LAW NO. 20,780 TAX REFORM THAT MODIFIES THE INCOME TAX SYSTEM AND INTRODUCES VARIOUS ADJUSTMENTS IN THE TAX SYSTEM. The following amendments to the Law on Income Tax, contained in Article 1 of Decree Law No 824, 1974: 1) In Article 2: (a) In the first subparagraph of Article 2 (1), replace the words "perceive or accrual" (ii) Repeal the second subparagraph. (b) Add the following second paragraph in number 2: "By" assigned income ", which, for tax purposes, corresponds in whole or in part to the contributors of supplementary or additional global taxes, at the end of the commercial year (a) the owner, community, partner or shareholder of a company subject to the first class tax in accordance with the provisions of Article 14 (A) and other legal rules, in the case of income received or (a) to be paid by that undertaking, or those which have been attributed to it by undertakings in which (2) In Article 11, the following party shall participate and so forth: (a) Add in the first subparagraph, following the separate point, which becomes a point followed, the following sentence: " Bonds and other debt securities of public or private debt issued in the country shall also be considered to be located in Chile. (b) Substitute the second subparagraph by the following: " In the case of loans, bonds and other debt securities or instruments, the source of interest shall be understood as being situated in the domicile of the debtor, or of the parent or principal office where they have been contracted or issued through a (3) In Article 12, following the comma following the expression 'foreign', the following expression shall be inserted: 'without prejudice to the provisions of Article 41 G,'. 4. Substitute Article 14 " Article 14.-The income to be determined to a taxpayer subject to the tax of the first category shall be taxed in respect of the taxpayer, in accordance with the rules of Title II, without prejudice to the items to be added to the income the taxable amount of that category in accordance with this Article. Taxpayers who are obliged to declare on the basis of their actual income according to complete accounts may choose to apply the provisions of points (A) or (b) of this Article. In the case of individual entrepreneurs, individual limited liability companies, communities and people's societies, in these last two cases where their community members or partners are exclusively natural persons domiciled or residents in Chile, do not exercise the option referred to in the foregoing paragraph, in the opportunity and form established in this article, shall be subject to the provisions of point (A), applying to other taxpayers who have not opted, the rules of point B). Taxpayers who engage in activities shall exercise that option within the time limit set by Article 68 of the Tax Code, in the declaration to be made by giving the corresponding notice. In respect of those who are eligible for the other systems of taxation established by this law which choose to declare their actual income according to full accounts in accordance with points (A) or (b) of this Article, they shall submit that a declaration exercising the option within three months before the end of the financial year preceding the year in which one of those schemes is received, in compliance with the requirements set out in the sixth subparagraph. Taxpayers shall be kept in the appropriate tax system for at least five consecutive commercial years. After that period, they may be changed to the alternative regime of this Article, as appropriate, and must be maintained in the new regime for which they have opted for at least five consecutive commercial years. In the latter case, taxpayers will have to exercise the new option within the last three months of the commercial year preceding the one in which they enter the new regime, and so on. In order to exercise the option, individual entrepreneurs, individual limited liability companies and the contributors to Article 58, number 1, must submit to the Service, on the occasion indicated, a declaration signed by the a taxpayer, in which the decision to benefit from the schemes referred to in points (A) or (B) is included. In the case of communities, the declaration in which the right to option is exercised must be signed by all the members of the community, who must unanimously adopt that decision. In the case of companies of persons and companies by shares, the option shall be exercised by submitting the declaration signed by the company, accompanied by a public deed on the basis of the unanimous agreement of all the shareholders or shareholders. In the case of closed or open anonymous companies, the option chosen must be approved by an extraordinary meeting of shareholders, with a quorum of at least two-thirds of the shares issued with the right to vote, and will be effectively presented. the declaration signed by the company, accompanied by the minutes reduced to the public deed of the board meeting the solemnities laid down in Article 3 of Law No 18,046. Where the entities or persons referred to in this paragraph act through their representatives, they shall be expressly empowered to exercise the option indicated. (a) Taxpayers who are obliged to declare their actual income according to full accounting, subject to the first class tax system with total credit imputation on the final taxes. In order to apply the additional or additional global taxes, as appropriate, individual entrepreneurs, individual limited liability companies, the taxpayers of Article 58, N ° 1, the communities and companies, must attribute the income or amounts obtained, written or received by those contributors or assigned to them, by applying the following rules: 1.-Individual employers, contributors to Article 58, number 1, community members, partners and shareholders of companies declaring an effective income according to full accounting This letter shall be taxed in the same financial year for the income or quantities of the undertaking, community, establishment or company allocated to them in accordance with the rules of this Article, and in respect of all the amounts any title withdraws, remittance or distributed to them from the respective company, community or company, as set out in the following number 5, in accordance with the provisions of Articles 54, number 1; 58, numbers 1 and 2; the present law. The legal entities or persons subject to the provisions of this letter, which are, in their turn, members or shareholders of other companies that declare their effective income according to complete accounting, shall attribute to their owners, community members, partners or shareholders both own income to be determined in accordance with the rules of the First Category, as well as those relating to supplementary or supplementary global taxes, which are attributed to them by other taxpayers subject to the provisions of the (a) and/or (B), where in the latter case it is appropriate; to the number 1.-of point (C) of (a) this Article; or Article 14b (A), as the case may be, and the income or amounts taxed with supplementary or supplementary global taxes which are withdrawn or distributed to them by the taxpayers subject to the provisions of points (A) and/or (B) of this article, in their capacity as owners, community members, partners or shareholders, and so on, until such income or amounts are attributed in the same financial year to a taxpayer of the additional or additional global taxes, according to is the case. 2.-To determine the amount of the income or amount attributable, it affects the additional or additional global taxes of the taxpayers mentioned in the previous number 1, as well as the credit established by Articles 56, number 3), and 63 corresponds to those income, the sum of the following amounts shall be considered at the end of the respective commercial year: (a) The positive balance resulting in the determination of the taxable income in accordance with the provisions of Articles 29 to 33. Income exempt from the first class tax or other amounts which are not part of the taxable income but are also subject to additional or additional global taxes. (b) The income or amounts attributed to the company as the owner, partner, community or shareholder of other companies, communities or companies, is that they are obliged to determine their effective income according to complete accounting subject to the provisions of point (A); subject to point (B), in the cases referred to in point (4) of that point; subject to the number 1.-of point (C), all of this Article; or are covered by the provisions of Article 14b (a) and provided that they are not absorbed in accordance with Article 31 (3), corresponds. (c) the income or amounts affected by supplementary or additional global taxes, received in the form of withdrawals or distributions from undertakings, communities or companies which are subject to the provisions of points (A) and/or (B) of this Article Article 31 shall not be absorbed by losses in accordance with the provisions of Article 31. In accordance with the provisions of Article 33 (5), the Commission shall, Income shall be attributed by way of incorporation in the determination of the taxable income of the first class tax. In such cases, the credit provided for in Articles 56 (3) and 63 shall be granted on the basis of the income attributed to the first class tax which has affected the income of the undertakings subject to the scheme. 3. In order to attribute the income or quantities indicated in the preceding number to the contributors of the preceding number 1, the following rules shall apply at the end of each marketing year: (a) the allocation of such income shall be effected in the manner that the partners, community or shareholders have agreed to distribute or share their profits, provided that the respective agreement or the form of the agreement has been expressed distribution in the social contract, the statutes or, in the case of the communities, in a public deed, and the Service has been informed thereof, in the form and time limit fixed by resolution, in accordance with the provisions of the number 6.- next. (b) The allocation of such income may, in the event that the above rules are not applied, be effected in the same proportion as the taxpayer has subscribed and paid or effectively informed the capital of the company, business or enterprise. In the case of individual entrepreneurs, individual limited liability companies and taxpayers of Article 58, number 1, the respective income or quantities shall be attributed in their entirety to the respective employers or taxpayers. In the case of the communeros it shall be in proportion to their share or part in the good in question. These circumstances must also be informed to the Service, in the form and time limit determined by resolution, in the terms of the number 6.-of this letter. 4.-Taxpayers of the first class tax who are obliged to declare their effective income according to full accounts, subject to the provisions of this letter A), must carry out and maintain, for the control of the taxation affecting the The following amounts shall be recorded in the number 1.-previous: (a) 'own funds' shall be recorded at the end of the respective commercial year, the positive balance of the quantities referred to in point (a) of the preceding year, with the indication of the owners, partners, community or shareholders to whom has attributed the income to them, and the proportion in which it was made. This register shall be reduced at the end of the financial year, in the chronological order in which a negative balance may even occur, the quantities referred to in Article 21 (2), adjusted in accordance with the variation of the the consumer price index between the month preceding the month in which the species was withdrawn or the respective disbursement and the month before the end of the financial year. When withdrawals, remittance or distributions are carried out in respect of the amounts in question (a), they shall be considered for all purposes of this law as income that has already completed their taxation with income taxes. (b) "third party" attributed to third parties: The positive balance of the quantities referred to in point (b) of the preceding year shall be recorded at the end of the respective commercial year, with the indication of the owners, partners, community members or shareholders to whom the income has been attributed to them and the proportion in which it was made, as well as the identification of the company, company or community from which the income has been attributed to it. (c) exempt income and non-income income: must be recorded at the end of the commercial year, income exempt from supplementary or additional global taxes and non-income income earned by the taxpayer, as such as all such quantities of the same nature as it receives in the form of withdrawals or dividends from other undertakings subject to the provisions of points (A) and/or (B) of this Article, without prejudice to the need to reduce these amounts a sum equal to the amount of the tax loss that is absorbed in accordance with number 3; Article 31, by profits attributed to the company in its character as owner, partner, community or shareholder of other companies, communities or companies. From this register, the costs, expenses and disbursements attributable to the same type of income, as provided for in Article 33 (1) (e), shall be reduced. (d) Rent or amounts affected by additional or additional global taxes where they are withdrawn, remesed or distributed: They must register the amount to be determined annually, at the end of the respective commercial year, resulting from the difference which results from subtracting the higher amount between the positive value of the financial net worth and the tax capital itself; the positive amount of the sums recorded in the records set out in points (a) and (c) above and the value of the capital the company, plus its increases and less its subsequent decreases, adjusted all according to the variation in the price index to the consumer between the month preceding the month in which the contribution is made, increase or decrease and the month before the end of the financial year. For these purposes, the value of the tax own capital determined in accordance with Article 41 (1) shall be considered. e) Control of withdrawals, remittances or distributions made from the company, permanent establishment or company: The amount of withdrawals, remittances or distributions that are made during the financial year, adjusted according to the variation of the consumer price index between the month preceding the month in which the withdrawal, remittance or distribution takes place and the month before the end of the financial year. (f) Cumulative credit balance: The undertaking shall maintain the control and record of the accumulated balance of first class tax credits provided for in Articles 56 (3) and 63, to which the owners, members, members or partners shall be entitled shareholders of these companies on withdrawals, remittances or distributions affected by supplementary or additional global taxes, where appropriate according to the number 5.-next. For these purposes, that part of such claims, the repayment of which is not appropriate if a surplus proceeds from its imputation against the supplementary global tax payable by the Member State concerned, must be checked separately. to the respective owner, community, partner or shareholder. The cumulative balance of appropriations corresponds to the sum of the tax paid on the occasion of the change of taxation regime referred to in point (b) of point (d) of this Article, or product of the application of the rules of the Article 38a, in the event of an absorption or merger with undertakings or companies subject to the provisions of point (B) of this Article, added to the remainder of those arising from the immediately preceding financial year. From that balance, those credits that are assigned to the withdrawals, remittances or distributions in the form set out in the number 5.-next. 5.-The withdrawals, remittance or distributions shall be charged to the records referred to in points (a), (c) and (d) of the preceding number 4.-above, in the opportunity and in the chronological order in which they are made. To this end, the remaining balance of the amounts shown in the preceding financial year shall be regarded as the initial balance of those records, which shall be adjusted in accordance with the variation in the consumer price index between the month before the end of that financial year and the month preceding the date of withdrawal, remittance or distribution. The allocation shall be made starting from the quantities entered in the register provided for in point (a), and then the amounts recorded in the register referred to in point (c), in the latter case, starting with the exempt income and then the non-income of income. In the event of an excess, the excess shall be charged to the income or quantities entered in the register set out in point (d) of the preceding number 4. Where withdrawals, remittance or actual distributions are imputed to the quantities indicated in the records set out in points (a) and (c) of No 4, these quantities shall not be affected by any tax, In all cases, the taxation of this law, in any case, is considered to be those made from the income exempt from the supplementary global tax, for the purposes of the progressiveness provided for in Article 54. If the withdrawals, remittance or distributions made in the year are attributed to the quantities entered in the register as set out in point (d) of the preceding number, the amounts shall be affected by the additional global taxes or additional, as appropriate. The credit to which such withdrawals, remittance or distributions shall be entitled shall be determined by the rate of credit calculated at the end of the preceding financial year. The calculated credit shall be charged to the cumulative balance referred to in point (f) of the preceding number 4. For these purposes, the remaining balance of credit balance shall be adjusted for the change in the Consumer Price Index between the month prior to the end of the previous year and the month preceding the withdrawal, remittance or distribution. Where withdrawals, remittance or distributions resulting from the income or amounts entered in the register set out in point (d) of the number 4.-above are to be included in the taxable amount of the additional or additional global tax, or in the tax base of the tax of the first category, according to the number of the 5 of Article 33, a sum equivalent to the total amount determined by applying on the amount of the withdrawal, remittance or distribution, the corresponding credit rate determined according to the rules that is determined shall be added in the respective tax base. indicate in the following paragraphs. If the allocation of withdrawals, remittances or distributions results in a difference not attributed to the remainder from the immediately preceding financial year of the records set out in points (a), (c) and (d) of the preceding number 4. shall be charged to the balance shown in registers (a), (c) and (d) at the end of the register. This imputation shall be carried out in the same order as the first subparagraph of this number. For the above purposes, the difference in withdrawals, remittance or distributions not charged at the time of the withdrawal shall be adjusted according to the variation in the consumer price index between the month before the withdrawal, remittance or distribution. and the month preceding the end of the respective commercial year. In the case referred to, the credit referred to in Articles 56 (3) and 63 shall be derived only where a new cumulative balance of credit is determined at the end of the respective financial year, in accordance with the credit rate which is calculate the same date. The credit to be allocated in accordance with these rules shall be charged to the accumulated balance to be determined for the following financial year. The rate of credit referred to in this number shall be that of dividing the rate of the first class tax in force at the end of the preceding financial year or at the end of the withdrawal, remittance or distribution, as appropriate, per cent. the rate of the levy, all expressed as a percentage. The remaining credit to be determined after applying the rules of this number and in point (f) of the number 4.-above, adjusted for the variation of the consumer price index between the month preceding that of the last withdrawal, remittance or distribution and the month preceding the end of that financial year shall be considered as part of the accumulated credit balance for the following financial year and so on. Where, at the end of the respective financial year, withdrawals, remittances or distributions affected by supplementary or additional global taxes are not to be entitled to the credit provided for in Articles 56 (3) and 63, there is no accumulated balance of appropriations to be allocated, the respective company or company may choose to pay voluntarily for the first class tax, a sum equivalent to that resulting from the application of the tax rate to a tax the amount of the amount resulting in the amount resulting from the net amount of the withdrawal, remittance or distribution. The tax paid in the form indicated may be imputed against the additional or additional global taxes that are serious to the withdrawals, remittances or distributions made in the financial year. If the tax is paid, the company or company concerned may only deduct in the determination of the taxable amount and up to the positive amount resulting from it, a sum equal to the amount on which it was applied and effectively paid the tax rate of the first category according to the previous paragraph. If the deduction referred to is a surplus, either for the existence of a loss for tax purposes or for another cause, that surplus may be deducted in the following financial year and subsequent to its total extinction. For the purposes of imputation, that surplus shall be adjusted in the percentage of variation experienced by the Consumer Price Index between the month before the end of the financial year in which it was determined and the month before the end of the year. the closure of the exercise of their imputation. 6.-The tax payers of the first class, subject to the provisions of this letter A), shall report annually to the Service, before 15 March of each year, in the form determined by resolution: (a) The criteria on the basis of which it was agreed or established to carry out withdrawals, remittances or distributions of profits or quantities, and which has served as a basis for the allocation of income or quantities in the commercial year The amount of income or amount generated by the same taxpayer or attributed from other companies, communities or companies, which in turn is attributed to the respective owners, partners, community or shareholders, according to the set in numbers 2.-and 3.-above. (b) the amount of the withdrawals, remittances or actual distributions that are made in the respective commercial year, with the indication of the beneficiaries of those amounts, the date on which they were made and the record to which they were charged. (c) the remainder of the preceding financial year, increases or decreases in the financial year, and the final balance to be determined for the records referred to in points (a), (c), (d) and (f) of the previous year. (d) the details of the determination of the annual balance of the registration as set out in point (d) of the preceding number 4, identifying the values which have been used to determine the financial net worth, the capital itself and the capital provided; the company plus its subsequent increases and decreases, adjusted according to the variation in the price index to the consumer between the previous month in which the contribution is made, increase or decrease and the month before the end of the exercise. Taxpayers shall also be required to inform and certify their owners, community members, partners and shareholders, in the form and time limit set by the Service by resolution, the amount of the income or amounts attributed to them, withdraw, be reimbursed or distributed to them, as well as the credit provided for in Articles 56 (3) and 63, and if the surplus to be determined after their imputation may or may not be the subject of a refund of the overall tax supplementary, and the increase referred to in Articles 54, 58 and 62, in accordance with the provisions of this Article. (b) Taxpayers who are obliged to declare their actual income according to full accounts, subject to the first class tax system with partial deduction of credit in the final taxes. In order to apply the additional or additional global taxes, as appropriate, on the income or quantities obtained by those contributors or, where appropriate, assigned to them in accordance with this Article, the The following rules: 1.-Individual employers, contributors to Article 58, number 1, members, community members and shareholders of undertakings which declare effective income in accordance with this letter B) shall be subject to the additional or additional global taxes, as appropriate, on all amounts any title withdraws, remittance, attributed to them, or distributed to them from the respective company, community or company, in accordance with the rules of this Article and the provisions of Articles 54, number 1; 58, numbers 1 and 2; 60 and 62 of this law, except in the case of non-cash income or capital returns and adjustments made in accordance with Article 17 (7). 2.-The taxpayers subject to the provisions of this letter shall carry out and maintain the registration of the following amounts: (a) exempt income and non-income income. At the end of the commercial year, the income from the supplementary or additional global taxes and the non-constitutive income earned by the taxpayer, as well as all those amounts of the same nature as is entitled to withdrawals or dividends from other companies subject to the provisions of points (A) and/or (B) of this Article, without prejudice to the reduction of such amounts by a sum equal to the amount of the tax loss which is absorbed in accordance with Article 31 (3), by profit attributed to the undertaking in question its character as the owner, partner, community or shareholder of other undertakings, communities or companies, where appropriate. From this register, the costs, expenses and disbursements attributable to the same type of income, as provided for in Article 33 (1) (e), shall be reduced. (b) Cumulative credit balance. The company shall maintain the control and record of the accumulated balance of first class tax credits set out in Articles 56 (3) and 63, to which the owners, members, partners or shareholders of these undertakings shall be entitled to withdrawals, remittance or distributions affected by supplementary or additional global taxes, where appropriate in accordance with the following number 3.- For these purposes, it shall keep the separate register of the appropriations indicated, provided that a portion of the appropriations may be subject to the refund obligation referred to in Articles 56 (3) and 63. That part of such claims, the repayment of which is not appropriate in the event of a surplus resulting from their imputation against the supplementary global tax payable by the Member State, must also be monitored separately. respective owner, community, partner or shareholder. The cumulative balance of appropriations corresponds to the sum of those referred to in numerals (i) and (ii) below, together with the remainder of these appropriations from the immediately preceding financial year. From that balance, those credits that are assigned to the withdrawals, remittances or distributions in the form set out in the number 3.-next. (i) The cumulative amount of credit subject to the refund shall correspond to the sum of the amount of the First category paid by the company or company during the respective commercial year, on the taxable income; and the amount of the credit for tax of the first category subject to restitution corresponding to the withdrawals, dividends or shares affected by supplementary or supplementary global taxes, which it receives from other undertakings or companies subject to the provisions of point (B) of this Article. (ii) The cumulative amount of credit that is not subject to the said refund shall correspond to the sum of the amount of the first class tax that has the same quality and is assigned to the withdrawals, dividends, or shares affected by the additional or additional global taxes, which it receives from other undertakings or companies subject to the provisions of point (B) of this Article, where they are not absorbed by losses. (c) Withdrawals, remittances or distributions made from the company, or company: The amount of withdrawals, remittances or distributions that are made during the financial year, adjusted according to the variation of the price index to the the month preceding the month before the end of the financial year, the consumer enters the month preceding the month in which the withdrawal takes place. 3.-For the application of supplementary or additional global taxes, withdrawals, remittance or distributions shall be charged to the sum of income or amounts affected by such taxes that the company maintains and then to those recorded in the register referred to in point (a) of number 2.-above, in the time and in the chronological order in which they are carried out, considering the sums according to their balance at the end of the preceding financial year. For this purpose, those quantities shall be adjusted in accordance with the variation in the price index to the consumer between the month preceding the end of the preceding financial year and the month preceding the date of withdrawal, remittance or distribution. The imputation shall be effected by the beginning of the income or quantities affected by the additional or additional global tax indicated, followed by those recorded in the register set out in point (a) of the preceding number 2. starting with the exempt income and then the non-constitutive income. The credit to which withdrawals, remittance or distributions resulting from income or amounts affected by supplementary or additional global taxes shall be entitled shall be determined by the rate of credit established by the credit rate. calculated at the close of the previous year. The calculated credit shall be charged to the cumulative balance referred to in the preceding number 2. For these purposes, the remaining credit balance shall be adjusted according to the change in the Consumer Price Index between the month prior to the end of the previous year and the month preceding the withdrawal, remittance or distribution. Where withdrawals, remittance or distributions are imputed to the amounts indicated in the register set out in point (a) of the preceding number 2, they shall not be affected by any tax, because their taxation with the income taxes, in any event, in the case of those made from income exempt from the supplementary global tax, for the purposes of the progressiveness provided for in Article 54. If the allocation of withdrawals, remittance or distribution results in a difference not attributed to the remainder of the preceding financial year, the amount shall be charged to the income or quantities to be determined at the end of the financial year. respective. This allocation shall be made in the order laid down in the first subparagraph of this number. For the above purposes, the difference in withdrawals, remittance or non-imputed distributions at the time of the withdrawal shall be adjusted in accordance with the variation in the consumer price index between the month preceding the withdrawal, remittance or distribution and the month preceding the end of the respective commercial year. In the latter case, the credit referred to in Articles 56 (3) and (63) shall only be granted when a new cumulative credit balance is determined at the end of the respective financial year, in accordance with the credit rate which is calculate the same date. The credit to be allocated according to these rules shall be charged to the accumulated balance to be determined for the following financial year. The rate of credit referred to in this number shall be that of dividing the rate of the first class tax in force at the end of the preceding financial year or at the end of the withdrawal, remittance or distribution, as appropriate, per cent. the rate of the levy, all expressed as a percentage. Where the credit is imputed to the accumulated balances, the amount shall be charged in the first term to those registered in accordance with point (b) of point (b) of number 2.-precedent, not subject to refund, and then, once it has been exhausted (a) shall be charged to the accumulated balance established in the preceding number (i), subject to refund, until exhausted. The remaining credit to be determined after applying the rules of this number and the number 2.