The Uruguayan law has allowed the creation of several Free Trade Zones
located in diverse places. Nowadays, they can be found in the Departments
of Colonia, Florida, Río Negro, Rivera, San José and Montevideo,
and in Nueva Palmira City.
Companies in Free Trade Zone are governed by the law, and its object
is restricted to activities to carry out inside the Free Zone. An important
difference between free trade zones in any Latin American country and
Uruguayan free trade zones is that the National Customs Authority has
no jurisdiction inside the free trade zones. Its jurisdiction is limited
to control the entry and exit of goods to and from the free trade zones.
Some of these free trade zones are private property, others are Government´s
property. A third situation is that of Government owned free zones operated
by private corporations.
A free trade zone user is the individual or legal entity authorized
to operate within these areas. Its operations are restricted exclusively
to the free trade zones, not being allowed to perform activities in
the national Customs territory.
To operate and to be able to take advantage of the tax exemptions, should
be used companies before authorized for such activities.
These companies can be two different:
Free trade zone user companies are all those that acquire a right
to operate within a free trade zone by undersigning a contract with
the free trade zone operator, be it the State or a duly authorized private
company, which are direct users.
Indirect Users may also acquire the right to operate within a free trade
zone by undersigning a contract with another user already established
in the free trade zone as an indirect User.
Being an indirect user makes it easier for companies to operate under
the free trade zone regime. It allows them to temporarily perform business
activities without a large investment, and it also gives them a chance
to try out the regime before making long-term commitments.
This type of contract allows three options: users who will import/export
goods, users who will carry out offshore activities, and users who will
grant services.
Companies located in the Free Trade Zones are privileged with tax exemption
except for the witholding of the 30% on the dividends that are paid
to individuals or companies domiciled abroad.
The 75 % of the Free Trade Zone companies´ employees should be
Uruguayan. Although these percentage can be reduced in the following
situation, that foreigner employees renounce the benefits of Social
Security.
None tax or duty should be paid when importing goods and/or raw material
from abroad to these Free Trade Zones, and these goods or raw material
can be stocked, packed or manufactured within some transformation process
before their exportation from the Free Trade Zones to Uruguay or third
countries. Multinational companies are establishing in these Free Trade
Zones as a South Common Market Entrance Gate (Mercosur).
The Free Trade Zones are also useful for service companies that do not
want to worry about the Income Tax. For instance, financial services
companies and software developers companies, e-commerce, servers, portals
have established in Uruguayan Free Trade Zones.
There is no restriction in relation with the number of Directors nor
in relation with the Directors´ nationality.
Free Trade Zone with Offshore operation.
Another exclusive type of Free Trade Zone User is an Offshore Company
of Free Trade Zone.
Offshore Company of Free Trade Zone
The model of statute of these companies enacts that the user will be
able to develop data processing services, installment activities, professional
advice, will be able to perceive commissions by advice or international
business and mediation in harbor activities of load, mediation in the
international trading, without entering goods physically to the Free
Trade Zone among other activities.
Payment of dividends, benefits o royalties to the shareholders, as well
as financial payments of benefits to their creditors ( local or international
) are not subject to retention in the source.