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The Senate and the CA of Representatives of the Eastern Republic of Uruguay, meeting in General Assembly,
ArtAculoA 1Aº. -A Sustit the first of the article 1Aº of Title 7 of the 1996 Ordered Text, by the following:
| " ARTACULOA 1a.A (Nature of tax).-An annual tax of personal and direct carA, which will tax the income obtained by the persons "fascas and which shall be referred to as the Income Tax of the FAsias Persons". |
ArtAculoA 2Aº. -A Sustit the first of the article 3 of Title 7 of the 1996 Ordered Text, by the following:
| " ARTACULOA 3a.A (Spatial Aspect of the Generator Fact).-They will be taxed by this tax: |
| 1. | The Uruguayan source rents, understood by those from activities developed, property or rights used economically in the Republic. |
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| 2. | Capital returns, originated in deposits, loans, and in general (i) placing capital or credit of any kind, as long as such yields come from non-resident entities. In the case of investments in non-resident entities that act through a permanent establishment in the Republic, the regulation shall establish the inclusion criteria in this numeral or in the preceding numeral. " |
3Aº ArtAculo. -A Sustit the first of the article 16 of Title 7 of the 1996 Ordered Text, by the following:
| " ARTACULOA 16.A (Capital of furniture).-Capital returns, income in money or in kind from "deposits, loans and in general all capital or credit placement of any kind". |
ArtAculo 4Aº. -A Agri-gase to Title 7 of the 1996 Ordered Text, the following article:
| " ARTACULOA 7Aº Bis.A (Imputation of rents from non-resident entities).-In the event that resident fAsks participate in the capital of entities non-residents, the income obtained by such entities shall be determined and imputed to all tax purposes as their own by the said persons in the proportion who have their participation in the assets of aquillas. |
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| To the income object of the imputation to exclusively the returns of the capital furniture included in the numeral 2 of the article 3Aº of this Title obtained by the non-resident entity, as long as such passive income is subject to an effective payment to the income in the paAs of its residence below the maximum rate applicable for the Income Tax of the FAsias Persons corresponding to the Category I (Capital Rent) ". |
ArtAculo 5Aº. -A Agri-gase to Title 7 of the 1996 Ordered Text, the following article:
| " ARTACULOA 8Aº Bis.A (RetrenationAgents. Non-resident entities).-Non-resident entities which verify the costs of income from resident persons established in Article 7 (a) of this Title may designate a resident or legal person resident in the territory of the Member State of residence. in the national territory, in order to represent them before the tax administration. The representative shall be jointly and severally liable for the tax obligations of his or her represented, in the same way as those laid down in Article 11 of Title 8 of the 1996 Ordinance. |
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| A DesAganse agents from the Tax on the Income of the FAsic Persons to the entities referred to above when they have designated a representative, be it by virtue of the provisions of the said incisoA or by the application of the rules of the Tax on the rent of the non-residents, by the tax corresponding to the income that the tax payers must compute in the The charging scheme set out in the article 7Aº Bis of this Title. The retention will be determined in the conditions that you set the regulation. |
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| The contributors may choose to give the final character to the practice, and the corresponding communication must be made to the agent Challenge or your representative. In such a case, the rents that give rise to the retention scheme will not be counted in the taxpayer's settlement to any effect. |
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| To the provisions of this article is without prejudice to the application of the general rule of solidarity with respect to the tax obligations of the agents of the subject and of the contributors object of it ". |
ArtAculoA 6Aº. -A Sustise the article 26 of Title 7 of the 1996 Ordered Text, by the following:
| " ARTACULOA 26.A (Rates).-The tax-up of the tax in this Chapter will be applied proportionally, according to the following detail: |
| CONCEPT | ALACUOTA |
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| Interests corresponding to national currency deposits and indexed units, to more than one year, in place financial intermediary institutions | 3% |
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| Obligations and other debt securities issued by resident entities over three years, by public subscription and listing Useful in national entities | 3% | |
| Interests corresponding to the deposits in institutions of square, at least one year or less, constituted in national currency without the readjustment user | 5% |
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| Dividends or utilities paid or credited by IRAE contributors originating from the yields referred to in paragraph (ii) of the literal artAculo 27 of this Title | 12% |
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| Other dividends or utilities paid or credited by IRAE contributors | 7% |
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| Copyright derivatives on literary, artastic or scientific works | 7% |
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| Rentas of participation certificates issued by financial trusts through public subscription and exchange rate at national entities, in instalments 3 years old | 3% |
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| Restas rents | 12%. " |
ArtAculoA 7Aº. -A Sütse the literalA C) of the artAculo 27 in Title 7 of the 1996 Ordered Text, by the following:
| " C) | The dividends and utilities distributed by resident entities and permanent establishments, derived from the holdings of capital shares, except those paid or credited by the tax payers of the Economic Activities corresponding to: |
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| i) | Rents taxed by that tribute. |
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| ii) | Furniture capital flows, originating from deposits, we are, and generally in all capital or credit placement of any nature, as long as such yields come from non-resident entities and constitute passive income. |
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| A To the only effect of the provisions in this literal, it is also (a) to be considered as contributing to the tax on the income of the Economic Activities all those entities which are nominated in the numerals (1) to (8) of the Article A) of Article 3 (3) of Title 4 of the 1996 Ordinance, even if all their rents are foreign-sourced. |