-above, adjusted for the variation of the consumer price index between the month before the last withdrawal, remittance or distribution and the month that Before the end of that financial year, it shall be considered as part of the accumulated credit balance for the following financial year and so on. The sum of the income or amounts affected by the additional or additional global taxes maintained by the undertaking shall correspond to the amount to be determined annually, at the end of the commercial year in question, as the difference resulting from the subtract the largest amount between the positive value of the financial net worth and the tax capital; the positive amount of the sums recorded in the register set out in point (a) of the preceding number 2 and the value of the capital contributed the company plus its increases and minus its subsequent decreases, adjusted according to the variation of the consumer price index between the month preceding the month in which the contribution is made, an increase or decrease and the month before the end of the financial year. For these purposes, the tax own capital determined in accordance with Article 41 (1) shall be considered. If at the end of the respective financial year it is determined that withdrawals, remittance or distributions affected by supplementary or additional global taxes are not entitled to the credit provided for in Articles 56 (3) and 63, there is no accumulated balance of appropriations to be allocated to them, the respective company or company may voluntarily choose to pay for the first class tax, a sum equivalent to that resulting from the application of the fee of the said tax an amount such that, by subtracting the tax, the resulting amount is the net amount of the withdrawal, remittance or distribution. The tax paid, can only be charged against the additional or additional global taxes that are serious to the withdrawals, remittances or distributions made in the financial year. Without prejudice to the foregoing, the tax paid in accordance with the preceding paragraph shall constitute a credit against the first class tax to be paid by the respective company or company in the following financial year or in subsequent financial year. If, in the respective year, a surplus of this credit is determined, either for the existence of a loss for tax purposes or for another cause, that surplus shall not give the right to refund or imputation to other taxes, but may to be charged in the following and subsequent financial year up to their total extinction. For the purposes of its allocation, this appropriation shall be adjusted in the same percentage of variation as the consumer price index has experienced between the month preceding the end of the financial year in which it was determined and the month before the end of the year. the closure of the exercise of their imputation. The tax of the first category covered by the credit referred to in this paragraph may not be charged again as a credit in accordance with Articles 56, number 3, and 63. 4.-Companies or companies covered by the provisions of this point (B), which are, in their turn, members or shareholders of other undertakings which declare their effective income in accordance with the provisions of points (A) or (c) of this Article; or in accordance with Article 14b (A), they shall confer on their owners, community members, members or shareholders, the income affected by the supplementary or supplementary global taxes, which are attributed to them by the undertakings concerned, with the right to credit provided for in Articles 56 (3) and 63, as appropriate, unless such income is due losses incurred, in accordance with the provisions of Article 31 (3), in which case they shall attribute only that part which has not been absorbed by the loss. The same rule shall apply in cases where the income has been attributed to the undertaking concerned, by taxpayers subject to the provisions of this point (B), by the income of third parties which the latter must attribute to the set in the preceding paragraph. For these purposes, the provisions of point (A) of Article 3 (A) shall apply. 5.-Taxpayers of the first class tax, subject to the provisions of this letter B), shall report annually to the Service, before 15 March of each year, in the form determined by resolution: (a) Withdrawals, remittance or actual distributions in the respective commercial year, indicating the beneficiaries of those amounts, the date on which they were made and whether they are income or amounts affected by the overall tax supplementary or supplementary income, income not constituting income or income which has been taxed. They shall also report the credit rate they have determined for the financial year, and the amount of the amount, in accordance with Articles 56 (3) and 63, indicating whether or not a credit is subject to the refund obligation, and both cases if the surplus to be determined after their allocation may be the subject of repayment or not to taxpayers of the supplementary global tax. (b) the remainder of the preceding financial year, increases or decreases in the financial year, and the final balance to be determined for the records referred to in points (a) and (b) of the preceding year. (c) the details of the determination of the annual balance of income or amounts affected by the supplementary or additional global taxes held by the company, identifying the securities that have been used to determine the financial net worth, the capital and the capital contributed effectively to the company plus its subsequent increases and decreases, adjusted according to the variation in the price index to the consumer between the previous month in which the contribution is made, or decrease and the month before the end of the financial year. (d) the amount of the income or amount that is attributed to the respective owners, partners, community or shareholders, in accordance with the number 4.-above, and the criterion used to make such attribution, as provided for in the 3.-of point (A) of this Article. Taxpayers shall also be required to inform and certify their owners, community members, partners and shareholders, in the form and time limit set by the Service by resolution, the amount of the income or amounts withdrawn, attribute or distribute to them, in the case of income or amounts affected by supplementary or supplementary global taxes, exempt income or non-income income, as well as the credit provided for in Articles 56 (3) and 63; and an increase referred to in Articles 54, 58 and 62, in accordance with the provisions of this Article. C) Other contributors. 1.-In the case of taxpayers concerned with the first class tax, who declare effective income and who do not determine them on the basis of a general balance sheet, according to full accounting, the income established in accordance with Title II, plus all revenue or profits received or accrued by the undertaking, including the income attributed to it or collected in accordance with this Article by holdings in companies which determine their taxable income in the same way, or determine it on the basis of full accounting, or are subject to the provisions of Article 14 (a) they shall be taxed in respect of the individual employer, partner, community or shareholder, with the additional or additional global tax, in the same financial year to which they correspond, in the form set out in numbers 2.-and 3.-of the (a) above. 2. The presumed income shall be affected by the taxes of the first category, complementary or supplementary, in the same financial year to which they correspond, attributing to the closure of the same. In the case of companies and communities, the allocation shall be made in the form set out in points (a) or (b) of point (A) of this Article, and in proportion to their respective shares in the good in question, as appropriate. D) Rules on the harmonisation of taxation systems. 1.-Effects of regime change. (a) Where taxpayers subject to the provisions of point (A) choose to apply the provisions of point (B), they shall maintain, on the first day on which they are subject to the new provisions, the registration and control of the amounts recorded in the records kept at the end of the financial year immediately preceding the change of scheme. In this way, the quantities referred to in point (a) and (c) of point (a) of point (a) shall be entered as part of the balance of the register set out in point (a) of point (b) of the preceding subparagraph, while the credit balance established in point (f) of point (a) of point (a) of point (a), the cumulative balance of the appropriations referred to in point (ii) of point (b) of the preceding subparagraph shall be added. The amounts entered in the register set out in point (d) of point (a) of point (a) shall be deemed to be part of the balance of the sum of income or amounts affected by the additional or additional global taxes maintained by the undertaking. to that date. (b) Where the taxable persons subject to the provisions of point (B) opt to apply the provisions of point (A), they shall apply the provisions of Article 38a (2). In this case, the company shall be affected by taxes which are determined as if it had given notice of a turnaround, and the tax to be paid, shall be incorporated in the accumulated credit balance referred to in point (f) of point 4. A). The tax referred to in Article 38a shall be declared and paid in this case at the time the annual income tax declaration of the undertaking is to be submitted, in accordance with Article 69. The rules laid down in Article 38a (3) shall not apply in this situation. 2.-Effects of the division, conversion and merger of undertakings or companies subject to the arrangements provided for in point (A) of this Article. In the division, conversion of an individual entrepreneur and merger of companies or companies, within the latter the dissolution produced by the meeting of the total of the rights or actions of a society in the hands of the same person, in the company or the divided company, which is converted, the absorber and the absorbers are subject to the provisions of point (A) of this Article, the undertakings or companies which are constituted or the undertaking or the continuing company, as they must be kept in the same scheme until the end of the 5-year commercial period, from the date on which the company or the divided company was incorporated into such a scheme, which is converted or continued, as the case may be, after which period after which they may choose to apply the rules of point (B) of this Article, in compliance with the requirements and formalities laid down in the second to the sixth of this Article. In the division of a company or a company subject to the provisions of point (A), the balance of the amounts entered in the records referred to in points (a), (c), (d) and (f) of point 4 (a) shall be allocated to each of the institutions. (a) in proportion to the respective capital of the respective tax capital, the registration and control of such capital should be maintained. For its part, the company which is divided shall keep the register of the quantities referred to in point (e) of that number 4. In the case of the conversion or merger of companies subject to the provisions of point (A) of this Article, the undertaking or the continuing company shall also maintain the registration and control of the quantities entered in the registers indicated above. in points (a), (c), (d) and (f) of point (a) of point (A) of this Article. The company or company that is converted or merged will be affected by the taxes, and shall attribute the income to be determined by the period corresponding to the term of its rotation, in accordance with the provisions of the numbers 2.-and 3.-of the same letter. In such cases, the undertaking, community or company ending its rotation shall not apply the provisions of Article 38a. In the case of the merger or absorption of undertakings or companies, in which the absorber is subject to the provisions of point (A) of this Article, one or more of the companies or companies acquired or merged are subject to the (b) the latter shall be affected by the taxes which they derive, by the income determined in the commercial year corresponding to the end of their rotation, in accordance with the provisions of paragraph (B) and other legal rules. It shall also apply, in respect of such undertakings or companies, as provided for in Article 38a (2), however, the right to opt for the number 3 of that Article shall not be applicable. The tax paid may be charged as a credit, as provided for in point (f), of the number 4.-and in number 5.-of point (A), and must be entered in the merger date as part of the cumulative amount of credit to which the the latter provisions relate to. In the merger by creation, the undertaking or company which is constituted may choose to apply the provisions of Article 14 (A) or (B), in accordance with the general rules laid down in the second to the sixth of this Article. Depending on whether the company or company is an option, it must maintain the records and quantities laid down in Article 4 (A) (A) and (2)-and (3)-of this Article, which the merged companies maintain, as well, to apply the taxes corresponding where applicable as provided for in Article 38a, applying to the effect in all relevant the other rules mentioned in this article. 3.-Effects of the division, conversion and merger of undertakings or companies subject to the arrangements provided for in point (B) of this Article. In the division, conversion of an individual entrepreneur and merger of companies or companies, within the latter the dissolution produced by the meeting of the total of the rights or actions of a society in the hands of the same person, in the company or divided company, the one that becomes, the absorber and the absorbers were subject to the disposicione (b) of this Article, the undertakings or companies which are constituted or the undertaking or continuing company, as the case may be, shall be kept in the same scheme until the completion of the 5-year period, counted from the time when the incorporated into such a scheme the company or divided company, which becomes or continues, as the case may be, period after which they may choose to apply the rules of point (A) of this Article, in compliance with the requirements and formalities laid down in the second to the sixth of this article. In the division, the balance of the amounts to be entered in the records referred to in points (a) and (b) of point (b) of point (b) of this Article, as well as the balance of the sum of income or amounts affected by global taxes additional or additional to be recorded by the undertaking on that date, each of them shall be allocated in proportion to the respective tax capital, and the recording and control of those amounts shall be maintained. In the case of the conversion or merger of companies, the undertaking or the continuing company must also maintain the registration and control of the amounts entered in the records referred to in points (a) and (b) of point (b) of this Article. Article, as well as the balance of the sum of income or amounts affected by the supplementary or additional global taxes that the company registers to that date. In such cases, the undertakings or companies which are converted or merged shall be affected by the taxes which they derive, by the income determined in the commercial year corresponding to the end of their rotation, in accordance with the provisions of paragraph (B), and other legal rules. In the case of the merger or absorption of undertakings or companies, in which the absorber is subject to the provisions of point (B) of this Article, one or more of the companies or companies acquired or merged are subject to the (a) the first shall maintain the registration and control of the quantities recorded at the time of the merger or absorption in the records of the absorbers. In this way, the quantities referred to in point (a) and (c) of point (a) of point (a) shall be entered on the date of the merger as part of the balance of the register set out in point (b) of point (a) of point (b), while the balance the cumulative amount of credit referred to in point (f) of point (a) of point (a) shall be recorded as part of the accumulated credit balance referred to in point (b) of point (b) of point (b) of point (b) of point (b) respectively. The amounts entered in the register set out in point (d) of point (a) of point (a) shall be deemed to be part of the balance of the sum of income or amounts affected by the supplementary or additional global taxes recorded by the undertaking. to that date. In such cases, the companies or companies acquired shall be affected by the taxes, and shall attribute the income to be determined by the commercial year corresponding to the end of their rotation, in accordance with the provisions of the numbers 2.-and 3.-of point A). 4.-Effects of the merger or absorption of companies subject to the provisions of points (A) or (b) of this Article, with companies or companies subject to the provisions of Articles 14b (A) and 34. (a) in the merger or absorption of undertakings or companies, in which the absorber is subject to the provisions of points (A) or (b) of this Article, and one or more of the companies or companies acquired or merged are subject to Article 14b (A) shall determine, at the date of merger or absorption, an inventory of the goods in accordance with the provisions of Article 14b (6) (c) of Article 14b (6), in accordance with Article 14b of the Treaty. This treatment is established for the income to be determined on that date. In the event of a loss resulting from the application of the above mentioned rules, it may in no case be imputed by the acquiring company. The difference which, pursuant to Article 14b (6) (d) of Article 14b (6), is determined on the date of merger or absorption, shall be entered on the records which it is required to bear on the date of merger or absorption. the undertaking or the acquiring company, in accordance with point (c) of point (a) of point (a) or in point (a) of point (b) of point (b), both of this Article, as appropriate. (b) in the case of the merger or absorption of undertakings or companies, in which the absorber is subject to the provisions of points (A) or (b) of this Article, and one or more of the companies or companies acquired or merged are subject to the provisions of Article 34, the latter shall determine the date of merger or absorption, the amount of the capital, in accordance with the rules applying to taxpayers who move from the scheme established to the schemes referred to in points (A) or (b) of the Article 14. The acquiring company or company shall consider for all the purposes of this law the value of the assets and liabilities of the companies or companies absorbed, determined in accordance with those rules. If a company or company subject to the provisions of Article 14b (A), or Article 34, absorbs or merges with another subject to the provisions of point (A) or (b) of this Article, the acquiring company shall be incorporated into the effective income according to complete accounting for which it decides to choose, to be counted at the beginning of the commercial year in which the merger or absorption takes place. In such a case, the companies subject to the first provisions indicated must consider, for these purposes, that they have been previously incorporated into the scheme referred to in point (A) or (B) of this Article, as appropriate, at the date indicated, apply the rules laid down in the preceding numbers, and those governing the taxation systems of Article 14b (A) and Article 34. The exercise of the option must be carried out within the same year in which the merger takes place, in the form set out in the fourth indent of this Article. E) Information on certain investments. 1. The following rules shall apply to taxpayers covered by the provisions of points (A) or (b) of this Article: (a) Investments abroad: they shall report to the Service until 30 June of each commercial year, by means of a declaration in the form which it establishes by resolution, the investments made abroad during the prior commercial year, with an indication of the amount and type of investment, of the country or territory in which it is located, in the case of actions, shares or rights, the percentage of participation in the capital that are presented by the company or entity incorporated abroad, the destination of the funds invested, as well as any other information Additional information provided by the Service in respect of such investments. In the absence of such a declaration, it shall be presumed, unless proof to the contrary, that such investments abroad constitute withdrawals of species or representative amounts of disbursements of money which must not be imputed to the value or cost of the assets of the asset, for the purposes of applying the tax applicable in accordance with Article 21, without the deduction of the deduction in the determination of the first class taxable income. Where the investments referred to in this point have been made directly or indirectly in countries or territories included in the list set out in Article 41 (2) of Article 41 (2), or are classified as low or zero taxation in accordance with the Article 41 H, in addition to the filing of the said declaration, must inform each year, within the prescribed period, of the state of such investments, indicating their increases or decreases, the fate of the entities recipients have given to the respective funds, as well as any other information required by the Service on such investments, in the opportunity and form that you establish by resolution. In the absence of such a declaration, it shall be presumed, unless proof to the contrary, that such investments abroad constitute withdrawals of species or to representative quantities of disbursements of money in the same way already indicated and with the for the purposes of applying the provisions of Article 21. In any event, the taxpayer may prove that the investments were made with sums corresponding to his capital or non-constitutive income, assuming, unless proof to the contrary, that the tax capital of the The taxpayer exceeds the sum of its capital and the non-constitutive income of income, such investments have been made, in excess, with amounts that have not fully complied with the taxes of this law, proceeding then the application of the provisions referred to in Article 21. The malicious delivery of incomplete or false information in the declarations provided for in this letter shall be sanctioned in the manner provided for in the first subparagraph of Article 97 (4) of the Tax Code. (b) Investments in Chile: undertakings, entities or companies domiciled, resident, established or incorporated in Chile which obtain passive income in accordance with the criteria laid down in Article 41 G, may not be used in an abusive manner to defer or decrease the taxation of the final taxes of its owners, partners or shareholders. In accordance with the foregoing, where the existence of abuse or simulation has been determined in accordance with the provisions of Articles 4a et seq. of the Tax Code, the amount of such investment shall be applied in respect of the amount of such investments n Article 21, without prejudice to the application of the taxes which correspond to the beneficiaries of the respective income or quantities and the penalties which they apply. In any event, the taxpayer may prove that the investments were made with sums corresponding to his capital or non-constitutive income, assuming, unless proof to the contrary, that the tax capital of the The taxpayer exceeds the sum of its capital and the non-constitutive income of income, such investments have been made, in excess, with amounts that have not fully complied with the taxes of this law, proceeding then the application of the provisions referred to in Article 21. Notwithstanding the foregoing, where it is determined that the respective acts, contracts and operations have been carried out maliciously in order to prevent, reduce or defer the application of the additional or additional global taxes, shall be sanctioned in accordance with the provisions of the first subparagraph of Article 97 (4) of the Tax Code. 2.-Special Rules. Taxpayers or entities domiciled, resident, established or incorporated in the country, whether or not they are subject to income tax, who have or acquire in a calendar year any quality of the constituent or settlor, beneficiary, trustee or trustee of a trust created under foreign law provisions, shall report annually to the Service, by filing a declaration in the form and time limit set by resolution, the following background: a) Name or denomination of the trust, date of creation, country of origin, the country whose legislation governs the effects of the provisions of the trust; country of residence for tax purposes; tax identification number used abroad in the acts executed in relation to the assets of the trust, indicating the country that granted the trust number; identification number for tax purposes of the trust; and, the trust's assets. (b) Name, social reason or denomination of the constituent or settlor, of the trustee, of the administrators and of the beneficiaries, their respective addresses, countries of residence for tax purposes; identification number for the same purposes, indicating the country which granted the said number. (c) If the profit-making by the trust or the beneficiaries of the trust is subject to the will of the trustee, another condition, a period or modality. In addition, it should be reported if there are different types or types of beneficiaries. Where a particular class of beneficiaries may include persons who are not known or have not been determined at the time of the declaration, because they are not born or because the class allows new persons or entities to be incorporated This shall be indicated in the declaration. Where the assets of the trust are or may be applied for a particular purpose, that end shall be reported in detail. Where appropriate, the change in the trust or trustee of the trust, its functions as such, or the revocation of the trust shall be reported. In addition, the revocable or irrevocable character of the trust must be reported, with the indication of the grounds for revocation. They shall only be obliged to supply the information in question to those beneficiaries who are in the position of exercising their quality in accordance with the terms of the trust or agreement and who have taken cognizance of such quality, even if they do not the benefits are in the absence of the time, condition or modality laid down in the act or contract. Where the information provided in the respective declaration has varied, the persons or entities required must submit, in the form set out by the Service by resolution, a new statement detailing the new background, until 30 June of the year following the year in which the antecedents provided in the previous declaration have changed. For the purposes of this number, the term "trust" refers to legal relations created according to rules of foreign law, whether by act of living or by reason of death, by a person in the form of a constituent or a settlor, by means of transfer or transfer of goods, which are under the control of a trustee or administrator, in the interests of one or more beneficiaries or for a particular purpose. Trust for these purposes shall also be understood as a set of legal relations which, irrespective of their name, comply with the following characteristics: (i) the assets of the trust constitute a separate fund and are not part of the personal estate of the trustee or servicer; (ii) the title on the assets of the trust is established on behalf of the trustee, the administrator or other person on behalf of the trustee or administrator; (iii) The trustee or administrator has the power and the obligation, of which he or she must be accountable, to administer, manage or dispose of the goods according to the conditions of the trust and the particular obligations that the law I imposed on him. The fact that the constituent or settlor retains certain prerogatives or that the trustee holds certain rights as a beneficiary is not necessarily incompatible with the existence of a trust. The term trust will also include any legal relationship created according to rules of foreign law, in which a person as a constituent, transmits or transfers the domain of goods, which remain under the control of one or more persons or trusts, for the benefit of one or more persons or entities or for a particular purpose, and which constitute a separate fund and do not form part of the personal estate of the trustee or administrator. In the absence of such a declaration by the constituent of the trust, it shall be presumed, unless proof to the contrary, that the establishment of the trust constitutes abuse or simulation in accordance with the provisions of Articles 4a and Tax Code, applying the tax applicable according to the quality of the interveners and the legal nature of the transactions. The malicious delivery of incomplete or false information in the declarations provided for in this letter shall be sanctioned in the manner provided for in the first paragraph of Article 97 (4) of the Tax Code. 3. The delay or omission in the presentation of the declarations set out in this letter, or the submission of incomplete or erroneous statements, in addition to the legal effects referred to in the preceding numbers, shall be sanctioned. with a fine of ten annual tax units, plus an additional annual tax unit for each month of delay, with a ceiling of one hundred annual tax units. The fine shall apply in accordance with the procedure laid down in Article 161 of the Tax Code. F) Other rules. 1.-The Service shall determine by resolution the formalities to be completed by the declaration referred to in the second to the sixth of this Article, and the manner in which the records set out in point (A) of point (4) must be kept. and the number 2.-of point B), both of this Article. 2.-When it is determined that the total of the credits awarded and certified by the company during the respective commercial year, exceeds the amount of credit that effectively corresponds to the owners, communeros, partners or shareholders, according to The company must pay the tax to the Fisco the difference determined, without affecting the right to the credit charged by the owner, community, partner or shareholder concerned. The tax difference so entered will be incorporated into the accumulated credit balance, when the granted and certified credit has been reduced from the said register. The payment of the difference referred to shall be deemed to be a withdrawal, remittance or distribution, in favour of the owner, community, partner or shareholder, as appropriate, in the proportion which has been allocated the excess credit in question. " 5) Repeal Article 14a. 6. Substitute Article 14b by the following: " Article 14b.-Special arrangements for micro, small and medium-sized enterprises. A.-Special arrangements for investment, working capital and liquidity. Taxpayers who are taxed in accordance with the rules of the First Category, subject to the provisions of Article 14 (A) or (B), may benefit from the simplified scheme provided for in this letter, provided that they comply with the rules laid down in Article 14. The following rules: 1.-Requirements: (a) Having an annual average of income received or accrued by sales and services of its rotation, not exceeding 50,000 units of promotion in the last three commercial years prior to the entry into the scheme; and are welcome to the same. If the undertaking concerned has an existence of less than 3 years, the average shall be calculated in the light of the actual existence of such exercises. However, the assigned revenue may not exceed in one year the sum of 60,000 units of promotion in the terms set out in the number 5 of this article. In order to calculate the average income indicated, the income of each month shall be expressed in units of promotion according to the value of the same one the last day of the respective month, and the taxpayer shall add to its income those obtained by its related entities in the respective financial year. For these purposes, any legal nature of the respective entities, which are part of the same business group, controllers and related undertakings, shall be considered as related, in accordance with the provisions of the Articles 96 to 100 of Law No 18,045 on the Stock Market, except for the spouse or relatives up to the second (c) the persons referred to in point (c) of this last Article. (b) In the case of taxpayers who choose to enter the financial year in which they commence their activities, their effective capital may not exceed 60,000 units of promotion, depending on the value of the promotion unit on the first day of the month of commencement of the activities. (c) The provisions of this Article shall not be covered by the provisions of this Article by taxpayers who derive income from the activities referred to below, and these shall in aggregate exceed 35% of the total gross receipts of the commercial year respective: i. Any of those described in Article 20 (1) and (2). However, the provisions of this Article may benefit from the income from the holding or holding of agricultural real estate. ii. Participation in partnership contracts or participating accounts. iii. From possession or holding to any title of social rights and shares of companies or shares of investment funds. In any event, revenue from such investments shall not exceed 20% of the total gross receipts of the respective commercial year. For the purposes set out in this letter, only income that consists of fruits or any other performance derived from the domain, possession or tenure of the assets, securities and units mentioned above shall be considered. (d) Companies whose paid capital belongs in more than 30% to shareholders or shareholders who are companies which issue shares with stock exchange shares or which are subsidiaries of the latter shall not be eligible. 