Uruguay issues domestic minimum tax regulations on safe harbours and filing

Uruguay’s Presidency has published a signed decree dated 16 October 2026 containing 44 articles for the implementation and administration of the Impuesto Mínimo Complementario Doméstico (IMCD). It supplies detailed domestic safe-harbour rules and assigns the designated local filer responsibility for filing and payment for the Uruguay group.

The development is the regulatory implementation of the existing domestic minimum tax. The €750 million group-revenue threshold and 15% minimum-rate calculation already appear in Title 21, articles 3 and 15. The October instrument is also distinct from the August decree concerning fiscal-stability compensation, covered in our earlier analysis.

A signed regulatory text, with further administration to follow

The official Presidency copy is dated 16 October and is listed as Decree S/N/026. This analysis uses that signed text; a numbered Official Gazette version and its publication date have not been independently verified. Article 44 directs communication and archiving rather than setting a new first fiscal year for the tax. Groups should distinguish the existing statutory charge from the detailed implementation rules and subsequent DGI measures.

Domestic Transitional CbCR Safe Harbour conditions

Articles 27–32 specify the Transitional Country-by-Country Reporting Safe Harbour for IMCD purposes. The three alternative tests are revenues below €10 million and profit before tax below €1 million; a simplified effective tax rate at least equal to the transition rate; or profit before tax no greater than the substance-based income exclusion. The data and group boundaries prescribed by the decree govern each test.

Article 28 defines the transition period as fiscal years beginning on or before 31 December 2027, excluding a year ending after 30 June 2029. Its simplified-ETR threshold is 16% for years beginning in 2025 and 17% for 2026 and 2027. Those reference-year percentages do not themselves determine when a particular group first becomes liable to IMCD.

The significance against the statutory baseline is that Title 21, article 72, left admissible safe harbours and their conditions to the Executive. The decree now supplies those conditions, rather than merely repeating a statutory entitlement to elect relief.

The local filer also pays for the group

Article 37 requires the designated local filing entity to submit the return, elections and relevant notifications within 15 months after the fiscal year ends, and makes it responsible for paying IMCD on behalf of all Uruguay constituent entities in the multinational group. Once it fulfils those obligations, the other local constituent entities are relieved of that obligation.

The 15-month period is already statutory. So is DGI’s power to extend filing to 18 months for a first transition year. Article 37 retains that administrative discretion: it does not grant an unconditional 18-month extension to every first-year group. DGI must also prescribe filing form and conditions, using information equivalent to the standard GIR and allowing simplified procedures.

Foreign GIR filing is a conditional route, not an automatic release

The final paragraph of article 37 empowers DGI to exempt local return filing where the information has been filed by the UPE or designated group filing entity in a jurisdiction with a qualifying competent authority agreement in force with Uruguay for the relevant fiscal year. Article 43(a) defines that agreement by reference to automatic exchange of the annual GloBE return.