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| A When a Tax Taxpayer on Activities Economic participation in the equity of a non-resident entity, and this verifies the low-tax liability referred to in Article 7Aº Bis of this Title, the income referred to in paragraph (ii) above, obtained by the entity not (a) to be charged to the taxpayer for the sole purpose of determining the Dividends taxed by the Tax on the Income of the FAscan Persons. Similarly, when a resident physical person participates in the estate of a non-resident entity, and is receiving the dividends and profits referred to in paragraph (ii) distributed by a taxpayer of the Tax on the Economic activities, such profits and dividends shall be attributed to all the effects to the said persons as their own, provided that the non-resident entity verifies the low-value thesis established in the article 7Aº Bis of this Title. |
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| A Is included in the concept of dividends and utilities taxed to those that are distributed by the tax payers to the income of the Economic Activities that have been beneficiaries of dividends and profits distributed by another contributor of the tax, to condition that in the society that it has realized the first distribution, the same have originated in the income to referred to in paragraphs (i) and (ii) of this literal. |
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| To be exempt from the utilities included in section i) of this literal, distributed by personal companies whose income does not exceed the limit set by the Executive Branch, who is entitled to consider the number of dependents, the nature of the activity developed or other objective criteria. /> |
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| To dividends and utilities originating from yields in the paragraph (ii) of this literaA shall be deemed to be distributed at the time of the accrual of the income giving rise to them, unless the entity has sufficient accounting under the conditions set out in the regulation. |
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| You will also be exempt from dividends paid or credited by the Tax payers of the Economic Activities and the Tax on the Development of Agricultural Goods, as long as the actions that give rise to the payment or credit of the same coticen on Stock Exchanges enabled to operate in the Republic. |
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| A Tambiewill be exempt the utilities distributed by the subjects Personal service providers outside of the dependency relationship that have been included in the Tax on the Activities of the Economic Activities in application of the option of the Article 5 of the Title 4 of the 1996 Ordinance. This exoneration only reaches the profits derived from the provision of personal services. " | ||
ArtAculo 8Aº. -A Agri-to-to-item 27 of Title 7 of the 1996 Ordered Text, the following literals:
| " N) | The dividends and utilities distributed by non-resident entities, when yields and property increases they give rise to them, come from assets whose yields are the subject of the terms of the charge defined in Article 7Aº Bis and in the literalA (C) of Article 27 of this Title. |
| A ') | The dividends and profits distributed by non-resident entities, when the income they give to them is from Uruguayan sources and as long as such rents are included in the Tax on the Rents of Non-Residents. " |
ArtAculoA 9Aº. -A Sustita and B) and B) of the 5Aº 4 of Title 4 of the 1996 Ordered Text, for the following:
| " A) | All of the taxpayer rents, with exclusive of those originating from: |
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| - | Job in dependency relationship. |
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| - | Dividends or utilities, of resident entities. |
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| - | Furniture capital flows, originating from deposits, loans, and in general in all places of capital or credit of any kind, as long as such yields come from non-resident entities. |
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| B) | The totality of the income derived from the capital factor, with exclusive of those originating from: | |
| - | Dividends or utilities, of resident entities. |
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| - | Furniture capital flows, originating from deposits, loans, and in general in all places of capital or credit of any kind, as long as such yields come from non-resident entities. " | |
ArtAculo 10. Agri-gase to Article 40 of Title 7 of the 1996 Ordered Text, the following paragraph:
| " When you set tax retention rules for dividends and utilities distributed by tax payers to the Income from the Economic Activities charged to the income referred to in paragraph (ii) of Article A (C) of Article 27 of this Title, the regulation shall establish the criteria of the exclusive right in the case in which the beneficiaries of the aforementioned dividends and profits are non-resident. " |
ArtAculo 11. -A Agri-gase to Title 7 of the 1996 Ordered Text, the following article:
| " ARTACULOA 44.-The imputation rule set forth in this Title, in relation to non-resident entities that are subject to the (a) a reduction in the value of the financial contribution referred to in Article 7 (3) of this Title shall also apply in cases where non-resident entities participate in other non-resident entities, provided that the following are verified together Hypothesis: |
| A) | Those entities are subject to the low-tax rule and |
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| B) | The process of successive imputations culminate in a contributor of the Tax on the income of the persons FAscas or an entity listed in paragraphs (1) to (8) of Article A) of Article 3 (3) of Title 4 of the 1996 Ordinance, even if all of their income is foreign-sourced. " |
ArtAculo 12. -A Agri-gase to Title 7 of the 1996 Ordered Text, the following article:
| " ARTACULOA 45.A (Tax Tax for Taxes Paid Abroad).-Taxpayers who have been subject to foreign tax by the returns on the capital of furniture referred to in the numeral A 2 of the Article 3Aº of this Title, may prove, under the conditions laid down in the regulation, the tax paid abroad against the Income Tax Persons FAscas which is generated in respect of the same income. The credit to be imputed shall not exceed the part of the tax calculated in advance of such deduction ". |
ArtAculoA 13. -A references to the 1996 Ordered Text will be considered to be made to the legal rules that gave it origin.