2.-Special situations when entering the simplified scheme. Taxpayers who choose to enter the simplified scheme as set out in point (A) must carry out the following treatment of the items listed below, according to their balances as at 31 December of the year preceding their entry into the the scheme, without prejudice to the taxation affecting the undertaking and its owners, partners, members or shareholders in that period: (a) In the case of undertakings subject to the provisions of Article 14 (A), they shall be construed as being attributed to the term of the financial year preceding the year in which they enter the new scheme, in accordance with the provisions of Article 14 (a) or (b) of the Article 14 (A), as the case may be, in order to be affected by additional or additional global taxes in that period, without the right to the credit referred to in Articles 56 (3) and 63, the income or quantities corresponding to the difference determines between the sum of the value of the tax capital itself, and the amounts shown to (i) the amount of capital contributions actually entered into the company or company, plus the increases and discounted subsequent decreases that have been made, all adjusted according to the percentage of variation of the Consumer Price Index between the month before the date of contribution, increase or decrease in capital, and the month before the change of regime. (ii) the quantities entered in the registers set out in Article 14 (A) (4) (a) and (c). The cumulative amount of credit referred to in point (f) of Article 14 (4) (a) may continue to be charged to the first class tax to be paid by the taxpayer from the year of incorporation into the point A). For this purpose, the credit shall be adjusted by considering the percentage of the change in the Consumer Price Index between the month preceding the change of regime and the month before the end of the respective year. In the event of a surplus, the surplus shall be charged in the same way in the following financial year and in subsequent financial years. The remaining amount of credit may not be charged to any other tax nor shall it be eligible for repayment. (b) In the case of undertakings which are subject to the provisions of Article 14 (B), at the end of the financial year preceding the year in which they enter the new scheme, they shall consider withdrawals, remesadas or distributed, for tax purposes additional or additional aggregate, the income or amounts corresponding to the difference determined between the sum of the value of the tax capital itself, and the following amounts: (i) the amount of capital contributions effectively entered into the company or company, plus the increases and discounted subsequent decreases that have been made, all adjusted according to the percentage of the Consumer Price Index between the month before the date of contribution, increase or decrease in capital, and the last month of the year before the change of regime. (ii) the quantities entered in the register provided for in point (b) of Article 14 (2) (B). The income or amounts indicated shall be entitled to the credit provided for in Articles 56 (3) and 63 in the form and in the amount laid down in Article 14 (B) (B). If, in application of the above rules, no differences are determined or are negative, the credit referred to may be charged to the first class tax payable by the taxpayer from the year of incorporation into the Letter A). For this purpose, the credit shall be adjusted by considering the percentage of the change in the Consumer Price Index between the month preceding the change of regime and the month before the end of the respective year. In the event of a surplus, the surplus shall be charged in the same way in the following financial year and in subsequent financial years. The remaining amount of credit may not be charged to any other tax nor shall it be eligible for repayment. (c) losses determined in accordance with the provisions of this law at the end of the preceding financial year, which have not been taken up in accordance with Article 31 (3), shall be regarded as an exit from the first day of the initial exercise subject to this simplified scheme. (d) the physical fixed assets depreciable in accordance with Article 31 (5) or (5a), at their net value determined in accordance with the rules of this law, shall be considered as a discharge on the first day of the initial financial year subject to this simplified scheme. (e) The stocks of assets of the realisable asset, at their determined value in accordance with the rules of this law, shall be considered as an egress on the first day of the initial year subject to this simplified scheme. (f) accrued income and expenses due at the end of the financial year immediately preceding the date of entry into this scheme shall not be recognised again by the taxpayer at the time of his/her perception or payment, as appropriate, without prejudice to their obligation of registration and control according to the following number 3.- 3.-Determination of the tax base and its taxation. For the purpose of controlling the income and expenditure referred to in this number, the taxpayers who are in charge of the provisions of this letter A) and who are not obliged to carry the book of purchases and sales, must carry a book of income and expenditure, in which it must register both the revenue received and the accrued income as well as the expenses paid or due. The taxpayers covered by this scheme must also carry out a cash-book which will chronologically reflect the flow of their income and expenditure. The Service shall establish by resolution the requirements to be fulfilled by the books of revenue and expenditure, and of the box referred to in the preceding paragraphs. (a) Taxpayers benefiting from this simplified scheme should be taxed annually with the tax of the first category. For their part, the owners, partners, community members or shareholders of the company, community or respective company, will be affected by the additional or additional global taxes, as appropriate, on the income attributed to them in accordance with the referred to in points (a) or (b) of Article 14 (3) (A). The tax base of the first category tax of the simplified scheme will correspond to the difference between the income received and the expenditure actually paid by the taxpayer, while the tax base of the overall tax additional or additional will correspond to that part of the tax base of the tax of first category that is attributed to each owner, partner, community or shareholder according to the rules mentioned. They shall also allocate income which, in their capacity as shareholders or shareholders, is attributed to them by other contributors subject to the provisions of points (A), (B) (4) or (1) (c), both of Article 14, or (i) the tax on the use of the In addition, the following shall apply: (i) For these purposes, the revenue collected during the respective financial year shall be considered to be from the sales, export and service performance operations, affected, exempt or untaxed with the value added tax, as also any other income related to the turn or activity and those arising from the investments referred to in point (c) of the number 1.-above, which are received during the financial year concerned, except those arising from the disposal of physical fixed assets which cannot be depreciated in accordance with this law, without prejudice to apply in their disposal separately from this scheme as provided for in Article 17 (8). For all the purposes of this Article, and in accordance with Article 84 (i), revenue accruing from the date of issue of the invoice shall also be deemed to have been received after a period exceeding 12 months has elapsed. The corresponding ballot or document. In the case of operations payable in time or in quotas, the previous period shall be computed from the date on which the payment is due. (ii) the amounts actually paid by way of purchases, imports and services, affected, exempt or untaxed with the value added tax; payments of remuneration and fees, interest shall be understood paid taxes other than those of this law, losses from previous years; those arising from acquisitions of physical fixed assets paid, except those which cannot be depreciated according to this law, and claims Non-performing non-performing activities, all of which must comply with the other requirements established for each case in Article 31 of this Law. In the case of acquisitions of goods or services payable in instalments or in time, only those shares or part of the price or value actually paid during the financial year concerned may be reduced. In addition, 0.5% of the revenue received from the financial year shall be accepted as a discharge of the activity, with a maximum of 15 monthly tax units and a minimum of 1 monthly tax unit, in force at the end of the financial year, for expenditure children not documented. In the case of transactions with related entities, as defined in point (a) of the preceding number 1, the revenue must be computed for the determination of the respective provisional payments, as well as for the determination of the tax base to be imposed, in the period in which they are collected or payable. (b) For the provisions of this number, all revenue and expenditure shall be included, without regard to their origin or source or whether or not they are non-taxable or exempt by this law. (c) The tax base calculated in the form set out in this number shall be subject to the taxes of first category and additional or additional global taxes, in the form indicated, for the same financial year in which it is determined. The first class tax may not be deducted from any credit or rebate for tax exemptions or allowances, except that referred to in Article 33a. (d) Exemption from the first class tax for which they are eligible when they meet the following requirements: Taxpayers covered by this Article, whose owners, partners or shareholders are exclusively taxpayers of the Complementary global tax, may be eligible annually for exemption from the payment of the first class tax in the respective financial year, in which case the owners, shareholders or shareholders shall be taxed on the income provided for in this Article only with the complementary global tax, without the right to the credit established in the Articles 56 (3) and 63, by the said tribute. Notwithstanding the foregoing, when this option is exercised, the total of the mandatory provisional payments and adjusted voluntary payments made by the company, community or company during the respective commercial year shall be charged by its owner, members, members or shareholders against the supplementary global tax to be declared, in the same proportion as the taxable income is to be attributed. If this claim is a surplus in favour of the respective partner, community or shareholder, the latter may apply for repayment in accordance with Articles 95 to 97. The option to benefit from the exemption provided for in this letter shall be exercised annually, in the form established by the Service by resolution, within the time limit for making the annual income tax return of the respective undertaking. 4.-Release of accounting records and other obligations. The taxpayers who take part in the simplified scheme provided for in this Article shall be released for tax purposes from carrying out full accounting, taking stock, drawing up balance sheets, making depreciations, as well as keep the records laid down in Article 14 (A) (4) and (2) (2) and apply the monetary correction provided for in Article 41. The foregoing shall not preclude the taxpayer's decision to alternatively carry out full accounting, if it considers it more appropriate. 5.-Conditions for entering and leaving the simplified scheme. Taxpayers must enter the simplified scheme to be counted on the first day of January of the year they choose to do so, and must be kept for a full 5 years. The option to enter the simplified regime will be manifested by giving the respective notice to the Service from January 1 to April 30 of the calendar year in which they are incorporated into the said regime. In the case of the first commercial year, the Service shall be informed within the period referred to in Article 68 of the Tax Code. However, the taxpayer must compulsorily leave this scheme when it ceases to comply with any of the requirements laid down in paragraph 1 of this Article. However, if for once it exceeds the limit of the annual average of the income set out in point (a) of the previous No 1, it may also be maintained in this scheme. If you exceed the limit of 50,000 units of promotion for a second time, you must leave it compulsorily. 6.-Effects of withdrawal or exclusion from the simplified scheme. (a) Taxpayers who choose to withdraw from the simplified scheme must give notice to the Service during the month of October of the year preceding the year in which they wish to change the scheme, subject to all the common rules of this law, the first day of January of the year following that of the notice. In such cases, they may choose to apply the provisions of Article 14 (A) or (B) within the prescribed period in the manner set out in the fourth indent of that Article. (b) Without prejudice to the above number 5, taxpayers who, for failure to comply with any of the requirements laid down in paragraph 1 of this Article, must abandon the simplified scheme, shall do so at the earliest January of the commercial year following that in which the non-compliance occurs, subject to all the common rules of this law. In such cases, they may choose to apply the provisions of Article 14 (A) or (B) within the time limit for submitting the annual tax return in the form laid down in the rules referred to above. (c) When the taxpayer is incorporated into the general accounting system by application of the preceding subparagraphs (a) or (b), it shall carry out an initial inventory for tax purposes, duly crediting the items contained therein. In this inventory, the following items must be recorded which will be maintained at 31 December of the last commercial year in which the simplified scheme was received: (i) the existence of the realisable asset, valued at the cost of replacement, and (ii) the physical fixed assets, recorded by their updated value at the end of the financial year, applying the rules of Articles 31, number 5 and 41, number 2, taking into account the application of depreciation with a normal service life. The difference in value to be determined between the items referred to in numerals (i) and (ii) above and the amount of tax losses determined on 31 December of the last commercial year in which the scheme was received simplified, shall constitute a deferred income which shall be imputed in equal parts within its gross receipts of the following 3 consecutive trading years, counted from that in which the regime change occurs, incorporating as At least one third of such income in each financial year, up to its total allocation. If this taxpayer puts an end to the rotation of its activities, that part of the deferred income whose recognition is outstanding, must be added to the income from the exercise of the term of rotation. For the purposes of its allocation, the deferred income that occurred during the financial year shall be adjusted in accordance with the percentage of variation experienced by the consumer price index in the period from the previous month to the end of the year. at the end of the financial year preceding the change of the balance sheet and the month preceding that of the balance sheet. For its part, the balance of the deferred income for the following financial years shall be adjusted according to the percentage of the change in the price index to the consumer in the period between the month preceding the end of the financial year and the month before the balance sheet. If the difference is a loss, the loss may be deducted in accordance with Article 31 (3). For other assets to be incorporated in the initial inventory, they shall be recognized at the cost value corresponding to the rules of this law. (d) These contributors shall also determine, at the end of the last financial year in which they are covered by the provisions of this point (A), the amount of the final tax capital, applying the provisions of Article 41 (1) thereof, considering the assets valued according to the preceding rules. They shall not be considered as forming part of their own capital, accrued income and expenses due on that date, which have not been considered in the determination of the taxable amount referred to in the preceding number 3 for not having been received or paid to that date. The amount thus determined shall constitute the initial capital of the undertaking at the time of the change to the general scheme. The positive difference that results from subtracting the value of the tax capital referred to in the previous paragraph, the amount of deferred income and the value of capital effectively contributed to the company plus its increases and less its decreases. subsequent, adjusted in accordance with the variation of the consumer price index between the previous month and the person making the contribution, increase or decrease and the month before the end of the last financial year received under this scheme, shall be registered as part of the initial balance of the records which the undertaking or company is required to carry; in accordance with points (c) of (c) of point (a) of (a) or (a) of Article 14 (2)-(B), depending on the scheme to which the taxpayer is subject. e) In any case, the incorporation into the general scheme of this law will not be able to generate other profits or losses, coming from items that affected or had to affect the result of some exercise under the application of the simplified regime. (f) Taxpayers who have withdrawn from the simplified scheme pursuant to the provisions of subparagraphs (a) or (b) above shall not be allowed to return to it until after five consecutive commercial years have been received by the taxpayer. general rules of this law. (g) accrued income and expenses due which have not been taken into account under the provisions of this subparagraph (A), on the occasion of the change of scheme, shall be recognised and deducted, respectively by the taxpayer, at the time of their incorporation of the relevant general taxation regime. 7.-Obligations to report and certify. Contributors to this scheme must report annually to the Service, and inform and certify their owners, community members, partners and shareholders, in the form and time limit that the Service determines by resolution, the amount of the income or amounts attributed, withdrawn and distributed to their respective owners, partners, community or shareholders, as well as the amount of provisional payments that they are required to declare and impute to each of them, where appropriate, according to the established in this article. B.-Exemption from additional tax for services provided abroad. The amounts laid down in Article 59, number 2, obtained by taxpayers without domicile or residence in the country in the provision of advertising services abroad and the use and subscription of technology service platforms the internet to undertakings which are obliged to declare their actual income according to full accounts for income under Article 20 of this law, whether or not they have received the provisions of points (A) or (c) of this Article, the annual average of which is their income It will not exceed 100,000 units of promotion in the last three commercial years, will be found Exempt from additional tax. However, a rate of 20% shall apply if the creditors or beneficiaries of the remuneration are in any of the circumstances set out in the final part of Article 59 (1), which shall be credited and declared in accordance with the the form indicated in that paragraph. C.-Incentive for savings for medium-sized enterprises. Taxpayers who are required to declare their effective income according to full accounting for income of Article 20 of this law, subject to the provisions of Article 14 (A) or (B), the average annual income of which is not exceeding the 100,000 promotion units in the last three commercial years, including that in respect of which the incentive provided for by this letter is intended, may be eligible for an annual deduction of the taxable income taxed on the First category tax: (a) Taxpayers subject to the provisions of Article 14 (A): They may deduct up to an amount equal to 20% of the taxable income which is kept in the company. (b) Taxpayers subject to the provisions of Article 14 (B): They may deduct up to an amount equal to 50% of the taxable liquid income which is kept in the company. However, in the cases referred to in point (a) and (b) above, the deduction may not exceed the equivalent of 4,000 promotion units, depending on the value of the latter on the last day of the respective commercial year. For the purposes referred to in this point, the taxable amount of the taxable amount which remains invested in the undertaking corresponds to that determined in accordance with Title II of this Law, with the amounts withdrawn, remesed or distributed in the same commercial year, whether these should be taxed or not with the taxes of this law. In any event, if the undertaking exercising the option has an existence of less than three commercial years, the average revenue set out in the first subparagraph of this point shall be calculated by considering the commercial years of its actual existence. For the calculation of the average of the referred income, the income of each month shall be expressed in units of promotion according to the value of this one on the last day of the respective month and the taxpayer shall add to his income those obtained by his companies relating to the terms laid down in point (a) of the first subparagraph of Article 1 (a) of this Article. Taxpayers must exercise the option referred to in this letter, within the time limit for filing the annual income tax return, and must express it in an express manner in the manner established by the Service by means of resolution. However, in order to invoke the incentive provided for in this letter, taxpayers may not hold or exploit any title, social rights, investment fund shares, mutual fund shares, shares in public limited liability companies, or of association contracts or participating accounts. However, the taxpayer may make the investments referred to, as long as their income from them and in fixed income instruments do not exceed 20% of the total of their income from the financial year. " 7. quater. 8. in Article 17: (a) In the second subparagraph of No 3, delete the expression ", in so far as it is not covered by Article 57a," (b) Replace the number 5 ° by the following: " 5 °.-The value of the contributions received by companies, only in respect of those companies and the highest value referred to in Article 41 (13). Nor shall the sums or assets which have the character of contributions paid by him associated with the manager of a holding account, only in respect of the association, and provided that they be credited with the same income, shall not constitute income. ' Number 6 °. (d) Replace the number 7 ° by the following: " 7 °.-The returns of social capital and the realignments thereof, effected in accordance with this law or with previous laws, provided that they do not correspond to capitalised profits to be paid by the taxes of this law. The sums withdrawn, remesed or distributed by these concepts shall be charged and shall be subject to the first class, supplementary or additional taxes, as appropriate, in the form laid down in Article 14, (e) Replaced the number 8 ° by the following: " 8 °.-The securities referred to in this number shall be governed by the following rules: (a) The disposal or disposal of shares of public limited liability companies; (a) actions or social rights in companies of persons. (i) It shall not constitute income that part of the value of the contribution or acquisition of the respective good, increased or decreased, as the case may be, by the subsequent increases or decreases in capital made by the enajenante. For these purposes, the indicated values shall be adjusted according to the percentage of variation experienced by the consumer price index between the month preceding the acquisition, contribution, increase or decrease in capital and the month before the end of the month. of the disposal. (ii) In order to determine the highest value, the value of the tax shall be deducted from the price or value assigned to the disposal, the cost value for tax purposes corresponding to the respective good according to the number established in the preceding number. In the disposal of shares or rights in undertakings covered by the provisions of Article 14 (A), it may be reduced from the greatest value to be determined, and without it being able to determine a loss in the operation, a quantity of equivalent to the part of the income referred to in Article 14 (A) (a), accumulated in the undertaking, which has not been withdrawn, remesed or distributed at the end of the commercial year preceding that of the disposal, in the proportion corresponding to the social rights or actions that are taken, previously discounting of this sum the value of the withdrawals, remittance or distributions that the enajenante has made or received from the company, during the same period in which the disposal takes place and before it. For this purpose, such income, withdrawals, remittances or distributions shall be adjusted according to the percentage of variation experienced by the consumer price index between the month preceding the last balance of the company, or the withdrawal, the respective remittance or distribution, and the month before the disposal, as appropriate. (iii) If, between the date of acquisition and disposal of the goods indicated, a period of less than one year has elapsed, the highest value to be determined in accordance with numerals (i) and (ii) above, shall be affected by the first class and additional or additional global, as appropriate, on the basis of the income received or accrued, at his/her choice. (iv) If between the date of acquisition and disposal has elapsed at least one year, the said higher value shall only be affected by additional or additional global taxes, as appropriate, on the basis of the income received or accrued, to its choice. For the calculation of the supplementary global tax, in the latter case, taxpayers may choose to apply the the following rules, provided that they declare on the basis of the earned income: This higher value shall be understood as an accrual during the period of commercial years in which the shares or social rights that are held have been held by the enajenante, up to a maximum of 10 years, in the case of higher than 10 years. For this purpose, fractions of months shall be considered as a full year. The amount corresponding to each year shall be obtained from dividing the total of the highest value obtained, adjusted in the form indicated in the following paragraph, by the number of years of holding of shares or social rights, with a maximum of ten. For the purposes of making the annual declaration, the rules on the readjustability of Article 33 (4) shall apply in respect of the higher value, and the exemption provided for in Article 57 shall not apply in any period. The adjusted amounts corresponding to each year shall be converted to monthly tax units, according to the value of this unit in the month of December of the year in which the disposal took place, and shall be located in the years in which they were established, with the aim of settling the supplementary global tax in accordance with the current rules and according to the value of the said unit in the month of December of the respective years. The differences in taxes or refunds of refunds determined by application of the above rules, as appropriate, shall be expressed in monthly tax units of the respective year and shall be settled in the equivalent of those units in the month of December of the year in which the disposal took place. The tax resulting from the reliquidation set forth above shall be declared and payable in the tax year corresponding to the calendar year or commercial year in which the disposal took place. (v) The losses arising from the disposal of the same type of goods referred to in this point, obtained in the same financial year, may be deducted from the higher value. For these purposes, such losses shall be adjusted in accordance with the percentage of the change in the price index to the consumer in the period between the month preceding that of the disposal which produced those losses and the month before that of the closure of the financial year. In any event, in order for this deduction to be made, such losses must be credited to the Service. (vi) Where all the higher values determined in the disposal of the goods referred to in points (a), (c) and (d) of this number, obtained by taxpayers who are not required to declare their effective income in the first category, does not exceed the equivalent of 10 annual tax units, according to their value at the end of the financial year in which the disposal, shall be considered for the purposes of this law as non-constitutive income. In case they exceed this sum, the total of the highest values will be affected by the taxation indicated. Notwithstanding the foregoing, in the case of enajenations made to persons related to the terms of the third subparagraph of this number 8), or to the spouse or his relatives ascending or descending to the second degree of consanguinity, and (a) any period between the acquisition and disposal of the goods concerned, the taxpayers shall be affected by the respective taxes on the basis of the income received or accrued. (b) the disposal of real estate located in Chile, or of rights or quotas in respect of such real estate held in community, made by natural persons with domicile or residence in Chile. The rules referred to in point (a) of this number shall apply as soon as they are applicable, with the exception of the provisions set out in their number (vi). Without prejudice to the foregoing, in this case they will be part of the acquisition value, the disbursements incurred on improvements that have increased the value of the good, adjusted according to the variation of the consumer price index between the month prior to the improvement and the month before the disposal, carried out by the enajenante or a third party, provided that they have become part of the property of the enajenante and have been declared in the appropriate opportunity to the Service, in the the form it establishes by resolution, to be incorporated in the determination of the tax property for the purposes of the territorial tax, prior to the disposal. Notwithstanding the above, no income shall be the highest value to be determined in the case of subdivision of urban or rural land and in the sale of buildings by flats or departments, provided that the disposal occurs after four years. from the acquisition or construction, if any. In all other cases it shall not constitute income the highest value to be determined when a period of not less than one year elapses between the date of acquisition and disposal. In the event that the convention giving rise to the disposal is held in compliance with any act or contract which aims to subscribe to the contract to serve as a title for the purpose of the property, the time limit shall be calculated from the date of the date of conclusion of such act or contract. The provisions of this paragraph shall also apply with respect to the holds and/or parking lots, when they are included in the disposal of departments. However, in the cases mentioned above, it shall not constitute income only that part of the largest value which does not exceed, independent of the number of transactions carried out, the number of real estate owned by the taxpayer, and with