The characteristics of this unique regime on the South American Atlantic coast have allowed the installation of Regional Distribution Centers located at the gateways to and from the region.
The Ports Law and its regulations set up this new system that positions Uruguay as a highly efficient port alternative.
Free ports refer to port customs areas in which special fiscal and customs regimes apply, including the free circulation of goods, without the requirement of authorizations or formal procedures.
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FREE MOVEMENT OF GOODS
No authorizations or formalities are required. Intra-port mobility is documented through a Simplified Electronic Message to the National Customs Directorate.
TIME OF PERMANENCE OF THE MERCHANDISE
The new regulatory scenario incorporated from the CAROU establishes that goods entering the ports may remain for a maximum of five years.
FREE DESTINATION OF GOODS
No prior permits or reports are required to move the goods, so the destination of the goods can be changed freely.
FREE OF TAXES
All goods and merchandise entering from outside the national territory are exempt from customs duties, taxes and levies applicable to the importation or on the occasion of the importation.
When they are introduced into the national customs territory, they are considered as imports and only in such cases are they subject to the corresponding tariffs.
VAT – The circulation of goods and the rendering of services within the premises are exempt from Value Added Tax.
WEALTH TAX – Goods deposited under the Free Port regime are not included in the taxable base of the Wealth Tax.
INCOME TAX – Income from lucrative activities carried out by foreign individuals or legal entities, with goods of foreign origin that are moved in transit through the national customs territory, as well as in port warehouses, and are not destined for such territory, are exempt from income tax.
PERMITTED ACTIVITIES AND MODALITIES OF WAREHOUSING IN FREE PORTS
Since the C.A.R.O.U. came into force, the operations that can be carried out in Free Ports are not limited to those listed in Article 2 of Law 16246 and its Regulatory Decrees, but have been expanded to cover a wider range of possibilities in accordance with the provisions of the C.A.R.O.U.
The possible modalities that may be adopted by intra-port warehouses are as follows:
– Storage warehouse: the goods may only be subject to operations aimed at ensuring their recognition, conservation, division into lots or volumes and any other operation that does not alter their value or modify their nature/state.
– Commercial warehousing: goods may be subject to operations aimed at facilitating their commercialization or increasing their value, without modifying their nature or condition.
– Repair and maintenance depot: the merchandise may be subject to repair and maintenance services, without modifying its nature.
– Temporary warehouse for exhibition or other similar activity: the foreign merchandise entered may be used for exhibitions, demonstrations, fairs or other similar activities, with prior authorization from the National Customs Directorate (D.N.A.).
– Logistic warehouse: the merchandise may be subject to operations that may modify its state or nature, provided that they do not modify its origin and consist of: assemblies or assemblies; mixtures; placement or substitution of parts, pieces or accessories; hardware configuration; software installation; elaboration of packaging, assemblies, labels or other products provided that they are used for the commercialization of merchandise that will leave the warehouse; and other similar operations established by the Executive Branch.
Currently, there is only one restriction, which consists of the impossibility of using the industrial warehouse modality, within which the goods may be subject to operations aimed at modifying their nature or state, including the industrialization of raw materials and semi-finished products, assemblies, assemblies and any other analogous operation (alteration of origin).
OPERATIVE
Companies, and in particular port operators, must keep complete, correct and updated records of goods handled, deposited or stored, received and delivered, shipment by shipment and separated by storage location.
Port services are provided in the commercial ports of the Republic twenty-four hours a day and every day of the year, if the respective demand so requires.
This regime is applied in the country’s main port as well as in the rest of the commercial ports with the capacity to receive overseas vessels.
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