ReyClients & Markets Partnerjrey@deloitte.comPablo RosselliFinancial Advisory Services Directorprosselli@deloitte.comDeloitte S.C.Cerrito 420, Piso 7Montevideo, 11.000UruguayTel: +598 2916 0756Fax: + 598 2916 3317Deloitte & Touche ZFRuta 8, Km. 17.500Edificio @1 Of. 107Montevideo, 12.000UruguayTel: + 598 2518 2050Fax: + 598 2518 2051Visit us: © Deloitte S.C. | 31
  32. 32. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee,and its network of member firms, each of which is a legally separate and independent entity. Please for a detailed description of the legal structure of Deloitte Touche Tohmatsu Limitedand its member firms.Deloitte provides audit, tax, consulting, and financial advisory services to public and private clients spanningmultiple industries. With a globally connected network of member firms in more than140 countries, Deloittebrings world-class capabilities and deep local expertise to help clients succeed wherever they operate. Deloittesapproximately 169,000 professionals are committed to becoming the standard of excellence.32 | © Deloitte S.C. Member of Deloitte Touche Tohmatsu Limited. All Rights Reserved.© 2010 Deloitte S.C.