the indicated, the total sum equivalent to 8,000 units of promotion. The calculation of the value of this shall be used for the purposes of the term of the financial year in which the respective disposal took place. The Service shall keep at the disposal of the taxpayer the background to the fact that it has the same information as it does for the purposes of calculating the limit. The higher value determined in the disposal of goods which comply with the requirements set out in the preceding paragraphs, which exceeds the limit of the non-constitutive income of the former, shall be taxed in the year in which the excess is produced, in the form referred to in point (a) of point (a) above, or with a single and substitute tax at a rate of 10%, at the choice of the taxpayer. In the latter case, the tax shall be declared and paid on the basis of the income received, in accordance with Articles 65, number 1 and 69. In the disposal of the goods referred to, acquired in succession by reason of death, the taxpayer may deduct, in the proportion corresponding to him, as a credit against the respective tax, the tax on the allowances for death of the law N ° 16,271 paid on such goods. The amount of the credit shall correspond to the equivalent amount resulting from applying to the value of the tax actually paid by the recipient, the proportion to be determined between the value of the respective root property which has been considered for the calculation of the tax and the liquid value of the total of the allocations which would have been paid to the enajenante according to the law. The amount of the credit to which the taxpayer is entitled shall be determined at the end of the year in which the disposal is carried out, and for that purpose the value of the tax on the allowances for the cause of death, the value of the property and the value of the allowances If the person concerned is not entitled to a contract, the person concerned shall be entitled to the right of the person to whom he or she is entitled to pay the tax. the disposal. c) The disposal of mining belongings and water rights. In order to determine the tax applicable to the higher values resulting from the disposal of these goods, the rules laid down in point (a) above apply. (d) Disposal of bonds and other debt securities. In order to determine the non-constitutive income and the taxation corresponding to the higher values arising from the disposal of such goods, the rules laid down in point (a) above shall apply in so far as they are relevant. except as set out in its number (iv). In this case, the acquisition value shall be reduced with the capital write-downs received by the enajenante, adjusted according to the percentage of variation of the consumer price index between the month preceding the amortisation and the month prior to the disposal. e) Alienation of intellectual or industrial property rights. It does not constitute income the highest value obtained in its disposal, provided that the enajenante is the respective inventor or author. (f) The award of assets in the partition of inheritance and in favour of one or more heirs of the deceased, one or more heirs of those, or of the transferee of them, shall not constitute income. Notwithstanding the foregoing, the cost of a future disposal of the goods awarded for all tax purposes shall be the equivalent of the value of the respective goods which has been considered for the purposes of the inheritance tax, adjusted according to the variation of the consumer price index between the month preceding the month of the opening of the succession and the month before the date of the award. (g) The award of property in the settlement of spousal society in favour of any of the spouses or of one or more of their heirs, or of the transferee of both, is not rent. (h) No income is the highest value resulting from the disposal of vehicles intended for the carriage of passengers or solely for the carriage of foreign cargo, which are the property of natural persons who, at the date of disposal, possess only one of these vehicles. For determin The non-constitutive income and the taxation corresponding to the higher values arising from the disposal of the said goods shall apply as far as the rules laid down in (a) above are relevant, except for (vi) the provisions of the By way of derogation from the preceding letters, it shall always constitute income, subject to the taxation provided for in the number (iii) of (a) above, on the income received or accrued, the highest value obtained in the securities of any class of assets which are made by the shareholders of persons or shareholders of closed public limited companies, or shareholders of public limited liability companies, owners of 10% or more of the shares, with the respective company or company or in which they have interests, or those that are carried out with related companies or the same business group in the Article 96 to 100 of Law No 18,045 on the market of securities, whatever the legal nature of the respective entities, except for the spouse or relatives up to the second degree of consanguinity of the persons identified in the point (c) of this last Article. The rules contained in point (a) of this number shall apply, except as set out in their number (vi), in order to determine the highest value for tax. Where the transactions referred to in this number are carried out by taxpayers who determine the first class tax on effective income, the total of the highest value to which this number refers shall constitute income, subject to the rules of Title II, with the taxes of first category and aggregate supplementary or additional, as appropriate, on the basis of the income received or accrued, according to the system of taxation to which it is subject. In such cases, the acquisition securities shall be re-adjusted in accordance with the rules laid down in Article 41, where the respective taxpayer is obliged to apply those rules. The Service may apply the provisions of Article 64 of the Tax Code, where the value of the disposal of a good root or other goods or securities which are transferred is significantly higher than the commercial value of the immovable property. similar characteristics and location in the respective locality, or of the currents in the square, considering the circumstances in which the operation is carried out. The difference between the value of the disposal and the difference determined by this provision shall be subject to the taxation laid down in Article 21 (1) (ii). The assessment, liquidation and rotation carried out in connection with the application of Article 64 of the Tax Code may be claimed in the form and time limits laid down by this provision and in accordance with the procedures it indicates. The transfer and return of shares of public limited liability companies with stock exchange, which are carried out on the occasion of a loan or a lease of shares, shall not be considered to be a disposal for the purposes of this law. short sale, provided that the shares held on loan or lease have been acquired in a stock exchange in the country or in a process of public offering of shares governed by Title XXV of Law No 18,045, on the occasion of the constitution of the company or an increase in subsequent capital, or the placement of first-issue shares. It will be understood that stock market shares that comply with the rules to be the object of mutual fund investment. In order to determine the taxes on the income that the transferor receives or accrues for the transactions mentioned in the preceding paragraph, the general rules of this law shall apply. In the case of the transferee, the proceeds of the disposal of the shares transferred shall be understood to be perceived or accrued, in the year in which the shares are to be restored to the transferor, the cost of which shall be recognised as laid down in Article 30. The provisions of the two preceding paragraphs shall also apply to the bond loan in short-selling stock exchange transactions. In any event, the borrower must acquire the bonds to be returned in one of the formal markets referred to in Article 48 of Decree Law No. 3,500 of 1980. It is higher remuneration for directors, directors and employees, the profit that comes from the delivery made by the company or company, its related, controllers or other companies that are part of the same business group, in accordance with the provisions of Articles 96 to 100 of Law No 18,045 on the market of securities, of an option to acquire shares, bonds or other securities issued in Chile or abroad; as well as the exercise or transfer thereof. The above, regardless of the taxation that may affect you for the highest value obtained in the transfer or disposal of the acquired securities or instruments after the option and the tax cost to be deducted in that option. operation. For the purposes of this number, the date of acquisition or disposal shall be the date of the respective contract, instrument or transaction. " 9) 10. in Article 20: (a) Redeploy, in the heading, "20%" by "25%", and the word "East" for the following: " In the case of taxpayers subject to the provisions of Article 14 (B), the tax shall be 27%. In both cases, he. " (b) Replace the number 1 by the following: " 1 °.-The income of the real estate in accordance with the following rules: In the case of taxpayers who hold or exploit any real estate title, the actual income of such property shall be taxed. In the case of agricultural real estate, the amount of tax in this category may be reduced by the territorial tax paid for the period to which the income statement corresponds. Only the owner or user will be entitled to this discount. If the amount of the rebate referred to in this paragraph exceeds the tax applicable to the income of this category, the excess shall not be charged to another tax or to be returned. It shall also not be entitled to refund in accordance with Articles 31, number 3, 56, number 3 and 63, or any other legal provision, the first class tax in that part which has been deducted from that tax credit by the Territorial tax. The Service shall, by resolution, issue the instructions for the control of the provisions of this paragraph. The amount whose deduction is authorised in the preceding subparagraph shall be adjusted in accordance with the percentage of variation experienced by the consumer price index in the period from the month preceding the date of payment of the contribution and the month before the end of the respective year. In the case of taxpayers who do not declare their effective income according to complete accounting, and give in lease, sublease, usufruct or other form of disposal or temporary use, real estate, the effective income of such assets shall be taxed, accredited by the respective contract, without any deduction. For these purposes, the value of the useful improvements, contributions, benefits and other disbursements agreed in the respective contract or subsequently authorised shall be considered as part of the effective income provided that they are not subject to the The condition of reintegrating and remaining for the benefit of the landlord, sublet, owner knot or transferor to any title of real estate. The rules of the last two paragraphs of point (a) of this number shall apply to the taxpayers of this letter. The construction companies and real estate companies for the buildings that they build or order to build for sale later, will be able to charge the tax of this paragraph the paid territorial tax since the date of the definitive reception of the works of (a) the rules of the last two subparagraphs of point (a) of this number shall apply. ' 11) Substitute Article 21 by the following: " Article 21.-The public limited liability companies, the taxpayers of Article 58, number 1, employers individuals, communities and companies of persons who declare their effective income according to a The general balance sheet must be declared and payable in accordance with Articles 65, number 1 and 69 of this law, a single tax of 40%, which shall not have the status of category tax, which shall apply to: i. The items in Article 33, number 1, corresponding to withdrawals of species or to representative amounts of disbursements of money that are not to be imputed to the value or cost of the assets of the asset. The taxation referred to above shall apply, unless these items are taxed in accordance with the provisions of the third subparagraph of this Article; ii. The quantities to be determined by application of the provisions of Articles 17, 8, 4 (4), 35, 36 (2), 38, 41 E, 70 and 71 of this Law, and those to be determined by application of the provisions of the third subparagraph of Article 17 (1), Article 64, and Article 65 of the Tax Code, as applicable, and iii. The amounts which the public limited liability companies are intended to acquire, in accordance with the provisions of Article 27 A of Law No 18,046, on companies which do not have them in place within the time limit laid down in Article 27 (1) of Regulation (EEC) No 18,046. Article 27 C of the same law is established. Such quantities shall be adjusted in accordance with the variation in the price index to the consumer between the month preceding the month in which the purchase was made and the month before the end of the year in which those shares were taken. This tax shall not be affected, or the tax referred to in the following third subparagraph: (i) the anticipated costs to be incurred n be accepted in subsequent years; (ii) the tax of First Category; the sole tax of this article and the territorial tax, all of them paid; (iii) the interest, readjustments and fines paid to the Fisco, municipalities and to bodies or public institutions created by law, and (iv) the items referred to in Article 31 (12) and mining patents, in both cases in the party that cannot be deducted as expenditure. Taxpayers of supplementary or additional global taxes, who are owners, community members, members or shareholders of companies, communities or companies that determine their effective income according to an overall balance sheet (a) the amount shall be declared and the taxes referred, as the case may be, on the amounts referred to in (i) to (iv), taxes the amount of which shall be increased by an amount equal to 10% of the said amounts. This taxation shall be applied to the replacement of the one set out in the first subparagraph: (i) The items in Article 33 (1), which correspond to withdrawals of species or to representative amounts of disbursements of money not to be charged to the value or the cost of the assets of the asset, when they have benefited the owner, partner, community or shareholder. In such cases, the Service may establish the benefit that such subjects have experienced. Where such amounts benefit two or more shareholders, community members or partners and it is not possible to determine the amount of the benefit that corresponds to each of them, they shall be affected by the taxation laid down in this paragraph, in proportion to their participation in the capital or profits of the respective company or company. (ii) Loans which the undertaking, permanent establishment, the community or the respective company, with the exception of the public limited liability companies, make to their owners, community members, partners or shareholders contributing to the overall tax additional or additional, in so far as the Service determines in a manner founded that they constitute a withdrawal, remittance or distribution, covered by amounts affected by such taxes. The taxation of this paragraph shall apply to the total of the amount borrowed, adjusted according to the percentage of variation in the Consumer Price Index between the month preceding the granting of the loan and the month preceding the end of the exercise, by deducting duly adjusted all those amounts which the owner, partner or shareholder has returned to the company or company for payment of the capital of the loan and its realignments during the respective financial year. For these purposes, the Service shall consider, among other elements, the balance sheet profits accumulated in the company to the date of the loan and the relationship between them and the amount borrowed; the final destination and recipient of such resources; payment of the loan, its carryovers or renewals, interest rate or other relevant clauses of the transaction, circumstances and elements to be expressed by the Service, on the basis of which the loan is a withdrawal, remittance or A covert distribution of amounts affected by the taxation of this item. The sums set out in this number shall be deducted as such from the undertaking, community or the holding company, from the amounts referred to in Article 14 (4)-(A) and (3)-and (3)-of point (B) of the same Article. (iii) The benefit of the use or enjoyment, any title, or without any title, which is not necessary to produce the income, of the assets of the company or society concerned. For these purposes, it shall be presumed that the minimum value of the benefit shall be 10% of the value of the goods determined for tax purposes at the end of the financial year; 20% of the same value in the case of automobiles, station wagons and vehicles similar; and 11% of the tax guarantee in the case of real estate, or in any of the cases indicated, the amount equivalent to the annual depreciation as long as it is applicable, when it represents a larger amount, whichever period is have used the goods in the financial year or in the proportion which justifies the taxpayer. The minimum value of the benefit calculated in accordance with the above rules may be reduced to the sums actually paid which correspond to the period for the use or enjoyment of the good, applying to the difference the taxation set out in this paragraph third. In the case of taxpayers engaged in activities in rural areas, the taxation set out in the third subparagraph shall not apply to the benefit of the use or enjoyment of the assets of the company located in such sites. Nor shall such taxation be applied to the benefit of the use or enjoyment of the goods of the undertaking intended for the spread of its staff, or the use of other goods by the undertaking, if not customary. Where such use is customary, the tax set out in the first indent of this Article, which shall be the responsibility of the undertaking, community or company which owns it, shall be applied and the profit for such use shall be calculated in accordance with the preceding rules. Where the use or enjoyment of the same good has been granted simultaneously to more than one partner, community or shareholder, and it is not possible to determine the proportion of the benefit to each of them, it shall be determined by distribution according to the rules laid down in Article 14 (A) for the allocation of income. If the use or enjoyment has been granted for a period of less than the respective commercial year, which must be credited by the beneficiary, this must be considered for the purposes of calculating the taxes. The sums provided for in this number shall not be deducted from the undertaking, community or company concerned, from the quantities referred to in Article 14 (A) (4), and (3)-and (3)-of point (B) of the same Article. (iv) In the event that any good of the company, community or company is delivered in guarantee of obligations, direct or indirect, of the owner, community, partner or shareholder, and it is executed for the total or partial payment of such obligations, the taxation of this paragraph will apply to the owner, community, partner or shareholder whose debts were guaranteed in this way. In this case, the tax referred to above shall be calculated on the guarantee executed, according to its current value in place, in accordance with the provisions of Article 64 of the Tax Code. The sums set out in this numeral, up to the tax value of the asset which is executed, shall be deducted in the undertaking, community or company concerned from the quantities referred to in Article 14 (A) (A) and the 2.-and 3.-of point (B) of the same Article. For the purposes of applying the taxation laid down in the third subparagraph, the items referred to in (i) shall be understood to benefit, that the loan has been made, that the benefit referred to in subparagraph (iii) has been granted or that they have been guaranteed obligations to the owner, community, partner or shareholder, as the case may be, where those amounts are the beneficiary of the items referred to in (i), the debtor of the loan, the beneficiary of the use or the benefit of the loan literal (iii), or subject whose debts have been secured, to their respective spouses, non-emancipated children legally, or to any person related to those, in the terms of Article 100 of Law No 18.045, on the Stock Market, except for the spouse or relatives up to the second degree of consanguinity of the persons mentioned in the letter (c) of this last article, and it is also determined that the final beneficiary, in the case of loans and guarantees, is the owner, partner, community or shareholder concerned. "12) In Article 22, number 2, replace the term" this paragraph " by "Article 24". (13) In the final paragraph of Article 23, delete the expressions ", No 1 of this Law, in which case they shall not be able to return to the system of a single tax established in this article". 14. In the first paragraph of Article 29, the third time in which the word "income" appears, the words "which do not constitute income" shall be inserted after the word "income". 15. in Article 31: (a) Replace the final sentence of the first subparagraph, for the following: " No deduction of expenditure incurred in supermarkets and similar shops shall be carried out where they do not correspond to goods necessary for the development of the The taxpayer's usual turnaround. However, it shall be deducted from the costs in respect of the vehicles referred to above, where the Director has previously qualified them as necessary, in his exclusive judgment. In the case of costs incurred in supermarkets and similar shops, the deduction may be made where they do not exceed 5 annual tax units during the respective financial year, provided that all the requirements are met. establishes this Article. Where such expenses exceed the amount indicated, the deduction shall also be deducted in full compliance with the requirements laid down in this Article, provided that the annual declaration of income tax is submitted to the Service, in the form that it establishes by resolution, the amount in which it has been incurred in the said expenses, as well as the name and the single tax role number of the supplier or the suppliers. " b) Introduces the following third, new, point, passing the current The third subparagraph shall be the fourth indent: " In respect of the quantities referred to in Article 59, where they originate in acts or contracts concluded with directly or indirectly related parties of the respective local entity in the terms of Article 41 E, only their deduction shall be made as an expense in the calendar year or commercial year of your payment, credit to account or make available. For the purposes of deduction, it is required that the respective additional tax has been declared and paid, unless such amounts are exempt or not taxed by the said tax, either by law or by application of an agreement to prevent such tax. international double taxation. In addition, to be deducted, you must comply with the requirements set out in this article as soon as they are applicable. The provisions of this paragraph do not preclude the application of the provisions of Article 41 (c). In the third subparagraph of Article 41 (1), which becomes the fourth, the following second paragraph is added: " In particular, interest and other financial expenses that, in accordance with the provisions of this Article, comply with the requirements to be deducted as expenses, which come from claims for the acquisition of social rights, shares, bonds and, in general, any type of capital, may be deducted as such. ' (d) In the third subparagraph of paragraph 3, which becomes fourth, replace the second paragraph with the following: " You may also deduct losses from previous years, provided that the requirements of the preceding paragraph are met. Losses shall be attributed to the income or amounts which they receive, in the form of withdrawals or dividends, to supplementary or supplementary global taxes, to other undertakings or companies, whether or not they are covered by the provisions of point (A) or (B) of Article 14. The difference shall be attributed to the income attributed to him in the respective financial year in accordance with the provisions of Article 14 (B) (2) and (3), or in accordance with Article 14 (B) (4), corresponds, in its character as a partner, community or shareholder, starting with those coming from other companies or companies that are obliged to determine their effective income according to complete accounting, then those coming from companies or companies that they have no such obligation, and, finally, of those which are covered by Article 14 (b) point (a). If the income referred to in the preceding paragraph is not sufficient to absorb them, the difference shall be charged to the following financial year in accordance with the above and so on. In the event that the losses fully or partially absorb the profits received or attributed in the financial year, the first-rate tax paid on those profits shall be considered as a provisional payment in that part of the profit. it corresponds to the utility absorbed, and the rules of readjustability, imputation or refund referred to in Articles 93 to 97 shall apply. '; (e) The third subparagraph of paragraph 5 of the third subparagraph shall delete the third subparagraph. (f) Intercalase the following number 5 ° bis: " 5º bis.-For the purposes of the preceding 5 °, the taxpayers who in the three years preceding the year in which the use of the goods begins, whether they are new or new goods or used, they shall record an average annual income of the rotation equal to or less than 25,000 units of promotion, they may depreciate the assets of the fixed assets, considering a useful life of one year. Taxpayers who do not register operations in the preceding years shall be eligible for this depreciation scheme provided that they have an effective capital not exceeding 30,000 units of promotion, to the value they have on the first day of the month of the start of the activities. If the company has an existence of less than 3 years, the average shall be calculated by considering the actual existence. Taxpayers who, in the three years preceding the year in which the use of the goods begins, register an annual average of more than 25,000 units of promotion and which does not exceed 100,000, may apply the depreciation referred to in the preceding paragraph, for new or imported goods, considering as the useful life of the respective good the equivalent of a tenth of the useful life fixed by the Regional Directorate or Directorate, expressed in years, despising the decimal values that result. In any case, the resulting useful life may not be less than one year. If the company has an existence of less than 3 years, the average shall be calculated by considering the actual existence. For the purposes of determining the average annual income of the rotation as provided for in the preceding paragraphs, the revenue of each month shall be expressed in units of promotion according to the value of the unit on the last day of the month concerned. In other words, the rules laid down in the preceding number 5 ° shall apply. ' (g) In number 6, replace the words "employees and workers", "employees and workers" and "employees or all workers", by the expressions "the workers", 'worker' and 'workers' respectively. (h) In number 9: (i) Replace the phrase "deferred expenditure" in the final sentence of the third subparagraph and shall be deducted in equal parts by the taxpayer within a period of 10 consecutive trading years, counted from the time the taxpayer is ", for the following:" intangible asset, only for the purposes of being punished or amortised to the dissolution of the company or company, or, at the end of its rotation. However, this intangible asset shall form part of the company's own capital and shall be readjusted annually in accordance with Article 41 (6). '; (ii) Remove the first sentence of the fourth paragraph. (iii) The fifth paragraph is replaced. (iv) Replace, in the last sentence of the sixth paragraph, which becomes the fifth paragraph, the phrase "deferred expenditure to be deducted in the period of 10 years already indicated", by the following: "intangible asset, as indicated in this issue". 16. in Article 33: (a) Add to the following point (c), new: " (c) The quantities referred to in the numerals (i). (e) of the third subparagraph of Article 21 (1) (i). '; (b) In the second subparagraph of the fourth subparagraph, replace the words "referred to in Articles 20, 1 and 34" by the expressions "provided for in Article 34 °". (c) Add the following number 5 °, new: " 5 °.-Without prejudice to the provisions of point (a) of the second paragraph of Article 39: (a) Taxpayers subject to the provisions of Article 14 (A) shall be required to: incorporate as part of the taxable income the income or amounts referred to in point (c) of point (A) of the same Article. For such incorporation, they must be increased in the form indicated in the final indent of Article 54 (1). In respect of the first class tax to be paid on the income or amounts indicated, the deduction of the credit referred to in points (f), number 4.-(a) and (b) of point (b) of point (b) of both the Article 14, where applicable. For the purposes of calculating that credit, that part of the refund shall be uncounted. Where a tax loss is determined, the provisions of Article 31 (3) shall apply. (b) Taxpayers subject to the provisions of Article 14 (B) shall incorporate as part of the taxable income the withdrawals or dividends received from undertakings or companies subject to the provisions of point (A) of the Article 14, where the amounts entered in the register referred to in point (d) of point (a) of point (a) are entered in the register, and where such withdrawals or dividends are not charged to the records referred to in that number 4. For incorporation, they must be increased in the form indicated in the final indent of Article 54 (1). In respect of the first class tax to be paid on the income or amounts referred to, the deduction of the credit referred to in point (f) of point (a) of point (a) shall be deducted where appropriate. For the calculation of the claim, the part of the refund shall be discounted. Where a tax loss is determined, the provisions of Article 31 (3) shall apply. '; (17) Article 33a is replaced by the following: " Article 33a.-Credit for investments in fixed assets. (a) taxpayers who declare the first category tax on an effective income determined in full accounting, which in the three financial years preceding that in which they acquire, end up building or leasing with a choice of purchase the respective goods, as appropriate, record an average annual sales not exceeding 25,000 units of promotion, shall be entitled to a credit equivalent to 6% of the value of the physical assets of the fixed assets, acquired new, finished building during the financial year or taking into lease, as appropriate. For this purpose, annual sales shall be expressed in promotion units, taking into account the value of the monthly income according to the value of the promotion unit at the end of each month. If the company has an existence of less than 3 years, the average shall be calculated by considering the actual existence. In respect of the goods constructed, the works that consist in maintenance or repair of the same shall not be entitled to credit. Nor shall the assets which may be used for housing or transport purposes, excluding lorries, single-cab vans and others intended exclusively for the carriage of goods or buses providing services, be entitled to credit. intercity or rural public transport paid for passengers, registered as such in the National Register of Passenger Transport Services, which the Ministry of Transport and Telecommunications. The credit provided for in the first subparagraph shall be deducted from the first-rate tax payable on the income from the year in which the purchase or completion of the construction takes place, and, if an excess is produced, shall not be eligible for repayment. For the purposes of calculating the credit, the goods shall be deemed to have been updated at the end of the financial year in accordance with the rules laid down in Article 41 of this Law and before deduction of the corresponding depreciation. In no case shall the annual amount of the credit exceed 500 monthly tax units, considering the value of the monthly tax unit of the month of the end of the financial year. The credit established in this article shall not apply to companies of the State or to companies in which the State, its agencies or undertakings or the municipalities have a participation or interest exceeding 50% of the capital. Nor shall that credit be applied in respect of the goods which a company delivers on a lease with an option to purchase. For the purposes of the provisions of this Article, it is understood that they are part of the physical assets immobilized the new movable tangible property that a company takes on a lease with an option to purchase. In this case the credit will be calculated on the total amount of the contract. (b) Those taxpayers who, in the three years preceding the year in which they acquire, finish building, or take into lease with the option of purchase the respective goods, as appropriate, record an average annual sales of more than 25 000 units of promotion and which do not exceed 100,000 units of promotion shall be entitled to the credit established in the preceding cases with the percentage resulting from multiplying 6% by the result of dividing 100 000 minus annual revenue, on 75,000. For this purpose, annual sales shall be expressed in promotion units, taking into account the value of the monthly income according to the value of the promotion unit at the end of each month. If the company has an existence of less than 3 years, the average shall be calculated by considering the actual existence. If the percentage that results is less than 4%, it shall be the latter percentage which shall apply for the determination of the credit referred to. In all other cases, the rules laid down in (a) above shall apply. (c) Taxpayers who, in the 3 financial years preceding the year in which they acquire, finish building, or take into lease the respective goods, as appropriate, and record an average annual sales of more than 100,000 units of promotion shall be entitled to the credit provided for in this Article, equivalent to 4% of the value of the assets of the fixed assets, acquired new, completed during the year or which they take into account, as appropriate. In all other cases, the rules laid down in (a) above shall apply. ' (18) Substitute Article 34 for the following: " Article 34.