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The different agreements and DTA stipulate that if a person, other than the staff, with an independent status, who acts on behalf of a company and works usually in a Contracting State, and hold contracting authorities and those to act in the name of the Company, will be consider like a permanent establishment in that country. Likewise, the term “permanent establishment” includes the construction work, the construction itself, the installation project or the assemblage of inspection activities related, as long as these continue during a period longer than six months. Therefore, the company may be taxed according to the profits made in the country. If a Contracting State company develops its activity in another Contracting State through a permanent establishment situated therein, in each Contracting State will be assigned to such establishment the benefits that this would have made if it were a different and separated company with the same or corresponding activities, in the same or corresponding conditions, and if it were independent from the company which is a permanent establishment. To avoid that situation, UR Global proposes to hire in the destination country, the required personnel in our payroll, and to manage a commercial contract with your company. A person, and pursue his profession.

The percentage of generated taxes by both, the service importer and the invoice issuer, will depend of the concept invoiced, and we have a lot of options to optimize these kind of operations. If you have this kind of operations, UR Global will evaluate whether it is better to issue the invoice from Spain or Brazil, and will give advice about the better concept for a minor fiscal impact. The recovery payment by intermediation is a system that would enable you, in Brazil, to collect your invoices without been levied with higher withholding taxes.

Request an analysis about the different choices of abroad invoicing in LATAM, considering the Andean Pact and the Spain DTA signed with other countries, to considerably optimize the fiscal cost generated by your operations abroad, as well as the recovery of withholding taxes from the source.

Normally, a lot of law firms do not consider the implications of a large volume of capital injected to a subsidiary. These could be seen as a technical bankruptcy or as a short time undercapitalization of the subsidiary, incurring in possible situations that may require regularization. On the one hand, the interests produced by parent company loans will not be deductible for the subsidiary, on the other hand the company may be discarded in tenders, and at least its administrators would assume some risks in case of an arrangement with creditors or bankruptcy processes (Brazil). A vastly experienced with more than 150 managed subsidiaries will ensure an appropriate counselling from an operational viewpoint, avoiding many future dislikes in the subsidiary.

Invoicing, payrolls and other auxiliary services which are externalized in Brazil can be optimized, so we would be grateful if you allow us to visit you to quote these services and optimize your annual costs.

In UR Global, we analyze your situation and based on our counselling experience in similar situations, as well as in the control and management of LATAM subsidiaries, we could propose several solutions that will allow you to improve the problem.

Constituting a subsidiary without having personnel recruited because UR Global has facilities in Colombia and Mexico where we warehouse our customers’ products. Our logistic personnel operate the subsidiary been responsive of the import transaction, warehousing and the sending of product to the customer.

A local partner is not needed in none of these three countries where we operate. Also, it is not necessary for the company to make any trip to constitute the society, all it needs to do is to grant authorities to two trusted employees of UR Global who will start up the society acting on its behalf. Please contact us for more information about the formalities.

In UR Global, we provide a comprehensive service, for both, companies that move and import product, and for service companies, so that we can really implement across all areas required of that activity, with the exception of sales.

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