Uruguay's tax administration has set out the steps and documents that multinational taxpayers covered by fiscal stability clauses must provide to offset the Domestic Minimum Top-Up Tax, known locally as the Impuesto Mínimo Complementario Doméstico (IMCD).
Uruguay’s Tax Authority, Dirección General Impositiva (DGI) has issued Resolution No. 2400/026, which sets the mandatory procedure for eligible multinational taxpayers seeking compensation under fiscal stability clauses against the Pillar Two Qualified Domestic Minimum Top-Up Tax (QDMTT) incurred in the country.
The resolution is dated 23 October 2026 and was published in the Official Gazette on 26 October 2026.
Step one: Sworn declaration and tax secrecy waiver
Before any formal proceeding begins, the taxpayer must file a sworn tax return requesting the IMCD compensation. The filing must include a waiver of tax secrecy under Article 47 of the Código Tributario. The waiver is limited to the information in the declaration and allows the DGI to share it with the OECD/G20 BEPS Inclusive Framework where required.
Step two: Administrative file
After submitting the declaration, the taxpayer must open an administrative file before the DGI. The file must contain:
- Representation: A petition signed by the taxpayer’s legal representative, with proof of power of attorney.
- Protected entity: Identification of the entity covered by the clause. Free zone or contract users under Article 5(a) of Decree No. 206/026 must state the date of the contract through which they acquired user status. Forestry companies under Article 5(b) must provide a professional certification of qualifying status, the Forestry Plan approved by the General Forestry Directorate (MGAP) and the operating permits or authorisations for the tax year.
- Group details: Identification of the Multinational Enterprise Group and a complete organisational chart matching the information reported in the IMCD return.
- Audit report: An independent report from a prestigious audit firm certifying that the IMCD cannot be credited, wholly or partly, in another jurisdiction. It must be translated where applicable, legalised and apostilled.
- Country-by-Country report: A copy of the report for the tax year in which the clause is invoked, with a statement confirming that nothing has changed since the previous year or detailing any changes.
- Proof of filing: Evidence that the preliminary sworn declaration was submitted.
The audit report must also cover the applicable legal frameworks; the ownership and control chain of the applicant entity, including ownership percentages; any foreign group entities subject to the Global Minimum Tax (Pillar Two or GloBE) or other foreign taxes against which the IMCD could otherwise be offset or credited; and the determined IMCD amount, along with any credit amount attributable to other jurisdictions.
The DGI may request further information, documents or clarifications during its review.
Step three: Applying the compensation
The compensation takes effect when the taxpayer files the annual IMCD tax return for the relevant fiscal year-end. The taxpayer may apply the approved amount directly against its IMCD liability only if it has met the filing and documentation obligations and the DGI has issued a favourable decision before the statutory payment due date.
Taxpayers wishing to use the mechanism will therefore need to complete the sworn declaration and administrative file, and secure the DGI’s decision, ahead of the payment date.
Legal background
The resolution is issued under Article 666 of Law No. 20.446 of 16 December 2025, Title 21 of the 2023 Consolidated Text (Texto Ordenado 2023) and Decree No. 206/026 of 31 August 2026.
Law No. 20.446 directed the Executive Branch to reconcile legal tax stability guarantees with the IMCD regime. Decree No. 206/026 then set the baseline conditions for triggering the clauses through an administrative proceeding. The new resolution adds the filing procedures, verification controls and documentation needed to apply the compensation.
Earlier, Uruguay issued Decree No. 206/026, replacing the exemption from the Pillar Two Qualified Domestic Minimum Top-Up Tax (QDMTT), known as the Impuesto Mínimo Complementario Doméstico (IMCD), for entities covered by certain fiscal stability clauses.