-Presumed cases. 1.-General rules. Taxpayers whose activity is the exploitation of agricultural real estate, mining or land transport of cargo or passengers, who are satisfied with the conditions under which they carry out their activity, may choose to pay the first class tax. on the basis of the presumed income, determined in the form that this article has for each case, and provided that they comply with the requirements set out below. Only those taxpayers whose annual net sales or revenue of the first category, not exceeding 9,000 units of promotion, in the case of agricultural activity, shall be eligible for the presumption of income scheme referred to in this Article. units of promotion in the transport activity, or do not exceed 17,000 units of promotion, in the case of mining. For the purposes of determining the sales or revenue, the entire income earned by the taxpayer shall be computed, whether they come from activities subject to the effective or presumed income regime, as appropriate, and shall not be considered as occasional outages of movable or immovable property which are part of the taxpayer's fixed assets. For this purpose, the sales or revenue of each month shall be expressed in units of promotion in accordance with the value of this last day of the respective month. The option referred to in the first paragraph of this number shall be exercised within the first two months of each commercial year, on the understanding that the income obtained from that year shall be taxed in accordance with the presumed income scheme. Without prejudice to the above rule, in the case of taxpayers initiating activities, the option shall be exercised within the time limit laid down in Article 68 of the Tax Code, provided that they do not record the date of commencement of activities, cash capital exceeding 18,000 units of promotion, in the case of agricultural activity, 10,000 units of promotion in the case of transport, or 34,000 units of promotion, in the case of mining activity, determined according to the value of the unit to the start day of activities. Only natural persons acting as individual entrepreneurs, individual limited liability companies and communities, cooperatives, persons and companies by virtue of this Article shall be eligible for the provisions of this Article. actions, made up at all times only by community members, cooperators, partners or natural persons. Taxpayers who hold or exploit any title, social rights, shares in companies or shares of investment funds shall not be covered by the provisions of this Article unless the income from such investments is do not exceed 10% of the total gross receipts of the respective commercial year. In the event of exceeding that limit, the provisions of the penultimate paragraph of this Article shall apply. For the control of the limit of the sales or revenue to which this number refers, the taxpayers who accept the provisions of this article and are not obliged to carry the book of purchases and sales, must carry some system of control of your income stream, which meets the requirements and form that the Service establishes, by resolution. However, taxpayers who qualify as micro-enterprises within the meaning of Article 2 (2) of Law No 20416, who are natural persons acting as individual entrepreneurs, individual undertakings of limited liability or communities, will be exempt from the latter obligation. The Internal Revenue Service shall keep a Register of Contributors under the system of presumption of income referred to in this Article. 2.-Determination of the presumed income. (a) Agricultural activity. It is presumed that the taxable income of taxpayers who exploit agricultural real estate is equal to 10% of the tax guarantee of the property, which is in force at 1 January of the year in which the tax is to be declared. The rules of the last two subparagraphs of Article 20 (1) (a) shall apply to those taxpayers. (b) Land transport of cargo or passengers. It is presumed that the taxable income of taxpayers operating on land transport vehicles or passengers is equal to 10% of the current value in the vehicle's square, including its trailer, coupled or similar carriage, respectively. For these purposes, the current value in the vehicle's place shall be understood to be that determined by the Director of the Internal Revenue Service at 1 January of each year in which the tax is to be declared, by means of a decision to be published in the Official Journal or in another national circulation journal. (c) Mining. It is presumed to be the right that the taxable income of the mining activity, including in it the activity of exploitation of plants of benefit of minerals, provided that the volume of the treated minerals comes from more than 50% of the belonging operated by the same taxpayer, will be the result of applying on annual net sales of mining products, the following scale:-4% if the average price of the pound of copper in the year or year concerned does not exceed 276,79 cents dollar. -6% if the average price of the pound of copper in the respective year or year exceeds 276.79 cents and does not exceed 293.60 cents. -10% if the average price of the pound of copper in the respective year or year exceeds 293.60 cents and does not exceed 335.52 cents. -15% if the average price of the pound of copper in the respective year or year exceeds 335.52 cents and does not exceed 377.52 cents. -20% if the average price of the pound of copper in the respective year or year exceeds 377.52 cents. For the price of the pound of copper is understood the Price of Chilean Producers set by the Chilean Commission of the Copper. For these purposes, the value of the monthly sales of mineral products shall be adjusted in accordance with the variation in the price index to the consumer in the period from the month preceding the month of the sales and the month prior to the closing of the respective year. The Internal Revenue Service, after reporting by the Ministry of Mining, shall determine the equivalence corresponding to the average price of gold and silver, in order to make applicable the scale prior to the sales of these minerals and to the combinations of these minerals with copper. In the case of other mining products without copper, gold or silver content, it is presumed that the taxable liquid income is 6% of the net value of the sale of these products. The amounts expressed in dollar cents of the The United States of America, which consists of the scales contained in Article 23 and in this article, shall be reupdated by 15 February of each year, by means of supreme decree, according to the variation experienced by the index In the previous calendar year, the Central Bank of Chile has determined that the country's consumer prices will be the same as the previous calendar year. This re-update shall govern, as regards the scale of Article 23, from 1 March of the year concerned and until the last day of February of the following year, and, as regards the scale of this Article, shall govern the year the tax on which the update takes place. 3.-Relationship rules. To establish whether the taxpayer complies with the sales or income limit set at number 1.-above, it must add to its sales and service revenue the total revenue from sales and services earned by the individuals, companies, communities, cooperatives and companies with which it is related, whether or not they carry out the same activity for which the alleged income scheme referred to in this Article is concerned. If, when carrying out the operations described, the result obtained exceeds that limit, the taxpayer as well as the persons, undertakings, communities, cooperatives and companies with which it is related and which determine their income according to this Article 14 shall determine the tax of this category on an effective income determined on the basis of an overall balance sheet, in accordance with Article 14 (A) or (B), in accordance with the option of the taxpayer, or according to the Article 14b (A), where they opt for this scheme and fulfil the conditions for eligibility for that scheme provision. If a natural person is related to one or more persons, undertakings, communities, cooperatives or companies which are entitled to any title in agricultural premises, or which are entitled to use vehicles as carriers, or develop the mining activity, as appropriate, in order to establish whether such persons, companies, communities, cooperatives or societies exceed the limit specified in the number 1.-above, the total annual income from the activities must be added identified, of individuals, companies, communities, cooperatives and related companies with the natural person. If, when performing the operation described, the result obtained exceeds the corresponding limit, all persons, businesses, communities, cooperatives and societies related to the person shall determine the tax of this category on the basis of income effective, on the basis of an overall balance sheet, in accordance with Article 14 (A) or (B) in full accounting as the taxpayer's option, or in accordance with Article 14b (A), when they opt for this scheme and meet the requirements to make use of that provision. For the purposes of determining income, the occasional transfer of movable or immovable property which is part of the taxpayer's fixed assets shall not be considered, and the income of each month shall be expressed in units of promotion of agreement with the value of this on the last day of the respective month. For the purposes of this Article, they shall be considered to be related to a person, business, community, cooperative or company: (i) Companies or companies forming part of the same business group, as provided for in Article 96 of the Law N ° 18.045, and persons related to the terms of Article 100 of the same law, whatever the legal nature of the interveners, except the spouse or his relatives up to the second degree of consanguinity, of the persons referred to in point (c) of this Article. (ii) Individual limited liability companies, persons ' companies, cooperatives and communities in which they have the right of administration or if they participate in any title in more than 10% of earnings, income, share capital or in a quota or part of the respective good. (iii) The public limited liability company, company for shares and company in terms of shares, if it owns, usufrucaria or any other title is entitled to more than 10% of the shares, profits, income or votes in the shareholders ' meeting. (iv) the manager of an association agreement or other business of a fiduciary nature, in which it is involved in more than 10% of the contract. If a company, company, community or cooperative, in accordance with these rules, is related to one of the persons listed in numerals (i), (ii) and (iii) above, and is in turn with others, the first are also related to the latter. 4.-Other rules. Taxpayers who, for failure to comply with any of the conditions laid down in this Article, must abandon the presumed income scheme, shall do so at the first of January of the commercial year following that in which the non-compliance, subject to the common rules of this law. In such a case, they may choose to apply the provisions of Article 14 (A) or (B) within the time limit for submitting the annual tax return in the form laid down in the rules referred to above, or may opt for the Article 14b (A), provided that they fulfil the conditions for the eligibility of that provision. Taxpayers may not return to the presumed income scheme unless they do not carry out the agricultural, mining or land transport activity of cargo or passengers, as appropriate, for 5 consecutive years or more, in which case it shall be subject to the rules of the preceding numbers in order to determine whether or not they may qualify for the alleged income scheme. For the purposes of calculating the term of 5 financial years, the taxpayer shall be deemed to carry out agricultural, mining or transport activities, when, respectively, it leases or yields in any form the enjoyment of mining belongings, pregod agricultural or vehicles, whose ownership or usufruct retains. Also, the taxpayers referred to in this Article, who take on a lease or another title of mere possession, exploit the whole or part of agricultural premises, mining belongings or motor vehicles of freight or passenger transport, of taxpayers who are to be taxed on their proven effective income by means of an overall balance sheet in accordance with Article 14 (A) or (B), or in accordance with Article 14b (A), when they opt for this scheme and comply with the requirements to make use of that provision, subject to one of these schemes; as appropriate, to count from 1 January of the year following that in which such circumstances are present, and shall not be allowed to return to the presumed income scheme, unless, within the same period of 5 years, the conditions laid down in the Previous paragraph. The taxpayers of this Article may choose to pay the tax of this category on their actual income demonstrated by a balance sheet in accordance with Article 14 (A) or (B), or according to accounts simplified in accordance with Article 14b (A), where they opt for this scheme and fulfil the conditions for eligibility. Once this option has been exercised they will not be able to re-enter the system of presumption of income. The exercise of the option shall be made by giving notice to the Service during the month of October of the year preceding the year in which they wish to change, subject to all the common rules of this law to be counted from the first day of January of the year following that of the notice. The taxpayer who, by effect of the rules of association, is obliged to declare his or her taxes on effective income, must inform the persons, companies, communities, cooperatives or companies with which he is find related. Persons, undertakings, communities, cooperatives or companies which receive such communication must, in turn, inform all the taxpayers who have a participation in them of more than 10% of the property, in accordance with the same procedure, capital, profits or income in it. ' 19) Rule 34 bis. 20. in Article 37, replace the words "Article 41 E", by the words "Articles 31, third indent and 41 E"; (21) Article 38a shall be replaced by the following: " Article 38a.-At the end of the turn of the contributors to the rules of the first category, whether declared by the taxpayer or when the Service has been declared by the taxpayer. The following rules shall apply: 1.-The taxpayers who declare on the basis of their effective income according to the accounts shall apply the following rules: 1. subject to the provisions of Article 14 (A), they shall, in order to be affected by the additional or additional global taxes, the amounts indicated in this number, to their owners, contributors to Article 58, number 1, community members, partners or shareholders, in the form referred to in points (a) or (b) of number 3. Article 14 (A), as applicable, with the right to the credit provided for in Article 56 (3) and (63), allocated on those sums, in the form laid down in point (f) of the fourth subparagraph, and Article 14 (5), both of Article 14. These amounts correspond to the positive differences between the value of the taxpayer's own tax capital, according to its value at the date of the end of the rotation in accordance with the provisions of Article 41 (1). (i) The positive balance of the quantities entered in the registers referred to in points (a) and (c) of number 4 of the (a) Article 14; and (ii) the amount of capital contributions actually entered into the undertaking, plus the increases and discounted subsequent decreases which have been made, all adjusted according to the percentage of the variation of the consumer price index between the month before the date of contribution, increase or decrease in capital, and the month before the end of the turnaround. In the case of income attributed to taxpayers in the first category, they must either attribute or compute the income attributed to them by applying the rules laid down in Article 14 (A), (B) or (C), as appropriate. 2.-Taxpayers who declare on the basis of their actual income according to full accounts subject to the provisions of Article 14 (B), shall consider withdrawals, remesadas or distributed income or accumulated amounts in the company indicated in the following paragraph, by its owners, contributors to Article 58, number 1, community members, shareholders or shareholders, in the proportion in which they participate in the profits of the company, to be affected by the taxes additional or additional global. These amounts correspond to the positive differences between the value of the taxpayer's own tax capital, according to its value at the date of the end of the rotation in accordance with the provisions of Article 41 (1). the following quantities: (i) the positive balance of the amounts recorded in the register referred to in point (a) of Article 14 (B); and (ii) the amount of capital contributions actually entered into the undertaking plus the increases and discounted amounts the subsequent decreases that have been made of the same, all adjusted according to the percentage of variation of the consumer price index between the month before the date of contribution, increase or decrease in capital, and the month before the end of the rotation. These taxpayers will be taxed for those income or amounts with a tax of 35%, which will have the sole character of this law in respect of the company, employer, community, partner or shareholder, without the provisions of the Article 54 (3). Against this tax, the balance of credit laid down in Article 14 (B) (b) of Article 14 may be deducted. However, in the case of the accumulated credit balance established in the number (i) of that point, the credit referred to shall apply only up to 65% of its amount. However, the tax which has been applied on the part of the income or amounts corresponding to owners, community members, shareholders or shareholders required to declare their income in full accounting, subject to the provisions of the Article 14 (A) or (B) shall be incorporated in the accumulated credit balance provided for in point (f) of point (a) of point (a) and point (b) of point (b) of point (b) of point (b) of the said article. 3.-In the cases mentioned in numbers 1.-and 2.-above, the employer, community, partner or shareholder may choose to declare the income or amounts corresponding to the date of the term of rotation, as affections to the overall tax complementary to the year of the term of rotation according to the following rules: To these rents or amounts will be applied a complementary global tax rate equivalent to the average of the highest rates of such tax that have affected the In the 6 financial years before the end of the rotation. If the company had existed only during the financial year in which it was put to a turn, then the income or amounts indicated shall be taxed as income for the year in accordance with the general rules. In the case of the cases referred to in number 2.-above, the income or quantities indicated shall be credited to Article 56 (3), which shall be applied at a rate of 35%. For these purposes, the credit must be added to the tax base in the form prescribed in the final indent of Article 54 (1). 4.-The contributors to the provisions of Article 14b shall, at the end of their turn, practice for the purposes of this law, a final inventory in which they shall record the following goods: (i) Those who are part of their assets realizable, valued at replacement cost. (ii) the physical assets of its fixed assets, at their value up to the end of their turn, in accordance with Articles 31, number 5, and 41, number 2. The difference in value to be determined between the sum of the items mentioned in the numerals (i) (ii) precedents and the amount of the losses determined under this law at the end of the rotation shall be attributed in the manner laid down in the preceding number 1. In this case, the provisions of paragraph 3 shall also apply.-Precedent, but in such a case, the amounts to be determined at the date of the end of the rotation are not entitled to the credit of Article 56, number 3. 5.-In the cases referred to in numbers 1, 2 and 4 above, the company, taxpayer of Article 58, N ° 1 °, community or company ending its rotation, shall pay the respective taxes to be determined at that date and to practice the withholding tax. which lays down Article 74 (4) on income or amounts to be considered as withdrawn, remeshed or distributed in the form provided for. 6.-The value of the cost for tax purposes of the goods awarded by the owners, community members, members or shareholders of the companies concerned by this article, in the dissolution or liquidation of the goods at the date of the end of the rotation, shall be the same as to the person who has registered the undertaking in accordance with the rules of this law, to that date. ' 22) In Article 39: (a) Replace the number 1 ° by the following: " 1 °.-dividends paid by limited liability companies or by shares in respect of their shareholders, with the exception of the income referred to in Article 20 (2) (c) and the income which is attribute in accordance with Article 14, without prejudice to point (c) of point (2) (c), and in point (b) of point (b), both of Articles 14 and 5.-of Article 33. '; (b) Replace the number 3 ° by the following: "3 °.-The actual income of the non-agricultural real estate obtained by natural persons with domicile or residence in the country." 23) In Article 40: (a) In the number 6 °, delete the expression " article 14 bis or al '. (b) Remove the number 7 °. 24. in Article 41: (a) In the first subparagraph of the first subparagraph, delete the sentence "or partner of a company of persons". (b) Replace numbers 8 ° and 9 ° for the following: " 8 °.-The acquisition value of shares of limited liability companies or companies in shares of shares shall be adjusted in accordance with the variation in the consumer price index, in the the physical assets of the fixed asset. For these purposes, the rules on the determination of the acquisition value laid down in Article 17 (8) shall apply. In the case of investment in shares in undertakings or companies subject to the provisions of Article 14 (A), the value thus determined shall be adjusted at the beginning of each marketing year, in the proportion corresponding to the subscribed capital and paid by the shareholder in the total of the shareholder, applied on the income referred to in Article 14 (A) (4) (a), which has not been distributed at the end of the preceding financial year. The differences arising from this adjustment shall be taken into account, as appropriate, by the account "Revaluation of the Own Capital". 9 °.-The rights in companies of persons shall be adjusted in the same manner as indicated in the number above, in the case of the adjustment provided for in the second subparagraph of that number, the capital subscribed and paid by the partner in the member's total. Where the taxpayers referred to in the first subparagraph of this Article shall ensure the rights referred to in this number or the actions mentioned in the preceding number, they may deduct the acquisition value as a cost for the purposes of this law. adjusted in accordance with the first subparagraph of Article 8 (8), at the end of the financial year preceding the date of disposal, in addition to the increases and decreases in capital which are carried out during the respective financial year, Article 17, No 8, without regard to any adjustment to those amounts . The adjustment value laid down in the second paragraph of the number 8, and which applies also to this number, may only be deducted from the higher value determined on the occasion of the disposal and until the sale of the investment in shares or rights in companies or companies subject to the provisions of Article 14 (A), without prior to such adjustment the value of the withdrawals, remittance or distributions that the enajenante has made or received from the company, during the same financial year in which the disposal is carried out and before it. The part of this adjustment which cannot be deducted in the form indicated, shall be taken into account in the account "Revaluation of the Own Capital". "25) Replaced Articles 41 A, 41 B, 41 C and 41 D for the following:" Article 41 A.- In the case of such income, in addition to the rules of this article, in the cases that the tax law applies, in cases where the income of the taxable person or resident in Chile is taxed abroad, in the application of the taxes of this law, The following are: A.-Dividends and withdrawals of profits. Taxpayers who receive dividends or withdrawals from profits of companies incorporated abroad shall consider the following rules for the purposes of the and apply to such income the taxes of this law: 1.-Total credit available. It shall give credit the income tax that they have paid or have been held abroad for the dividends received or the withdrawals of profits made from the companies, in their equivalent in pesos and adjusted in the form indicated in the following number 1 of the following point D, as appropriate. In the event that in the country source of the dividends or the withdrawals of social profits there is no income tax, or this is lower than the tax of the first category of Chile, the tax paid by the income of the company abroad. This tax will be considered proportionally in relation to dividends or withdrawals of profits received in Chile, for which the gross basis of income that proportionally corresponds to such dividends or profits at the level of the company from which they are paid, adding the withholding tax and income tax of the respective company. In the same situation above, the income tax paid by one or more companies in the portion of the profits that they repair to the company that remittance those profits to Chile will also be entitled to credit, provided that they are all domiciled in the the same country and the company has 10% or more of the capital of the subsidiary companies identified directly or indirectly. 2.-The credit for each income shall be the smallest amount between: (a) The tax (s) paid to the foreign State on the respective income as set out in the preceding number, and (b) 32% of an amount such that, by subtracting it 32%, the amount result is the net amount of the perceived income from which the credit is calculated. The sum of all the appropriations determined in accordance with these rules shall constitute the total available credit of the taxpayer for the financial year concerned, which shall be deducted from the first-rate tax and the final, supplementary and/or additional, in the form indicated in the numbers that follow. Where such income is received or is to be taken into account by taxpayers who are not obliged to determine their actual income according to complete accounting, they must register them in the country in accordance with the provisions of this Article and 41 G. cases, the total available credit will be deducted from the tax of first category, and the balance against the complementary global tax, after any other credit or deduction authorized by the law. If there is a remnant of credit, it shall not be entitled to refund or imputation to other taxes and may not be recovered in subsequent years. 3.-Credit against the tax of first category. In the case of the first class tax, the respective credit shall be calculated and applied according to the following rules: (a) The total available credit determined according to the rules of the first category shall be added to the base of the tax. previous. (b) The deductible credit of the first class tax shall be equal to the amount resulting from the application of the tax rate on the sum of the total available credit plus the respective foreign income. For the purposes of this calculation, the expenditure referred to in point (D) (6) of this Article shall be deducted. Where, in the respective year, a surplus is determined from the deductible credit of the first class tax, either for the existence of a loss for tax purposes or otherwise, that surplus shall be charged in the following financial years. in which foreign source income is determined to be affected, up to its total extinction. For the purposes of its allocation, this appropriation shall be adjusted by the same percentage of variation as the consumer price index has experienced between the last day of the month preceding the end of the financial year in which it was determined and the last day of the month preceding the end of the year of his/her imputation. (c) This appropriation is to be applied in the case of those loans or deductions which do not entitle them to reimbursement and before those who permit them. 4.-Credit against final taxes. The amount resulting after subtracting the total credit available from the first category credit determined in accordance with the preceding number shall constitute the credit balance against the final taxes, which shall be incorporated as part of the accumulated credit balance laid down in point (f) of point (a) of point (a) or the accumulated amount of credit laid down in point (b) of point (b) of point (b) of point (b) of both Article 14, as the case may be, for to be charged against the additional or additional global tax in the form provided for in those rules . In any event, the taxpayers will have to maintain a separate control of that part of the credits made up of these surpluses, as well as the tax of the first category covered by the foreign credit, to which they will be charged. The provisions of paragraph 7.-of point D.-of this Article. B.-Rents of permanent establishments and those resulting from the application of the provisions of Article 41 G. Taxpayers who have agencies or other permanent establishments abroad shall consider the following rules for the purposes of applying the first class tax on the result of the operation of such establishments: 1. These taxpayers shall add to the taxable income of the first class tax an amount equivalent to the taxes which are due until the following year, or have been paid, abroad, by the income of the agency or permanent establishment to be included in such taxable income, excluding withholding taxes that are applied on profits that are distributed. For this purpose, only taxes due until the following year, or paid, shall be considered for the foreign commercial year that ends in or coincides with the respective Chilean commercial year. The taxes referred to shall be converted into national currency in accordance with the following, in accordance with the exchange rate prevailing at the end of the financial year. The quantity to be added by application of this number may not exceed the credit established in the following number. 2.