LIVING AND INVESTING IN URUGUAY - EVERYTHING YOU NEED TO KNOW IS HERE - PWC URUGUAY
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During the first months of 2020, several provisions were approved to promote the residence of foreigners in Uruguay and to attract qualified investments. We summarize what you need to know. 2
Living in Uruguay Tax and legal residence are different concepts. What do each of them mean? Which steps should be followed? 3
The procedure to obtain the legal residence Legal residence depends on the nationality of the foreigner and on the term the person intends to stay in Uruguay: Legal residence is a requisite to live in Uruguay • Temporary identity sheet: requested permanently (or longer than allowed to tourists), to foreigners who wish to work in Uruguay to obtain a national identity card and to work. for less than 180 days. It is worth pointing out that legal residence is • Temporary residence: requested to not required to invest in the country. foreigners who wish to stay in Uruguay for less than 2 years. This term may be extended for 2 additional years. • Permanent residence: requested to foreigners who wish to live permanently in Uruguay or to those whose temporary residence has expired. • Foreign nationals of Mercosur members or associated States: all nationals of Mercosur members or associated States, as well as relatives of Uruguayan citizens (spouse, parents, children, siblings or grandchildren) may request a simplified permanent residence before the Ministry of Foreign Affairs in Uruguay. This procedure has the following advantages: it has less requirements and it is granted faster. To file an application for residence, the individual will be required to attend in person to the audience with the National Migration Office or the Ministry of Foreign Affairs. 4
In June 2020, the Executive Power issued new Tax residence rules introducing adjustments to the conditions required to individuals to become residents in Uruguay for tax purposes. Rules in force originally stated that individuals would be considered resident for tax purposes in Uruguay Unless the individual proves it has tax residency in other country, it will be considered that it has if any of the following conditions were met: the center of economic interests in Uruguay, if it • Presence in Uruguay for more than 183 days owns in Uruguayan territory: during the calendar year. • Real estate for an amount in excess of • Location in the national territory of the center 3,500,000 Indexed Units (approximately of economic activities or vital interests. USD 375,000), provided it has been acquired as from July 1st, 2020. In addition, a physical presence in Uruguay of at least 60 days (in calendar year) is required. • A direct or indirect investment in a company whose value is higher than 15,000,000 Indexed Units (approximately USD 1,600,000), provided it was effected after July 1st 2020, and generated from that date on and during the calendar year at least 15 new full-time jobs in a dependency relationship. Along with said updates to the rules, a Law enhancing the Investment Promotion regime was recently approved. It includes the extension from 5 to 10 years of the so-called “window period” – term in which passive income derived from investments in assets outside Uruguay is not subject to Income Tax. The project also grants individuals the possibility to tax this income at the rate of 7%, with no time limitation. 5
Migrating to Uruguay in COVID-19 context To obtain the residence (for legal or tax purposes), the foreigner is required to already be in the country. In the health emergency context, some decrees have been issued to regulate the opening of country borders exemptions causes to foreigners and to impose requirements to enter the country. 6
In this regard, foreigners who meet the following criteria may enter Uruguay: 1. When they reside in the country (holding the Uruguayan legal residence, either granted or in process). 2. Aircraft crews and agency pilots. 3. International transport drivers of goods, merchandise, correspondence, supplies and humanitarian and health aid. 4. Diplomats accredited to the Uruguayan Government or to international organizations based in the country. 5. Beneficiaries from humanitarian or sanitary corridor established for the embarkation or disembarkation of cruises or aircrafts based on where the sanitary authority determines. 6. Brazilians who, demonstrating their border citizen status, entered the country through the Uruguay- Brazil border and remained in the border city. 7. Clearly founded cases of international protection in accordance with the provisions of Law 18,076 (Refugee Law), which must be analyzed considering the situation of people who arrive due to family reunification with foreigners who already have permanent residence in the country. 8. Justified family reunification cases (with parents, spouses, concubines, unmarried minor or older children with disabilities, in accordance with Law 18,250) or humanitarian situations not provided for in the other literals, managed by the Ministry of Foreign Affairs before the National Migration Office. 9. Transitory arrival with labor, economic, business or judicial purposes managed before the National Migration Office and authorized by the Ministry corresponding to the area of activity involved and based on reasons of urgent need. 7
To enter to Uruguay, after proving any of the exceptions stated before, the foreigner must: • Complete an Affidavit including personal data, absence of symptoms and/or contact with people confirmed or suspected of COVID-19 in the last 14 days prior to entering the country, under eventual administrative and criminal responsibilities. • Submit to temperature control at entry point. • Use a face mask in every opportunity of social contact at a distance of less than 2 meters from others. • Show a negative result of the SARS CoV-2 virus detection test carried out no more than 72 hours before the start of the trip in an authorized laboratory. If the entry is made by commercial transport, the test must be accredited before boarding. • Have medical coverage in Uruguay. • Comply with mandatory preventive social isolation for 7 days. On the seventh day, the person should have a new test with negative result or extend the isolation for 7 additional days. • Comply with the preventive measures that the authorities determine. As additional measures, the installation of mobile testing devices may be requested and carried out randomly to those who enter the country. In addition, it is recommended to avoid public transportation from the point of entry to the destination and to download the Coronavirus UY app. 8
Contacts Diego Tognazzolo montevideo diego.tognazzolo@pwc.com Cerrito 461, 1st floor 11.000 Montevideo, Uruguay Antonieta Rodríguez T: (+598) 2916 04 63 antonieta.rodriguez@pwc.com w tc free zone Agustín Muzio Dr. Luis Bonavita 1294, 1st floor, office 106 agustin.muzio@pwc.com 11.600 Montevideo, Uruguay T: (+598) 2626 23 06 Juan Seco j.seco@pwc.com zonamerica business & t e c h n o l o g y pa r k Belén Regueira Ruta 8, km 17.500, Building M1, office D belen.regueira@pwc.com 91.600 Montevideo, Uruguay T: (+598) 2518 28 28 Andrea Chanquet andrea.chanquet@pwc.com p u n ta d e l e st e Avda. Córdoba y Tailandia Marcos Burone 20.000 Maldonado, Uruguay marcos.burone@pwc.com T: (+598) 4224 88 04 This content is for general information purposes only and should not be used as a substitute for consultation with professional advisors. www.pwc.com.uy © 2020 PricewaterhouseCoopers Ltda., PricewaterhouseCoopers, PricewaterhouseCoopers Professional Services Ltda. and PricewaterhouseCoopers Software Ltda. All rights reserved. PwC refers to the Uruguayan member firm, and may sometimes refer to the PwC network. Each member firm is a separate legal entity. Please see www.pwc.com/structure for further details. Vivir e invertir en Uruguay 9
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