ArtAculoA 14. -A Without prejudice to special vigencies, the provisions of this law shall be applicable for exercises initiated from 1Aº January 2011.
ArtAculoA 15. -A Sustit, then the artAculoA 54 of the Law No 18,083of 27 December 2006, for the following:
| " ARTACULOA 54.A (Banking Secret Uprising).-When the tax administration submits a complaint founded under the article 110 of the Tax Code, and request expressly and on the basis of the criminal seat, the lifting of the banking secrecy referred to in Article 25 of the Decree-Law No 15.322, of 17 September 1982, the undertakings included in the Articles 1Aº and 2Aº of that rule shall be relieved of the obligation of reservation on the operations and information which are in their power, linked to the persons and legal persons covered by the application, provided that he does not mediate within thirty days of the application, contrary to the competent prosecutor or the judge of the case. |
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| After the deadline referred to in the preceding inceA, or by mediating the express judgment in the general conditions of the article 25 of the Decree-Law No 15.322, of 17 September 1982, the Headquarters will give the request to the Central Bank of Uruguay, which in turn will cover the regulated subjects the information it can exist in power. |
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| A Tambiičias may be able to raise the banking secrecy by judicial resolution when the Director General of Rentas, in the exercise of the powers In the case of non-prescripted tax obligations, the Court of First Instance is required to make an express request to the Court of First Instance with jurisdiction in civil matters, all information relating to the the banking operations of certain persons or legal persons. For such actions, the Judge of the place of the address of the physical or legal person who holds the information shall be competent, having regard to those effects, the address constituted before the tax administration or, failing that, the actual address. The Judge shall only make the application when the tax administration has established that there are objective indicia that reasonably presume the existence of evasiation by the taxable person, and provided that the information requested is necessary for the correct determination of tax debits or the criminalization of infractions. The same information, may be requested by the tax administration, in compliance with requests expressed and founded by the competent authority of a foreign State, exclusively in the framework of international conventions ratified by the Republic of the Republic in matters of exchange of information or to avoid double taxation, which are in force, and must be indicated in such case the requesting entity and all the antecedents and foundations that justify the relevance of the requested information. The provisions of this policy shall apply to information relating to operations after 1 January 2011. |
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| A In the case of the preceding incident, the judicial process of lifting the banking secrecy shall be followed by the physical or legal person holding the information. The application shall be filed in writing according to the provisions of Articles 117 and 118 of the General Code of the Process, and shall be dealt with by the incidental procedure set out in Article 321 of that Code, with the following modifications: (a) the providence which confers the transfer of the claim must be notified within three days of its diktat, and (b) where the conduct of a hearing is necessary, the same shall be made within a maximum period of Thirty days to count on the demand response or the expected deadline. |
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| To the Judge will dictate the judgment by making a place or denying the request for the lifting of the banking secrecy, whose effects will be considered the test. and all the circumstances of the case. The sentence will be appealed by either party. The appeal of appeal shall have suspensory effect of the impugned providence and shall be governed by the provisions of Article 254 (1) and (2) of the General Code of the Process. If the appeal is moved or the time limit is expired, the Court shall forward the file to the Superior within five days. The Court of Appeal will have to settle in agreement, within thirty days of the reception of the cars. |
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| A Against the second instance statement will not be supported. |
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| To Costs and Costs will be governed by the provisions of the General Code of the Process (Article 56.1). |
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| A In the case provided for in the third paragraph of this article, the Central Bank of Uruguay will comply with the order within the five-year period. dAs have been counted from the reception of the communication of the order of the competent court. The companies referred to in Articles 1Aº and 2Aº of the Decree-Law No 15.322, of 17 September 1982, should provide the required information within fifteen days of the communication from the Central Bank. Due to this last deadline, the Central Bank of Uruguay will have to provide the General Directorate with the information collected within five days. Failure to comply with this obligation shall give rise to the penalties provided for in Chapter V of the Decree-Law No 15.322, dated 17 September 1982. |
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| A For the purposes of the above, the companies included in the items A 1Aº and 2Aº of the Decree-Law No 15.322, dated 17 September 1982, shall be relieved of the obligation of reservation on the operations and information which are in its possession, linked to the persons and legal persons when there is an order expressed by the competent Judge according to this article. |
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| A When processing requests for bank secrecy lifting the court process should be kept reserved for third parties other than the applicant and the information holder ". |
A A A A A Sala de Sessions de la CA ¡ mara de Reps, en Montevideo, a 15 de december de 2010.
CA-Mplase, acorsese recibo, comunAquese, publáquese e inséltese en el Registro Nacional de Leias y Decretos, la Ley por la que se introducer alignión al nuevo sistema tributary.
h4 align="center"> JOSA% MUJICA.
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 Montevideo, Uruguay. Legislative Power. |