-The taxpayers referred to in this letter shall be entitled to a credit equal to that resulting from the application of the first class tax rate on an amount such that, by deducting such credit from that amount, the result is an amount equivalent to the taxable income of the agency or permanent establishment. In any event, the credit may not exceed the tax due until the following year, or paid, abroad, considered in the previous number. 3.-The credit determined in accordance with the preceding rules shall be deducted from the first class tax which the taxpayer is required to pay for the corresponding financial year. This appropriation is to be applied in respect of those loans or deductions which do not entitle them to reimbursement and before those who allow them. 4.-The excess of the credit defined in the preceding numbers shall be incorporated as part of the accumulated credit balance established in point (f) of point (a) of point (a) or the accumulated amount of credit established in the numeral (ii) of the letter (b) of point (B), both of Article 14 (2), as appropriate. In any event, the taxpayers will have to maintain a separate control of that part of the credits made up of these surpluses, as well as the tax of the first category covered by the foreign credit, to which they will be charged. The provisions of paragraph 7.-of point D.-of this Article. Taxpayers who are required to consider as an accrual or a payment of the passive income referred to in Article 41 G shall apply the following rules in order to determine an imputable credit to the respective first class tax: (i) credit shall correspond to foreign taxes paid or due, where appropriate, on such profits or amounts. (ii) Foreign taxes paid, owed or withheld shall be converted into national currency at the end of the financial year and in accordance with Article 41 (iii) (D) (4). the profits and amounts corresponding to Article 41 (2) (D) (2). All direct or proportional expenditure deemed necessary for the production of the income in accordance with Article 31 shall be deducted in the form that Article 41 (4) (b) of the Treaty on the European Union, the Council and the European Commission company and will be deducted from the respective first category tax. (v) In the event of a remainder of that credit, no refund may be charged or requested. The amount not used in the determination of the first class taxable liquid income shall be adjusted. (vi) The first-rate tax paid with the credit referred to above shall be applied to the rules of point (D) (7) of this Article. (vii) The consolidated passive income under Article 41 G shall not be part of the limit laid down in point (D) of this Article. (viii) Without prejudice to the foregoing, where appropriate, the provisions of Article 41 C. C.-Rents for the use of trademarks, patents, formulas, technical advice and other similar benefits that have been taxed abroad shall apply. Taxpayers who receive income from the use of trade marks, patents, formulas, technical advice and other similar services shall consider the following rules for the use of (a) the first category tax is to be applied to such income: 1. An amount determined in the form indicated in the following number shall be added to the taxable income of the first class tax, equivalent to the taxes which have been imposed due to the payment of, or having been held abroad for, the income received for the purposes of the use of marks, patents, formulas, technical advice and other similar benefits referred to in this letter, converted to their equivalent in pesos and adjusted in the manner prescribed in the following point (D) (1). For these purposes, the exchange rate corresponding to the date of the collection of the income shall be considered. The quantity referred to in the preceding paragraph may not exceed the amount of credit established in the following number. 2.-The taxpayers referred to in this letter shall be entitled to a credit equal to that resulting from the application of the first class tax rate on an amount such that, by deducting such credit from that amount, the result is an amount equivalent to the liquid sum of the income for the use of trademarks, patents, formulas, technical advice and other similar benefits received from the outside, converted to its equivalent in pesos and adjusted in the manner provided for in the Number 1 of the following point D, as applicable. In any event, the credit may not exceed the tax actually paid or withheld abroad, duly adjusted. 3.-The credit determined in accordance with the preceding rules shall be deducted from the first class tax which the taxpayer is required to pay for the corresponding financial year. This appropriation is to be applied in respect of those loans or deductions which do not entitle them to reimbursement and before those who allow them. 4. The surplus of the credit defined in the preceding numbers shall be incorporated as part of the accumulated credit balance established in point (f) of point (a) of point (a) or the accumulated amount of credit established in numeral (ii) of the letter (b) of point (B), both of Article 14 (2), as appropriate. In any event, the taxpayers will have to maintain a separate control of that part of the credits made up of these surpluses, as well as the tax of the first category covered by the foreign credit, to which they will be charged. The provisions of paragraph 7.-of point D.-of this Article. D.-Common rules. 1.-To effect the calculation of the credit for foreign taxes, both the respective taxes and the dividends, withdrawals and income taxed abroad, will be converted to their equivalent in Chilean pesos according to the exchange rate. between the national currency and the corresponding foreign currency, and shall be adjusted, where appropriate, by the variation in the price index to the consumer between the month preceding that of its collection and, or payment, as appropriate, and in the month preceding that of the closure of the respective year. In order to determine the exchange rate between the national currency and the foreign currency, the information published by the Central Bank of Chile in accordance with the provisions of Chapter I of the Chapter I of the Compendium of Change Rules will be available. International. If the foreign currency in which the payment has been made is not one of those reported by the Central Bank, the foreign tax paid in that currency must first be calculated in its equivalent in dollars of the United States of America, agreement to the parity between the two currencies, which is credited in the form and time limit established by the Internal Revenue Service by resolution, and then converted to its equivalent in Chilean pesos in the form already indicated. In the absence of a special rule, for the purpose of establishing the applicable exchange rate, the value of the respective currencies shall be considered on the day on which the respective income has been collected or accrued. The adjustment referred to in this number shall not apply where the taxpayer carries his accounting in foreign currency, without prejudice to the conversion of foreign taxes and income taxed abroad to his equivalent in the same currency. foreign in that he carries his accounting. 2. In order to make use of the credit established in the preceding letters A and B, the taxpayers must register in advance in the Registry of Investments in Foreign Countries that the Internal Revenue Service will take. This body shall determine the formalities of the register which the taxpayer must comply with in order to register. 3.-They shall have the right to credit the compulsory income taxes paid or retained, in the final form, on the outside, provided that they are equivalent or similar to the taxes contained in this law, whether they are applied on income certain actual results or presumed substitute income for them. Credits granted by foreign law to the external tax shall be considered as part of the latter. If the total or part of an income tax is credited to another income tax, in respect of the same income, the first of the second income tax shall be reduced, in order not to generate a duplicity to credit the taxes. If the application or amount of the foreign tax in the respective country depends on its admission as credit against the income tax that taxes in the country of residence to the investor, such tax will not give right to credit. 4.-The taxes paid by the foreign companies must be credited by the corresponding receipt or, with an official certificate issued by the competent authority of the foreign country, duly legalized and translated if procedure. Where taxes paid by subsidiary companies of those referred to in Article 41 (A) (1) are charged in the country, the documents required by the Service for the purposes of crediting the respective participation shall be accompanied by the documents. The Director of the Service may require the same requirements in respect of the taxes withheld, where he considers it necessary for the due account of the tax interest. 5.-The Director of the Internal Revenue Service may appoint auditors from the public or private sector or other ministers of faith to verify the effectiveness of the payments or withholding of the external taxes, return of capital invested in abroad, and the fulfilment of the other conditions laid down in this point and in points A, B and C above. 6.-Without prejudice to the above rules, the total credit for foreign taxes corresponding to foreign source income received or accrued in the financial year, as appropriate, of countries with which Chile has not subscribed Agreements to avoid double taxation may not exceed the equivalent of 32% of the Net Income of Foreign Source of Countries without the Convention of that financial year. For these purposes, the Net Income of Foreign Source of each financial year will be determined as the consolidated profit or loss of foreign source, it affects tax in Chile, obtained by the taxpayer, deducted the necessary expenses to produce, in the corresponding proportion, more the total of the credits for the foreign taxes, calculated in the form established in this article. 7.-No 3, No 3, No 3, No 3, No 3, No 3, No 3, No 3, No 3, No 3, No 3, the first class tax in that part of which has been deducted from the This tax will also not be charged as a credit against the additional or additional global tax to be determined on Chilean source income. For these purposes, the part of the first class tax which has been covered by the credit claim must be distinguished. Article 41 B.-Taxpayers who have investments abroad and foreign source income may not apply, in respect of such investments and income, the provisions of Article 17 (7) and (8), with the exception of (f) and (g) of that number, and in Article 57. However, these taxpayers will be able to return to the country the capital invested abroad without being affected by the taxes of this law up to the amount invested, provided that the respective sum is previously recorded in the Service of Internal taxes in the form set out in Article 41 A (2) A, and are credited with public or certified instruments of competent authorities of the foreign country, duly authenticated. In cases where the registration has not been carried out in a timely manner or the documentation referred to is not available, the reduction or withdrawal of capital shall be credited by the relevant documentation, duly authenticated, when corresponds, in the form and within the time limit set by the Internal Revenue Service by resolution. Companies incorporated in Chile that declare their effective income according to accounting will have to apply the provisions of this law with the following modifications: 1.-In case they have agencies or other permanent establishments abroad, the profit or loss resulting from the recognition in Chile on the basis of a perceived or accrued basis. This result shall be calculated by applying the rules of this law on the determination of the first class taxable base, with the exception of the deduction from the loss of previous years provided for in Article 31 (3), second indent, and shall be added to the taxable income of the undertaking at the end of the financial year. The result of foreign income shall be determined in the currency of the country in which the agency or permanent establishment is located. it shall be converted into national currency in accordance with the exchange rate laid down in Article 41 A (1) (1), in force at the end of the financial year in Chile. 2.-Article 21 shall apply for the items corresponding to the agencies or permanent establishments which have on the outside. 3.-Investments made abroad in shares, social rights and in permanent agencies or establishments shall be considered to be foreign currency assets for the purposes of monetary correction, with respect to the number 4 of Article 41. In order to determine the income from the disposal of shares and social rights, taxpayers subject to the monetary correction regime for assets and liabilities shall deduct the value to which such assets are recorded at the beginning of the year. of the exercise, increasing it or decreasing it previously with the new investments or capital withdrawals. Taxpayers who are not subject to such a scheme shall apply the second paragraph of Article 41 in order to calculate the greatest value in the disposal of the goods corresponding to those investments. The exchange rate to be applied in this number shall be that resulting from the application of Article 41 A (D) (1). They shall also be part of the cost referred to above, the profits or quantities which have been affected by the rules of the Article 41 G which are accumulated in the company at the date of disposal and which have previously been taxed at the level of the first and additional supplementary or global taxes. For these purposes, the aforementioned utilities or quantities shall be considered for the amount referred to in Article 41 G. 4.-First class tax credits or deductions, in which the law does not expressly authorize their tax rebate which comes from foreign source income, will only be deducted from the tax that is determined by the Chilean income. Article 41 C.-To taxpayers domiciled or resident in the country, who obtain income from the first category tax from countries with which Chile has signed agreements to avoid double taxation, which are in force in the country and in which the granting of a credit for it or the income taxes paid in the respective Contracting States has been committed, the rules contained in Articles 41 A and 41 B shall apply to them, with the exceptions which are set out below: 1. The right to credit, calculated in the terms described in the letter A to Article 41 A, all foreign income taxes paid according to the laws of a country with an agreement to avoid double taxation in force with Chile, in accordance with the provisions of the respective agreement. In this case, the percentage referred to in point (b) of Article 41 A (2) (A) shall be 35%, unless the beneficial owners of the foreign source income affected by the First Category Tax are resident or In addition, Chile will have an agreement in force to avoid double taxation with the country of residence of these beneficial owners. Total credit for foreign taxes corresponding to foreign source income received or accrued in the financial year, as appropriate, of countries with which Chile has signed agreements to avoid double taxation, may exceed the equivalent of 35% of the Net Income of Foreign Source of Countries with the Convention of that financial year. For these purposes, the Net Income of Foreign Source indicated for each financial year will be determined as the consolidated result of profit or loss of foreign source of countries with Convention, it affects taxes in Chile, obtained by the taxpayer, deducted the costs necessary to produce it, in the proportion corresponding to it, plus the total of the credits for the foreign taxes of these countries, calculated in the form established in this article. 2.-In the case of capital gains, dividends and withdrawals of social profits, as appropriate, the income tax paid for the income of the company or company abroad shall also be considered and, in the case of the exploitation of an agency or permanent establishment, the tax that is serious at the table. It will also give credit for the income tax paid by one or more companies in the portion of the profits that they repair to the company that remittance those profits to Chile, provided that they are all domiciled in the same country and the second one has directly or indirectly 10% or more of the capital of the subsidiary companies identified. For the purposes of the calculation of this number, in respect of the tax of the foreign company or company, attributable to capital gains, dividends or withdrawals of social profits, the tax paid to the other State shall be presumed to be the respective income is the one that according to the nature of the income corresponds to be applied in that State and is in force at the moment of the remittance, distribution or payment. 3.-Credit in the case of personal services. Taxpayers who, without losing their domicile or residence in Chile, receive foreign income classified in the first or second numbers of Article 42, may be charged as a credit to the single tax laid down in Article 43 or the global tax supplementary to Article 52, income taxes paid or withheld for the same income obtained from activities carried out in the country in which they obtained the income. In any event, the credit may not exceed 35% of an amount such that, by subtracting that percentage, the resulting amount is the net amount of the income received in respect of which the credit is calculated. If the tax paid or withheld abroad is less than that credit, it shall be the deduction of the lesser amount. In any case, a sum equal to the credit for external taxes will be added to the declared foreign income. Taxpayers who obtain income as referred to in Article 42 (1) must carry out a tax relief every year, updating the tax to be determined and those paid or retained, according to the variation experienced by the the price index to the consumer in the period from the last day of the month preceding that of the determination, payment or retention and the last day of the month preceding the date of the end of the financial year. The excess of double taxation resulting from the comparison of taxes paid or withheld in Chile and that of the reliquidation, reduced the credit, must be imputed to other annual taxes or to be returned to the taxpayer by the Service of Treasuries in accordance with the rules of Article 97. The same right to imputation and refund shall be liable to the additional global tax which has double taxation income. In the determination of the credit authorized in this number, the provisions of Article 41 A (D) (1), (3), (4), (5), (6) and (7) (D) shall apply to public limited liability companies and public limited liability companies. agree in their statutes to abide by the rules governing them, which are constituted in Chile and in accordance with Chilean laws with foreign capital that is maintained at all times of full ownership, possession and possession of shareholders or shareholders. comply with the requirements set out in number 2, only the provisions of this Article shall apply to the replacement of the other provisions of this law, except those requiring to withhold taxes that affect third parties or to provide information to public authorities, with respect to the contribution and withdrawal of capital and the income or profits they obtain from the activities carried out abroad, as well as the costs and disbursements to be incurred in the development of such activities. The same treatment shall apply to the shareholders of those companies domiciled or resident abroad for the remittances and distributions of profits or dividends they obtain from them and for the partial or total returns of capital from abroad, as well as from the higher value they obtain in the disposal of shares in the companies covered by this article, with the exception of the proportional share corresponding to investments in Chile, in total equity of the society. For the purposes of this law, the aforementioned companies will not be considered domiciled in Chile, so they will be taxed in the country only for the Chilean source income. These companies and their shareholders or shareholders must comply with the following obligations and requirements, while the company is host to this article: 1.-To have exclusive object the making of investments in the country and in the outside, in accordance with the rules of this Article. 2.-The shareholders of the company and the shareholders or shareholders of those, who are legal persons and who have 10% or more of the participation in the capital or the profits of the first, must not be domiciled or resident in Chile, in countries or territories which are regarded as tax havens or preferential tax regimes which are harmful to the Organisation for Economic Cooperation and Development. By means of a supreme decree of the Ministry of Finance, which may be modified as many times as necessary at the request of a party or of its own office, the list of countries in this situation will be determined. For these purposes, only the respective States or territories which are included in the list of countries regularly established by the Organisation for Economic Cooperation and Development, such as tax havens or schemes, shall be considered in this list. Harmful preferential tax. In any event, the above shall not apply if at the time of the company in Chile and already made the corresponding contributions, the shareholders of the company and the shareholders or shareholders of those, if they are legal persons, were not domiciled or resident in a country or territory that, with After such events, it shall be included in the list referred to in this issue. The same criterion applies in respect of investments made abroad in relation to the moment and the amount actually invested at that date. Without prejudice to the above restriction, persons domiciled or resident in Chile may acquire shares in companies covered by this Article, provided that they do not, as a whole, directly or indirectly participate in or participate in 75% or more of the capital or the profits of them. These persons shall apply the same rules as this law for the shareholders of public limited companies formed outside the country, including income tax on capital gains to be determined in the disposal of the shares of the host society to this article. 3.-The capital contributed by the foreign investor must have its source of origin abroad and must be made in foreign currency of free convertibility through some of the mechanisms that the Chilean legislation establishes for the capital inflow from abroad. The same treatment will have the profits that originate from the referred capital. In addition, the return of these funds must be made in foreign currency of free convertibility, subject to the exchange rules in force at that date. By way of derogation from the foregoing paragraph, the capital may be heard in shares, as well as in social rights, but of companies domiciled abroad owned by persons without domicile or residence in Chile, valued all they are at their stock or book price, as appropriate, or for purchase in the absence of the first. In any case, the company will be able to borrow, but the credits obtained abroad will not be able to exceed the sum of the capital contributed by foreign investors and three times to the one provided by the domestic investors. or resident in Chile. In the event that the participation in the capital of the investor domiciled or resident abroad increases or that the capital decreases by returns of the same, the company shall, within the period of sixty days counted from the the occurrence of these events, adjusted to the new debt-capital ratio indicated. In any event, the credits referred to in this number shall be subject to the general rules of the law of stamps and stamps and their interest to the tax set out in Article 59, number 1, of this law. 4.-The company must keep complete accounting in foreign currency or national currency if it chooses to do so, and register in a special register in charge of the Internal Revenue Service, replacing the provisions of Article 68 of the Code Tax, and must report periodically, by means of affidavit to this agency, the fulfillment of the conditions mentioned in numbers 1, 2, 3, 5 and 6 of this article, as well as every income of capital to the country and investments or any other operation or remittance to the outside which it carries out, in the form, time and conditions which the Service set. The delivery of incomplete or false information in the affidavit referred to in this issue will be sanctioned with a fine of up to 10% of the amount of the investments made by this company. In any event, the fine shall not be less than the equivalent of 40 annual tax units, which shall be subject to the procedure laid down in Article 165 of the Tax Code. 5.-However, the sole purpose of the fine Under this article, you will be able to provide paid services to the companies and companies indicated in the following number, related to the activities of the latter, as well as to invest in anonymous companies incorporated in Chile. They shall distribute or attribute the income provided for in Article 58 (2), as appropriate, to the credit referred to in Article 63, in accordance with Article 14 and other legal rules, and shall practise, where appropriate, the retention provided for in Article 74 (4). Shareholders domiciled or resident in Chile referred to in the second paragraph of Article 2 of this Article, who receive income from the profits indicated, shall be subject to the same rules as the law provides for shareholders of public limited liability companies formed outside the country, and in addition, with the right to a credit with the tax rate of Article 58, number 2, applied in the form set out in the numbers 2, 3 and 4 of Article 41 A (A) of this law. Companies incorporated in this article that invested in companies incorporated in Chile will have to distribute their profits starting with the older ones, registering separately those that come from companies incorporated in Chile. obtained from outside. For the purposes of calculating the recoverable credit referred to in the final part of the preceding paragraph, the company must consider that the profits distributed, affected by the tax, correspond to all its shareholders in the proportion to the existing ownership of the shareholders resident or domiciled in Chile and non-residents or domiciled in the country. The companies covered by this article must inform the taxpayer and the Internal Revenue Service of the amount of the amount distributed with the right to the credits to be deducted. 6.-The investments that constitute its social object must be made by social or stock contribution, or in other securities which are convertible into shares, in accordance with the rules laid down in Article 87 of Law No 18,046, in companies formed and formally established abroad, in a country or territory other than those mentioned in the number 2 of this article, for the performance of business activities. In the event that the business activities referred to are not carried out abroad directly by the companies mentioned, but by subsidiaries or coligadas of those companies or through a sequence of subsidiaries or coligadas, the companies that generate the In any case, they must comply with the requirements of this number. 7.-The greatest value obtained in the disposal of the shares representative of the investment in a company host to the provisions of this article shall not be affected by the taxes of this law, with the exceptions mentioned in the paragraphs first and second of the number 2. However, the total or partial disposal of such shares to natural persons or legal persons domiciled or resident in one of the countries or territories indicated in the number 2 of this article or to subsidiaries or direct or indirect coligadas of the same, will produce the effect that both society and all its shareholders will be subject to the general tax regime established in this law, especially as regards dividends, distributions or attributions of profits, remittances or capital returns that occur at the date of the Disposal. 8. Companies under the rules laid down in this Article shall not apply to them the provisions on secrecy and banking reserve laid down in Article 154 of the general law of banks. Any information related to this matter must be provided through the Internal Revenue Service, in the form in which it is determined by a regulation issued by the Ministry of Finance. 9. the requirements laid down in this Article shall determine the full application of the taxes of this law to the income of the calendar year in which the infringement occurs. " 26) In the second paragraph of Article 41 E, replace the expressions " to a country or territory of those included in the list referred to in issue 2 of the Article 41 D, "by the expression" abroad ". 27) Add, following Article 41 E, the following Articles 41 F, 41 G and 41 H: " Article 41 F.-Interest, commissions, remuneration for financial services and expenses and any other conventional surcharge, including those correspond to reimbursements, surcharges of expenses incurred by the creditor or related entity for the direct or indirect benefit of other related companies abroad that affect the results of the resident, resident, established or constituted in the country, by virtue of loans, debt instruments and other contracts or (i) operations referred to in this Article, which correspond to the excess of indebtedness determined at the end of the financial year, shall be taxed at a single rate of 35%, according to the following rules: 1. This tax shall be imposed on the direct tax payers, residents, established or established in Chile, by the above concepts that correspond to the excess debt and that have been paid, paid into account or made available during the financial year respective. 2. This tax shall be declared and paid annually in the form and time limit laid down in Articles 65, number 1, and 69, in respect of the interest and other items of the first subparagraph, paid, paid into account or made available during the financial year for the benefit of related entities incorporated, domiciled, resident or established abroad. 3. For the excess referred to in this article, the total annual debt of the taxpayer must be greater than three times its equity at the end of the year. of the respective year. 4. For the purposes of this Article, equity shall be understood as the capital determined as determined on 1 January of the respective year, or the date of the initiation of activities, as appropriate, in accordance with the provisions of Article 41. The value of the effective contributions and increases in capital made within the financial year shall be added, in proportion to their permanence in the respective period. It shall be deducted from the value of the own capital indicated, in proportion to that part of the period in which such amounts have not remained in the equity, the value of the effective decreases in capital, as well as the withdrawals or distributions from the respective year. It shall also be deducted from the value of the tax own capital, determined in the form indicated, the value of that contribution which has been directly or indirectly financed by loans, loans, debt instruments and other contracts or operations to which refers to the following number 5 with directly or indirectly related parties, unless they are paid in the respective financial year, unless the payment has been made or financed directly or indirectly with the same type of loans; debt instruments and other contracts or transactions. Where a negative value of the assets is determined by application of the above rules, the value shall be deemed to be equal to 1. 5. Total annual debt shall be considered as the sum of the securities and liabilities referred to in points (a), (b), (c), (d), (g) and (h) of Article 59, which the undertaking registers during the financial year, as well as any other credit or liability. contracted with households, residents, incorporated or established abroad, whether related or not. Likewise, the value of the loans or liabilities contracted with households, residents, incorporated or established in Chile, shall be part of the total annual debt. It shall also include the debts or liabilities of a permanent establishment abroad of the company domiciled, resident, established or incorporated in Chile. The tax shall apply to those items in the first indent corresponding to the permanent establishment, applying the rules of this article. In the case of mergers, divisions, dissolutions or any other legal act or transaction involving the transfer or the novation of debts, these shall be considered in the calculation of excess indebtedness of the undertaking to which the transfer was transferred or assumed. debt, loans, loans and other contracts or operations referred to in this Article, to be counted on the date on which that circumstance occurs. For the calculation of total annual indebtedness, the sum of the securities of the claims, debts, liabilities and other contracts or transactions referred to in this Article shall be considered to be the sum of the average value for the months of stay in the same, plus the interest and other items in the first subparagraph, which are incurred in these same debts which have not been paid, paid into account or made available, and which in turn bear interest or other interest of the items indicated in favour of the creditor. 6. The beneficiary of the items referred to in the first subparagraph shall be deemed to be an entity related to the person who pays them, pays into account or makes available when: (i) The beneficiary is established, established, domiciled or resident in some of the territories or jurisdictions which are part of the list referred to in Article 41 D, except where the creditor was not constituted, domiciled, established or resident at the time of the granting of the credit. in a country or territory which is subsequently included in that list. (ii) the beneficiary is domiciled, resident, constituted or established in a territory or jurisdiction which falls within at least two of the cases referred to in Article 41 (iii). The beneficiary and the person who pays, pays into account or makes available, belonging to the same group of companies, or directly or indirectly holds or participates in 10% or more of the capital or profits of the other or when they are under a common partner or shareholder which directly or indirectly owns or participate in 10% or more of the capital or profits of one or the other, and the beneficiary is located domiciled, resident, constituted or established abroad. (iv) The financing is granted with direct or indirect guarantee from third parties, except in the case of non-related third parties not related to the terms mentioned in numerals (i), (ii) (iii) and (v) of this number, and which provide the service of security in exchange for a normal market remuneration considering for such purposes the provisions of Article 41 E. However, the beneficiary shall be deemed to be related where the unrelated third party has concluded an agreement or obtained the necessary funds to guarantee the financing granted to the debtor with any entity related to the latter in the terms set out in numerals (i), (ii), (iii), (iv) and (v) of this number. (v) in the case of financial instruments placed and acquired by independent undertakings and which are subsequently acquired or transferred to related undertakings in accordance with the terms set out in numerals (i) to (iv) above. 7. With regard to the operations referred to in this Article, the debtor shall submit a statement on the debts, his or her guarantees and whether among the final beneficiaries of the interest and other items referred to in the first subparagraph of this Article. Article is found related entities in the terms mentioned in the previous number 6, all in the form and time that the Service establishes by resolution. If the debtor refuses to make such a declaration or if the claim is incomplete or false, it shall be understood that there is a relationship between the recipient of the interest and other items and the debtor, or between the debtor and the creditor of the uninformed debts, corresponds. 8. To determine the taxable amount of the tax set out in this Article, where an excess of debt is incurred in accordance with the provisions of paragraph 3, it shall apply to the sum of the interest and other items referred to in the first, paid, paid into account or made available during the financial year concerned, which were affected by the additional tax at a rate of 4%, as provided for in Article 59 (1), point (1), and those items which are not have affected the percentage of the total annual debt of the This is the only way to achieve this, and we will have to do so by the end of the year. In any event, the taxable amount of the tax set out in this Article shall not exceed the total sum of the interest and other items referred to in the first subparagraph, paid, paid into account or made available during the financial year In the case of the Commission, the Commission considered that, in the case of the Commission, the Commission did not have the right to provide the Commission with the necessary information. 9. The resulting tax shall be given credit, the amount of the total or proportional, as appropriate, additional tax that has been declared and paid on the interest and other items of the first item that are affected by this tax. tribute. 10. The resulting tax shall be borne by the debtor undertaking, which may be deducted as expenditure in accordance with the rules laid down in Article 31. 11. However, the tax established by this article will not be applied when the taxpayer is accredited to the Service, that the financing obtained and the services received correspond to the financing of one or more projects in Chile, granted for the majority of entities not related to the debtor, in that for the purposes of ensuring the payment of the debt or the services provided or for legal, financial or economic reasons, the lenders or service providers have required to constitute entities of common ownership with the debtor or its related entities; or guarantees the debt granted or the payment of the services provided by unrelated third parties, with the shares or property rights on the debtor entity or with the fruits that such securities or rights produce, all of the above provided that the interest and the other amounts referred to in the first subparagraph, as well as the guarantees indicated, have been agreed to their normal market values, for the purposes of which the provisions of Article 41 E. 12 apply. The malicious delivery of incomplete or false information in the affidavit referred to in this article, which implies that the provisions of the preceding paragraphs are not applied, shall be sanctioned in the manner provided for in the first subparagraph of the Article 97, No. 4 of the Tax Code. 13. The control rule set out in this article will not apply when the debtor is a bank, insurance company, savings and credit cooperative, credit card issuers, endurable mortgage mutual fund managers, credit card holders, credit card issuers. compensation for household allowance and other credit institutions authorised by law or a box, subject, as appropriate, to the supervision of the Superintendence of Banks and Financial Institutions, to the Superintendence of Securities and Insurance and, or the Superintendence of Social Security. Article 41 G.-Notwithstanding the provisions of Article 12 and the preceding articles of this Paragraph, the taxpayers or property of affectation with domicile, residence or constituted in Chile, which directly or indirectly controls entities without domicile or residence in the country, they shall consider as accrued or received the passive income received or accrued by the controlled entities, in accordance with the rules of this Article. A.-Controlled entities without domicile or residence in Chile. For the purposes of this Article, controlled entities without domicile or residence in Chile shall mean those entities that, whatever their nature, have their own legal personality or not, such as societies, funds, communities, assets or trusts, incorporated, domiciled, established, formalized or resident abroad, comply with the following requirements: (1) For the purposes of this law, the income of the controlled entity must not be counted in Chile pursuant to Article 41 B, No 1. 2. are controlled by entities or assets constituted, domiciled, established or resident in Chile. The entity shall be understood to be controlled by such contributors when at the close of the respective year or at any time during the preceding twelve months, these, on their own or in conjunction with persons or entities related to the Article 100 of Law No 18,045, whatever the nature of the interveners, except the directors, principal executives, the spouse or relatives up to the second degree of consanguinity of the persons referred to in point (c), this last item, or to the controller that is a non-established entity, not domiciled or resident in Chile, which in turn is not controlled by a local entity, directly or indirectly, in respect of the entity concerned, holds 50% or more of: (i) the capital, or (ii) the right to profit, or (iii) of the voting rights. Controlled entities shall also be considered, where the taxpayers, entities or assets constituted, domiciled, established or resident in Chile, directly or indirectly, by themselves or through the related persons concerned, may to elect or elect the majority of the directors or administrators of the entities abroad, or have unilateral powers to modify the statutes, or to change or remove the majority of directors or administrators. Unless proof to the contrary, it shall be presumed that it is a controlled entity for the purposes of this article, regardless of the percentage of participation in the capital, the profits or the right to vote directly or indirectly a taxpayer established, domiciled, established or resident in Chile, when the taxpayer is established, domiciled or resident in a country or territory of low or zero taxation. Similarly, it is presumed that it is a controlled entity when the taxpayer constituted, domiciled, established or resident in Chile has, directly or indirectly, an option to buy or acquire a stake or right in that entity, in the terms of the literals (i), (ii) or (iii) above. B.-Country or territory of low or zero taxation. For the purposes of this Article, it shall be understood as a country or territory of low or zero taxation as referred to in Article 41 H. C. For the purposes of this Article, the following shall be considered as passive income: 1. Dividends, withdrawals, repairs and any other form of distribution, or accrual of profits from holdings in other entities, even if they had been capitalised abroad. However, the distribution, distribution or accrual of profits that a controlled entity without domicile or residence in Chile has obtained from another entity that is not domiciled or resident in the country that is, in turn, is not considered to be passive income controlled directly or indirectly by the first, where the latter does not have as its principal turn or activity the acquisition of passive income. 2. Interest and other income as referred to in Article 20 (2) of this law, unless the non-domiciled controlled entity that generates them is a regulated banking or financial institution as such by the authorities of the respective country and does not is established, established, domiciled or resident in a jurisdiction or territory of those referred to in Articles 41 D, 2, and 41 H. 3. Income derived from the assignment of the use, enjoyment or exploitation of trademarks, patents, formulas, computer programs and other similar benefits, whether they consist of royalties or any other form of remuneration. 4. Capital gains or higher securities arising from the disposal of goods or rights that generate income from those indicated in the preceding numbers. 5. Income from the lease or temporary disposal of immovable property, unless the controlled entity has by turn or main activity the holding of buildings located in the country where it is constituted, domiciled or resident. 6. Capital gains arising from the disposal of buildings, except that they have been used or exploited in the development of a business activity generating income other than those rated as passive according to this article. 7. The income from the assignment of rights over the faculties to use or enjoy any of the goods or rights that generate the income considered passive according to the preceding numbers. 8. Income that controlled entities not domiciled or resident in Chile obtain as a result of transactions made with taxpayers established, domiciled, established or resident in Chile, provided that: (a) are parties related to the terms of Article 41 E; (b) such income shall be deductible expenditure for taxpayers who are established, domiciled, established or resident in the country for the purposes of determining their income taxes Chile, or must be part of securities subject to depreciation or amortisation in Chile, as appropriate, and (c) such rents are not of Chilean origin, or being of Chilean source, are subject to a tax rate in Chile less than 35%. If the passive income referred to in this Article represents 80% or more of the total income of the controlled entity established, domiciled or resident abroad, the total of the income of the controlled entity shall be considered as income passive for the purposes of this article. Unless proof to the contrary, it is presumed that: (i) All the income obtained by a controlled entity established, domiciled or resident in a territory or jurisdiction referred to in Article 41 H, is passive income. (ii) A controlled entity domiciled, constituted or resident in a country or territory of low or zero taxation, generates in the exercise at least a passive net income equal to the result of multiplying the average interest rate charged by the undertakings in the financial system of the said country or territory by the value of the acquisition of the holding or the value of the equity interest, whichever is greater, corresponding to the direct or indirect participation of the owners constituted, domiciled or resident in Chile. In case the country or territory officially publishes the average interest rate of the companies in its financial system, that rate will be used. If the indicated rate cannot be determined, the average rate established annually by the Ministry of Finance shall be used by means of a supreme decree. The provisions of this Article shall apply only where the passive income of the controlled entity exceeds 10% of the total income of the controlled entity in the corresponding financial year. D.-Form of recognition in Chile of the income received or accrued in accordance with this article. The passive income received or written by the controlled entities shall be considered to be, in turn, received or written by their owners established, domiciled, established or resident in Chile, at the end of the respective financial year, in accordance with The following rules: 1. Passive income shall be considered to be received or payable by owners domiciled or resident in Chile, in proportion to the direct or indirect participation that they have in the controlled entity. For the purposes of determining such proportion, the Service may exercise the appropriate supervisory powers. 2. To determine the amount of passive income to be computed in Chile, the rules of this law on the determination of the taxable base of the first category will apply, and will be added to the company's taxable income at the end of the exercise, unless the result throws a loss, in which case it will not be recognised in the country. 3. Where deductible expenses have an impact on the generation of passive income and other income, the deduction shall be made in the same proportion as such passive income in the total income of the controlled entity. 4. The result of foreign passive income shall be determined in the currency of the country in which the respective entity is located and shall, where appropriate, be converted into a national currency in accordance with the exchange rate set at number 1. Article 41 A (D), in force at the end of the year in Chile. 5. Taxpayers shall apply Article 21 to the controlled entities which they hold abroad. 6. Taxpayers established, domiciled, established or resident in Chile referred to in this Article, shall not consider as an accrual the passive income received or accrued in the financial year by entities controlled by the (a) where no more than 2,400 units of promotion are not exceeded at the end of the respective year. E.-Credit for taxes paid or owed abroad for passive income. Taxpayers established, domiciled or resident in Chile who are required to compute in the country income under this article, shall be entitled to credit for the the income paid or owed abroad corresponding to the passive income indicated in accordance with the provisions of Articles 41 A, B, 2, and 41 C, as the case may be. The deduction shall be made as a credit for the taxes paid even if the controlled entity whose income is to be declared in Chile is not constituted, domiciled or resident of the country or territory in which it has directly invested the Taxpayer domiciled, established, resident or constituted in Chile, provided that it is in force with the country that has applied such accreditable taxes in Chile, an agreement to avoid double taxation international or other that allows the exchange of information for tax purposes, which are in force; the requirements laid down in the provisions referred to in this paragraph shall be complied with. F.-Dividends corresponding to passive income. Dividends, withdrawals, and any other form of distribution of profits, profits or profits that controlled entities distribute to taxpayers with their domicile or residence in Chile, will not be taxed in the country with the income tax where they correspond to the passive net income that was previously taxed in accordance with this Article. In such cases, the provisions of Articles 41 A, B, second indent, and 41 C, as appropriate, shall be provided. For these purposes, dividends and other forms of distribution of profits, profits or distributed profits shall be deemed to correspond to passive net income in the same proportion as such income represents in total income net of the controlled entity. The same rule applies for the determination of the distribution of profits that the entity that it distributes would have received in turn from other controlled entities, and so on. G.-Registration and information obligations. Taxpayers constituted, domiciled, established or resident in the country shall maintain a detailed and up-to-date record of the passive income that has been computed in the country according to this article, of dividends or other form of participation in profits, profits or profits from controlled entities, as well as from the taxes paid or owed in respect of these income abroad, among other records. The Service, by resolution, shall fix the information to be entered in the said register, which may require the taxpayer, in the form and time limit which it establishes by resolution, one or more statements with the information to be determined by the the effects of implementing and monitoring compliance with the provisions of this Article. Failure to submit this declaration, or its erroneous, incomplete or extemporaneous presentation, shall be punishable by a fine of 10 to 50 annual tax units. However, such a fine may not exceed the greater limit between the equivalent of 15% of the taxpayer's own capital as determined in accordance with Article 41 or 5% of its effective capital. The application of that fine shall be subject to the procedure laid down in Article 165 (1) of the Tax Code. If the declaration submitted in accordance with this number is maliciously false, it shall be punished in accordance with the first subparagraph of Article 97 (4) of the Tax Code. The taxpayer may request the respective Regional Director, or the Director of Large Contributors, as appropriate, for once, to extend up to three months of the deadline for the submission of the said declaration. The extension granted shall extend, on the same terms, the period of audit referred to in Article 59 (a) of the Tax Code. When the passive income to be recognized in Chile has been affected by the additional tax of this law, due to its origin to Chilean source income obtained by the entity without domicile or residence in the country, the said tax Additional tax may be deducted as a credit from the tax to be applied on such income, in accordance with this Article. For the purposes of their deduction in the country the rules that this article establishes for the readjustability and accreditation of such tributes shall apply. Article 41 H. For the purposes of this law, a territory or jurisdiction shall be deemed to have a preferential tax regime when at least two of the following requirements are met: (a) Its effective tax rate on income from foreign source is less than 50% of the rate of the first indent of Article 58. For the determination of the effective fee shall be considered the exemptions or rebates granted on the respective income, the actual or presumed costs or expenses that will reduce such income and the credits or rebates to the foreign tax determined, all granted or granted by the respective territory or jurisdiction. Effective taxation will be the result of dividing the net foreign tax determined by the adjusted net income in accordance with the above. Where a progressive scale of charges is applied in the respective country, the effective rate shall be the equivalent of the "average rate", which results from dividing by two the difference between the maximum and minimum rate of the corresponding fee scale, expressed as a percentage. (b) They have not concluded with Chile an agreement allowing the exchange of information for tax purposes or the agreement concluded is not in force. c) The territories or jurisdictions whose legislation lacks rules that empower the respective tax administration to audit transfer prices, which in a substantial manner conform to the recommendations of the Organization for the Economic Cooperation and Development, or the United Nations Organization. (d) Those whose legislation contains limitations which prohibit their respective tax administrations from requesting information from their administrations and, or the provision and delivery of such information to third countries. (e) Those whose legislation is regarded as preferential arrangements for tax purposes by the Organization for Economic Cooperation and Development, or by the United Nations. (f) Those who exclusively tax the income generated, produced or whose source is in their own territories. The provisions of this Article shall not apply in the case of Member States of the Organisation for Economic Cooperation and Development. The Service shall, upon request, act by a decision on compliance with the requirements laid down in this Article. '(28) In the second indent of Article 42 (1), remove the expression' which has not been accepted by the Member States '. rules as laid down in point A.-of Article 57a, ' 29) Eliminate Article 42a (5). 30) In Article 43, number 1, replace expressions "On the part exceeding 120 and not exceeding 150 monthly tax units, 35.5%; and," and "on the part exceeding 150 monthly tax units, 40%." following expression: "On the part exceeding 120 monthly tax units, 35%." (31) In the fourth indent of Article 47, following the words 'penultimate', the words 'number 3 of' shall be added. 32) In Article 52, replace the expressions "On the part exceeding 120 and not exceeding 150 annual tax units, 35.5%; and," and "On the part exceeding 150 annual tax units, 40%." for the following expression: "On the part exceeding 120 annual tax units, 35%." (33) Add the following Article 52a: " Article 52 ° bis.-The President of the Republic, the Ministers of State, the Undersecretaries, the Senators and the Members, who obtain monthly income from Article 42, number 1 of this Law, from that function, and which exceed the equivalent of 150 monthly tax units, shall be taxed with the Single Second Category Tax by applying to the effect the rate scales indicated in the following point (a), replacing the contained in Article 43, number 1. For these purposes, the value of the tax unit of the respective month shall be considered. The authorities referred to in the preceding paragraph who obtain income from the functions identified and must be taxed in respect of them with the Supplementary Global Tax, when they exceed the equivalent of 150 annual tax units, shall be subject to such a charge, applying to the effect the scale of the fees referred to in point (b) below, as a replacement for that contained in Article 52 of this Law. For these purposes, the value of the annual tax unit of the last month of the respective commercial year shall be considered. For the application of the Supplementary Global Tax of the taxpayers referred to in the first subparagraph, when they are to include other income other than those mentioned above in their annual tax return, the said pay tribute to all of them according to the general rules on the subject, and considering the scale of the fees mentioned in the previous paragraph. However, where the sum of the other income, not referred to in this Article, exceeds the sum of 150 annual tax units, the tax shall be given as a result of applying the abovementioned scale to the income set, the the quantity resulting from multiplying the excess by a rate of 5%. (a) The income of Article 42, number 1, which is obtained on a monthly basis shall be taxed as follows: 1. Monthly rates referred to in Article 42 (1) to which the following scale of fees shall apply: of 13,5 and not more than In the case of the Commission, the Commission has taken the view that, in the light of the above, the Commission has not yet taken a decision on the question of the Commission's decision to take the measures in question. 70 and do not exceed 90 monthly tax units, 23%. On the part exceeding 90 and not exceeding 120 monthly tax units, 30.4%. On the part exceeding 120 and not exceeding 150 monthly tax units, 35%. the part exceeding 150 monthly tax units, 40%. (b) The income taxed with the supplementary global tax will be taxed as follows: Income that does not exceed 13.5 annual tax units will be exempt from this tax. On the part exceeding 13,5 and not exceeding 30 annual tax units, 4%. On the part exceeding 30 and not exceeding 50 annual tax units, 8%. On the part exceeding 50 and not exceeding 70 tax units In respect of the part exceeding 90 annual tax units, 23%. On the part exceeding 90 and not exceeding 120 annual tax units, 30,4%. On the part exceeding 120 and not exceeding 150 annual tax units, 35%. On the part exceeding 150 annual tax units, 40%. " (34) Replace the number 1 ° of Article 54 by the following: " 1 °.-The amounts collected or withdrawn by the taxpayer corresponding to the taxable income determined in accordance with the rules of the preceding categories. The income or amounts allocated by the undertaking, community, or company concerned, and the income or quantities withdrawn or distributed by them, as appropriate, in accordance with Article 14, 14 b, 17, number 7 and 38a of this law. The amounts referred to in (i) to (iv) of Article 21 (3), in the form and opportunity provided for in that rule, subject to the tax of this Title, which shall be increased by an amount equal to 10% on the abovementioned items. It shall also include the income or sums received from undertakings or companies incorporated abroad and those resulting from the application of the provisions of Article 41 G, the presumed income determined in accordance with the rules of this law and the income established in accordance with the provisions of Articles 70 and 71. In the case of companies and communities, the total of their alleged income shall be attributed in the form laid down in Article 14 (2) (C). The income referred to in Article 20 (2) and the income referred to in Article 17 (8), obtained by persons who are not required to declare in the accounts, may be compensated by reducing the losses of the profits which have been derived from the the same type of investment in the calendar year. In the case of income referred to in Article 17 (8), these shall be included where they have been received or accrued, as appropriate. All other income which is affected by the tax of this Title shall also be included, and which are not expressly mentioned in this number or the following. Where the credit provided for in Article 56 (3) applies, in the case of the quantities referred to in the second subparagraph of this number, withdrawn or distributed from undertakings subject to the provisions of point (A) and/or (B) of the Article 14, an amount equivalent to that credit shall be added to determine the overall gross income for the same financial year. ' (35) The following Article 54a shall be incorporated: " Article 54a.-Interest, dividends and other income from time deposits, savings accounts and mutual fund shares, as well as other instruments which are determined by supreme decree of the Ministry of Finance, issued by entities subject to the supervision of the Superintendency of Banks and Financial Institutions, of the Superintendency of Securities and Insurance, of the Superintendence of Social security, the Superintendence of Pensions and the Department of Cooperatives under the Ministry of Economy, Development and Tourism, which are empowered to offer to the public such financial products, extended in the name of the The taxpayer, in a unipersonal and nominative form, will not be considered to be perceived as the effects of tax on supplementary global tax, as long as they are not withdrawn by the taxpayer and remain saved in instruments of the same type issued by the institutions identified. In order to benefit from the benefit referred to above, the taxpayer must express to the respective entity its will in this regard at the time of the investments. In any event, at any time the taxpayers may waive the benefit provided for in this Article, including the total interest, dividends and other income in the tax base of the supplementary global tax. This is the case for a number of cases. The total amount allocated annually to the savings in all the instruments covered by this Article shall not exceed the equivalent of 100 annual tax units. If the taxpayer has made investments under Article 57a in the same financial year, they shall be considered for the calculation of the limit referred to in the preceding subparagraph, in addition to the savings made in this respect. Article. For the calculation of the limits indicated, each amount allocated to the savings shall be considered to be the value of the annual tax units, depending on the value of the annual tax units. The total amount of the investments made in the year covered by Article 57a, adjusted in the form set out in that provision, shall be considered as annual tax units according to the value of the year at the end of the year. exercise. Where the total investment made during a year exceeds the sum equivalent to the 100 annual tax units, the investments from which this excess has occurred shall be excluded from the profit established in the This article, and therefore, the taxpayer shall declare interest, dividends and other income received from these investments in accordance with the general rules. The Service shall inform the receiving entities of the investments, in the form and time limit laid down by resolution, of the investments made by the taxpayers in the respective financial year which are excluded from the benefit available to them. This article, for exceeding the annual limit. The respective entity shall be released from the obligations set out in the following points in respect of investments excluded from the scheme. The instruments referred to in this Article shall not be subject to any other provision of this law which establishes a tax benefit. The institutions indicated must keep a detailed account for each person and for each saving instrument accepted in this article that the person has in the respective institution. The account shall be recorded at least the amount and date of any amount that the person deposits or invests, and the date and amount of each change or withdrawal made or perceived by the person, whether they are capital, profit, interest or other, and must inform such a background to the Service in the form and time limits determined by it by resolution, as well as the other records required by that body for the purposes of controlling compliance with the requirements of this Article. For each withdrawal or rescue carried out by the taxpayer of amounts invested in the instruments covered by the provisions of this Article, they shall be considered to be included in the same proportion, both the capital originally invested and the interest, dividends and other income received up to that date. This proportion corresponds to the amount of the withdrawal or rescue carried out, on the accumulated balance of the investment, considering the sum of the capital plus interest, dividends and other income received at the date of the withdrawal or redemption. In order to determine which part of the investment will be considered as interest, dividends or other returns, the rules of Article 41a shall apply. For the purposes of this Article, interest, dividends or other returns which are part of a withdrawal or investment settlement, made on the occasion of the reinvestment of such funds in the Member States, shall not be considered to be perceived as being perceived as being perceived as being perceived as being perceived as being in the interest of the instruments, accounts or deposits identified in the same or other enabled institutions. To this end, the taxpayer must instruct the respective institution in which it maintains its investment, account or deposit, by means of a power which must comply with the formalities and contain the minimum particulars which the Service will establish by means of resolution, to liquide and transfer, all or part of the product of your investment, to another deposit, savings account or instrument in the same institution or in another. The qualified entities referred to in this Article shall inform the Service in the form and time limits determined by it, on the deposits and investments received and the open accounts, which are used for this benefit, the withdrawals reinvested in other instruments, deposits or accounts and on withdrawals made. In addition, they must certify, at the request of the person concerned, interest, dividends or other income received when they have been effectively withdrawn, in the form and time limit laid down by the Service, by resolution. The lack of issuance by the institution entitled in the opportunity and form indicated in the preceding paragraph, the omission or delay of the delivery of the information required by the Service, as well as its incomplete or erroneous delivery, shall be punished with a fine of a monthly tax unit up to an annual tax unit for each non-compliance, which shall be applied in accordance with the procedure laid down in Nº 1 of the Article 165 of the Tax Code. For the purposes of calculating income tax in accordance with this Article, the rate of the supplementary global tax corresponding to the financial year in which it is collected shall apply. However, the taxpayer will be able to opt for a complementary global tax rate equivalent to the average of the higher rates of tax that have affected the taxpayer during the period in which it maintained the savings, considering a maximum (36) In the fifth indent of Article 55a, following the words 'penultimate', the words 'number 3 of the' shall be inserted. 37. in Article 56 (3): (a) Substitute the first subparagraph by the following: " (3) The quantity to be applied to the income or quantities allocated in accordance with Articles 14, 14b, 17, 7 and 38a of the the quality of owners, community members, partners or shareholders of other undertakings, communities or companies, which are included in the overall gross income, the same rate of tax as the first category with which they were taxed. They shall also be entitled to this claim, in the amount determined in accordance with the provisions of Article 14 (5)-(A) and (B), both of Article 14, on income withdrawn or distributed from undertakings which are subject to (b) the words 'first category', the phrase ', with the exception of the part in which the person concerned is entitled to the right of the person to whom he or she is entitled'; the tax has been paid in respect of the territorial tax paid, ' and incorporated the following final sentence: "For this purpose, the undertaking shall separately note the part of the accumulated credit balance which has been covered by the credit for the territorial tax paid." (c) The following final paragraph is added: " Without prejudice to the In the case of a person who has previously been established, the taxpayers who claim the credit referred to in this number from the cumulative balance laid down in Article 14 (2) (b) of point (b) of Article 14 (b) shall be returned to the tax debit, an amount equal to 35% of the amount of the credit. For all legal purposes such a tax debit shall be considered to be a further additional overall tax determined. ' (38) Rule 57a. 39. in Article 58: (a) In issue 1, replace the words "remen outside or be withdrawn", by "they must be attributed, sent to the outside or withdrawn in accordance with the provisions of Articles 14, 14b; 17, number 7, and 38a". (b) Replace the number (2) by the following: " (2) Persons who are not domiciled or resident in the country shall pay this tax for the whole of the profits and other amounts which the public limited liability companies or companies in respect of of its shareholders, incorporated in Chile, attribute or agree to distribute to any title, in its capacity as shareholders, in accordance with the provisions of Articles 14, 14b; 17, number 7, and 38a. Exempt from the tax established in this number are the returns of capital to the country that are received by the franchises of Decree Law No. 600, 1974, of the Constitutional Organic Law of the Central Bank of Chile and other legal provisions in force, but only up to the amount of capital actually held in Chile. Where the credit provided for in Article 63 is applicable, in the case of quantities distributed by undertakings subject to the provisions of Article 14 (A) and/or (B), an amount equivalent to that credit shall be added to the (c) In the fifth paragraph of issue 3), following the end point, which is to be followed, the following sentence shall be added: ' It shall be jointly and severally liable for the quantities indicated, together with the with the acquirer of the shares, the entity, undertaking or the issuing company of the underlying assets to which refers to the literal (i) of the third indent of Article 10, or the agency or other permanent establishment in Chile referred to in the literal (ii) of that provision. "40) In Article 59: (a) In the first subparagraph, replace the expression" a (b) Eliminate in number 1 of the fourth subparagraph, from the second subparagraph which starts with the words 'The rate indicated', to the final paragraph ending with the words 'The rate indicated', with the word "multilateral". c) Eliminate the final paragraph. (41) In Article 60: (a) In the first subparagraph, replace the words "or accrual" by the expressions ", bear or be attributed to them in accordance with the provisions of Articles 14, 14b; 17, number 7, and 38a,". (b) In the second subparagraph, the word "foreign". 42) In Article 62: (a) In the first subparagraph, following the words "penultimate of", the words "number 3 of the", and add, following the separate point, which becomes followed, the following sentence shall be added: " The income shall also be added or the quantities allocated by the undertaking, community or company concerned, and the income or quantities withdrawn, or distributed by them, as appropriate, in accordance with Articles 14, 14 b, 17, 7 and 38a. '. b) Interleave, in the second indent, following the phrase "year in which" the expression "attribute,", and remove the third indent, passing the current fourth, fifth, sixth, seventh, eighth and ninth, to third, fourth, fifth, sixth, seventh and eighth, respectively. (c) Remove, in the seventh indent, the expressions "withdrawn in accordance with Article 14a and the quantities", and add the following to the comma after the guarism "14b", the expressions " and which are attributed according to the (d) Substitute the eighth and ninth subparagraphs, which became the seventh and eighth points, respectively, by the following: " The income or the sums collected from companies or companies incorporated shall also be included abroad and those resulting from the application of the provisions of Article 41 G, the (a) the income of the individual who is a Member of the European Community and who is a Member State of the European Community; In the case of companies and communities, the total of their alleged income shall be attributed in the form laid down in Article 14 (2) (C). Where the credit provided for in Article 63 is applicable, in the case of quantities withdrawn or distributed from undertakings subject to the provisions of Article 14 (A) and/or (B), an amount equivalent to that amount shall be added to determine the taxable amount of the same financial year. In the case of income referred to in Article 17 (8), these shall be included where they have been received or accrued, as the case may be. '(43) Substitute the first and second points of Article 63 for the following:' To the taxpayer of the additional tax, which obtain income as referred to in Articles 58 and 60 (1), shall be granted a credit equivalent to the amount resulting from the application of the rules referred to in the following paragraph. This appropriation shall correspond to the amount resulting from the application of the income or amounts allocated in accordance with Articles 14, 14 b, 17, 7 and 38a as owners, members, partners or shareholders of the other companies, communities or companies, which are included in the tax base of the tax, the same rate of tax of the first category with which they were taxed. They shall also be entitled to this claim, in the amount to be determined in accordance with the provisions of point (A) of point (A) and/or in Article 14 (B)-both of Article 14, on income withdrawn or distributed from undertakings subject to (a) the provisions of these provisions shall be such as to include the taxable amount of the persons concerned. Without prejudice to the above, the taxpayers who impute the credit referred to in the preceding subparagraph, from the cumulative balance set out in point (b) of point (b) of point (b) of Article 14 (b), must be returned for tax purposes, an amount equal to 35% of the amount of the said credit. For all legal purposes, such a tax debit will be considered as a higher additional tax. The refund obligation shall not apply to additional tax payers, residents in countries with whom Chile has signed an agreement to avoid double taxation in force, in which the application of the additional tax, provided that the first category tax is deductible from that tax, or another clause which produces the same effect is envisaged. " 44) In Article 65: (a) In the number 1 °, delete the words "with the single tax laid down in the third indent of Article 17 (8)"; and add, following the word "written", the word "attributed", preceded by a comma. (b) In the number 3 °, following the word "obtained", add the expression "or have been attributed to them". (c) Replace the number 4 ° by the following: " 4.-The taxpayers referred to in Article 60, first subparagraph, for the income received, accrued, attributed or withdrawn, corresponds, in the previous year. The taxpayers of Article 58 (2) shall submit a statement of the income attributed to them under this law. "45) In Article 69: (a) In the heading, following the words" obtained ", the words" obtained " shall be added. "or attributed". (b) In issue No 3, remove the expression "in Article 17 (8), and", and add, following the guarism "73 °", the expression "or 74 °". (46) It incorporates the following final point in Article 70: " Where the taxpayer finds the origin of the funds, but does not prove to have complied with the taxes which it would have been required to apply on such quantities, the time limits for The limitation period laid down in Article 200 of the Tax Code shall be increased by six months from the date of notification of the summons pursuant to Article 63 of the Tax Code, in order to pursue the compliance with the tax obligations and the criminal interests and fines arising from such obligations (47) Substitute the number 4 ° of Article 74 by the following: " 4.-Taxpayers who reimburse the outside, pay into account, make available or pay rent or amounts affected by the additional tax in accordance with the Articles 58, 59 and 60, cases in which the retention shall be carried out with the appropriate Additional Tax rate. For companies, communities and companies subject to the provisions of Article 14 (A) and/or (B), the retention to be carried out on withdrawals, remittance or distributions made from the amounts entered in the registration as provided for in point 4 (d) of that point, in respect of income or quantities affected by the additional tax in accordance with Article 14 (B) (B), or those exceeding such quantities, shall be made in advance of the the basis of Articles 58 and 62, with the right to the credit provided for in Article 63, in accordance with the provisions laid down in point (a) of point (5) and in Article 14 (3) (B). Without prejudice to the foregoing, at the time of the holding of the holding in question, when the credit referred to in the preceding paragraphs is attributed, resulting from the accumulated balance established in the numeral (i) of the (b) of Article 14 (2) (B), a quantity equivalent to 35% of the amount of the credit referred to is to be returned for tax purposes. For all legal purposes, such a tax debit will be considered an additional retained additional tax. However, this refund will not be granted in the case of residents in countries with which Chile has signed an agreement to avoid double taxation in force, in which the application of the additional tax has been agreed, provided that the tax of the first category is deductible from that tax, or another clause which produces the same effect is provided for. If, at the end of the financial year, it is determined that the deduction of the credit provided for in Article 63 is unduly, in whole or in part, the company or company shall pay the tax, on behalf of the taxpayer, the difference (a) the tax resulting from the deduction of further credit, without prejudice to the right of the company to repeat against the company. This amount shall be paid in the annual statement to the income to be presented by the company or company, adjusted in the percentage of variation of the Consumer Price Index between the month preceding the month of the retention and the month before the filing. of the company's income tax return, an opportunity in which the refund is to be made. The amount of the provisionally retained shall be paid to the whole of the taxes declared by the taxpayer in respect of the same income or amounts affected by the withholding tax. In the case of the quantities determined in accordance with Article 14b, the retention shall be carried out at a rate of 35%, with deduction of the credit provided for in Article 63. The same obligation to retain will have the taxpayers who will reimburse abroad, make available, pay into account or pay to taxpayers without domicile or residence in Chile, income or amounts from the operations mentioned in the points (a), (b), (c), (d) and (h) of Article 17 (8). The retention shall be made at a provisional rate equal to the difference between the rates of the additional and first class taxes in force at the date of disposal, when they are to be taxed in addition to the latter tax, on the total of the amounts to be paid to the outside, paid, paid into account or made available to the taxpayer without domicile or residence in Chile, unless the greatest value of tax is determined, in which case the retention shall be made with the 35% rate on this higher value, amounts which in both cases will be paid to the whole of the tax to declare the taxpayer in respect of the same income or amounts affected by the withholding tax, without prejudice to its right to impute in its annual declaration the remnant which will result in other annual taxes of this law or to request its return in the form provided for in Article 97. If, with the declared and paid retention, the taxes affecting the taxpayer have been fully fixed, the taxpayer will be released from filing the said annual declaration. Without prejudice to the annual declaration to which it may be obliged, the tax payer may submit an application to the Service before the expiry of the legal period for the declaration and payment of the withholding tax in the form that This is established by resolution, in order to determine the maximum value on which the amount of the retention should be calculated. Such a request shall include, in addition to the estimate of the largest value of the operation, all the background to the request. The Service shall, in its sole judgment, decide on such a request within 30 working days from the date on which the taxpayer has made available to him all the records required to resolve the dispute. a certificate issued by the relevant office of the Service. If this time limit has not been given on the application, it is understood that the Service has denied it, in which case the amount of the withholding must be determined in accordance with the rules of this law and the Tax Code. Where the Service has agreed to the taxpayer's request and the operation giving rise to the tax and the withholding obligation has materialised, it shall declare and pay the withholding tax within five days. In the case of a favourable resolution, a case in which the withholding tax shall be deemed to be declared and paid in due time. After this period has been expired without the retention of the term, the obligation to retain this article, applying the provisions of this law and the Tax Code, shall be deemed to be in breach. The greatest value determined in accordance with the foregoing shall not be subject to any audit, unless the background is maliciously false, incomplete or erroneous, in which case, upon summons according to the Article 63 of the Tax Code, the tax differences to be determined in accordance with the general rules, plus the relevant adjustments, interests and fines. In any event, the retention may not be effected if it is credited, in the form established by the Service by resolution, that the withholding taxes or the definitive duties applicable to the operation have been declared and paid directly by the (a) additional tax payer, or in respect of amounts corresponding to non-cash income or income exempt from the respective taxes or which resulted in a lower value or loss for the taxpayer, as appropriate. In such cases, where the fulfilment of any of the causal causes is not clearly demonstrated, and the taxpayer obliged to retain, whether or not it is a company, it is related to the beneficiary or recipient of such income or amounts in the terms set out in Article 100 of Law No 18,045, shall be responsible for the entire retention referred to in this issue, without prejudice to their right to repeat against the taxpayer without domicile or residence in Chile. By way of derogation from the foregoing paragraphs, taxpayers who reimburse, distribute, pay into account, make available or pay rents or amounts to taxpayers without domicile or residence in Chile who are residents of countries with there is an agreement in force to avoid double taxation at international level, in the case of income or quantities which are only to be taxed in the country of domicile or residence, or where a lower rate is applied to them according to this law, may not carry out the retentions established in this number or make them with the fee provided for in the agreement, as the case may be, where the beneficiary of the income or quantity accredits them by the delivery of a certificate issued by the competent authority of the other Contracting State, his residence in that country and declare in the manner established by the Service by resolution, that at the time of that declaration it does not have in Chile a permanent establishment or fixed base to which such income or amounts are to be attributed, and, where the agreement so requires, the beneficial owner of such income or amounts, or has the quality of resident qualified. When the Service sets In the case in particular, the requirements for applying the provisions of the respective convention under which no retention was made or the one effected was not in the amount of less than that which would have been agreed to this article, and the taxpayer obliged to retain, whether or not it is a company, is related to the beneficiary or recipient of such income or amounts in the terms laid down in Article 100 of Law No 18,045, that taxpayer shall be responsible for the whole or part of the retention which has not been carried out, without prejudice to its the right to repeat against the person who is not resident or domiciled in Chile. In the case of the quantities referred to in subparagraphs (i) to (iv) of Article 21 (3), the respective undertaking or company shall have an annual retention of 45% on those sums, which shall be declared in accordance with Articles 65, Number 1, and 69. For the purposes referred to in Articles 10 (3) and 58 (3), the acquirers of the shares, shares, rights and other securities shall hold a holding of 20% or 35%, as the case may be, on the taxable income determined in accordance with Article 58 (3) (b), retention to be declared in accordance with Articles 65, number 1, and 69, or in accordance with Article 79, at the choice of the taxpayer. " 48) In the first paragraph of Article 84: (a) in the first subparagraph of point (a), delete the expressions "(a), (b) (b) and (d) (d)," and the words "by the contributors of Article 34, number 2, and 34 (a), number 1," (b) in point (e); replace the words "Article 34a (2)" with "Article 34". (c) delete points (f) and (g). (d) in point (i), replace the phrase "Articles 14b and 14c" with "Article 14b" and the words "of their activity" as " perceived and/or accrued as they obtain in their activity, as appropriate agreement to Article 14b ". (e) in point (i), add the following second and third subparagraphs: " Taxpayers whose owners, community members, members or shareholders are exclusively natural persons with domicile or residence in Chile, who are welcome The provisions of Article 14b may elect to apply as a provisional payment fee the one that results from adding the effective rate of the complementary global tax that has affected each of the owners, community members, shareholders or shareholders. multiplied by the proportion of the taxable income which has been attributed to each of the these, all of which is divided by the gross receipts obtained by the company. For these purposes, the effective rate, taxable income and gross receipts for the immediately preceding commercial year shall be considered. The fee to be determined in accordance with this subparagraph shall apply to the gross receipts of the month in which the income statement corresponding to the previous trading year is to be filed and up to the gross receipts of the month preceding the month in which it is due (b) the following statement of income shall be submitted. ' 49) (a) in the first subparagraph, remove the expressions "or from the one in which the withdrawals and distributions are made, in the case of the taxpayers of Article 14a, subject to the obligation of such provisional payment"; (b) In the second subparagraph, replace the words 'points (e) and (f)', by the words '(e)' (50) in Article 97: (a) In the fifth indent, replace the sentences ' However, those who choose to send the cheque by mail to their registered office shall request it to the Treasury Department. If the taxpayer does not have any of the accounts indicated, such a return will be made by registered mail sent to his or her home. ", by the sentence" When the taxpayer does not have any of the accounts referred to or the Service If you have no information about them, the refund may be made by making available to the taxpayer the respective sums by means of a bank account or by means of a direct payment by cash on a bank account. or financial institution entitled to this effect. "(b) Add the following final indent:" Service shall have a period of 12 months, from the date of the application, to resolve the return of the balance in favour of the taxpayer, the basis of which is the absorption of profits in accordance with Article 31 (3). However, the Service may review the respective returns in accordance with Articles 59 and 200 of the Tax Code. " (51) In Article 108: (a) The third and fourth subparagraphs shall be taken up. b) Eliminate in the sixth paragraph, which became the fourth indent, the final sentence. c) Add in the seventh indent, which became the fifth indent, following the word "funds", the three times that it appears, the expression "mutual". " Article 2.-The following amendments are made to Decree Law No 825 of 1974 on Sales and Services Tax: 1. In Article 2: (a) The sentence "of ownership of a construction company constructed" is replaced by the following: wholly or partly constructed by a third party for her, 'by', excluding land, '. (b) In the number 3 ° add, following the word' furniture ', the expression' and immovable ', and delete the text following the first point followed to the next point, inclusive. (c) In the first subparagraph of paragraph 3 (c), the following point shall be added to the first subparagraph: " For the purposes of the sale of buildings, there shall be a presumption that there is habituality in the case of the sale of buildings by flats. or departments, provided that the disposal takes place within four years of the acquisition or construction, if any. In all other cases, the habituality shall be presumed when the acquisition or construction of the root property and its disposal elapses within a period of one year or less. However, the disposal of buildings which is carried out as a result of the execution of mortgage guarantees shall not be considered as normal. The transfer of real estate by taxpayers with effective real estate may be considered as usual. '(d) Replace, in the second subparagraph of the number 3 °, the term' construction undertaking 'by' the usual seller of goods property ". 2. In the third paragraph of Article 3, the following sentence is inserted after the word "exclusive", for which it may consider, among other circumstances, the volume of sales and services or income recorded, by the sellers and service providers and, or the acquirers and beneficiaries or persons who are required to bear the surcharge or the inclusion '. 3. In Article 8: (a) In point (b), the words 'and immovable' shall be added following the word 'furniture'. (b) In point (c): In the first paragraph, add, following the word "furniture", the words "and immovable"; and replace the separate point with a semicolon. Delete the second paragraph. (c) In point (d), the words "and buildings" shall be added after the word "furniture", the words "and the real estate". (d) In point (f), the words "and buildings" shall be added after the word "furniture". (e) Subparagraph (k) (f) In point (l), replace the text preceding the point followed, by the following: " Promises for sale and lease contracts with an option to purchase which fall on immovable property carried out by a seller. " (g) Replace point (m) by the following: " m) The sale of movable and immovable property which is part of the fixed assets of the undertaking, provided that, because it is subject to the rules of this Title, the taxpayer has been entitled to tax credit for its acquisition, import, manufacturing or construction. By way of derogation from the preceding paragraph, the sale of movable tangible property forming part of the firm's fixed assets, effected after a period of time, shall not be considered for the purposes of this Article. (a) thirty-six months counted from its acquisition, import, manufacture or construction term, as appropriate, provided that such sale has been made by or to a taxpayer in accordance with the provisions of Article 14b of the Law on Tax on Income, on the date of such sale. " 4. In point (c) of Article 9, the words 'and buildings' shall be followed by the word 'goods'. 5. Amend Article 12 as follows: (a) Add, in point B, the following number 16: ' 16. The Fire Corps and the National Board of Fire Bodies of Chile, established in Article 1 of Law No 20,564, in respect of the vehicles specified in subheading 8705.30 and the goods referred to in Item 0.36 of the Section 0, both of the Customs Tariff. "(b) Add a letter F of the following wording:" F.-The sale of a dwelling made to the beneficiary of a housing allowance granted by the Ministry of Housing and Urbanism, where it has been financed, in all or part, by the said subsidy; and the sale to a third of a dwelling delivered in lease with option to purchase from the beneficiary of a housing allowance granted by the same Ministry, when the option of purchase is financed, in whole or in part, by the indicated subsidy. ". 6. In Article 16: (a) In point (d) of the first indent, the words 'and buildings' shall be added to the word 'furniture', the words 'and buildings'. (b) To replace point (g) of the first subparagraph by the following: " g) In the case of the sale of used immovable property, in the acquisition of which no tax has been incurred l value added, made by a regular seller, the tax base will be the difference between the sales and purchase prices. For these purposes, the acquisition value of the property must be adjusted according to the percentage of variation in the consumer price index in the period between the month preceding the month of the acquisition and the previous month. to the date of the sale. However, in the determination of the tax base referred to in the preceding paragraph, the purchase price and the selling price shall be deducted from the value of the land which is included in both transactions. For these purposes, the seller may deduct from the sale price as the maximum value assigned to the land, the commercial value of the latter at the date of the transaction. If this deduction is made, the seller must deduct from the purchase price of the property an amount equal to the percentage representing the commercial value assigned to the land in the sales price. The Service may assess the commercial value assigned to the land in accordance with Article 64 of the Tax Code. " 7. In Article 18: (a) In the first subparagraph, following the word "furniture", add the words "or buildings", and then the term "furniture", add the "or real estate". (b) The following point shall be added as the final indent: "In these cases, and in Article 19, the provisions of Article 16 (g) and the second and the following points of Article 17 shall apply." 8. In Article 19, the words 'or buildings' shall be added to the words 'furniture', the words 'or buildings'. 9. In Article 23: (a) In its number 4 °, the following final sentence is added: " No credit shall be given to expenses incurred in supermarkets and similar shops which do not comply with the requirements laid down in Article 31 (1) of the Law on Income tax. ' (b) Replace your number 6 °, by the following: " 6 °.-The right to tax credit for the acquirer or contractor for the part of the value added tax that the construction company recovers under the prescribed period Article 21 of Decree Law No 910, 1975, shall be carried out only for taxpayers who are engaged in the usual sale of immovable property. " 10. In Article 42, replace your first indent by the following: " Article 42.-Without prejudice to the tax laid down in Title II of this Law, sales or imports, whether or not the latter are customary, of the species listed in this Article Article, pay an additional tax with the fee that in each case is indicated, which will be applied on the same taxable amount as that of the value added tax: (a) natural or artificial alcoholic beverages, energising or hypertonic, syrups and in general any other product which replaces them or which serves to prepare similar beverages, and mineral or thermal waters to which they have been added dye, taste or sweeteners, rate of 10%. (b) In the case where the species referred to in this subparagraph present the nutritional composition of high sugar content referred to in Article 5 of Law No 20,606, which for these purposes shall be considered to be existing when they are more than 15% grams (g) per 240 millilitres (ml) or equivalent portion, the rate shall be 18%. (c) Licores, pisco, whisky, spirits and distillates, including liqueur wines or aromatised wines similar to vermouth, rate of 31,5%. (d) Wines intended for consumption, including wines, sparkling or champagne, whether or not of a kind used for consumption, whether or not their packaging, beer and other alcoholic beverages, whether or not type, quality or denomination, rate of 20,5%. ' 11. In Article 64, the following third and fourth subparagraphs are inserted: " Without prejudice to the provisions of the first paragraph of this Article and to Article 1 of Decree No 1,001 of 2006 of the Ministry of Finance, the the following are indicated may defer the full payment of the tax to the added value due in a respective month, up to two months after the payment dates indicated in the specified provisions: a. Taxpayers covered by the provisions of Article 14b (A) of the Law on Income Tax. b. Contributors to the general scheme of complete or simplified accounting, the annual average of the revenue of which does not exceed 100,000 units of promotion in the last three calendar years. For the purposes of the foregoing, the Internal Revenue Service shall establish the manner and procedures in which the delay referred to in the preceding paragraph shall be effective. However, in such cases the obligation to declare the tax may not be extended. ' Article 3.-Without prejudice to the tax laid down in Title II of Decree Law No 825 of 1974, Law on Sales and Services Tax, new motor vehicles, light and medium, with the exceptions set out in the present Article, pay, for one time, an additional tax expressed in monthly tax units, according to the following formula: UTM tax = [(35 /urban performance (km/lt)) + (120 x g/km of NOx)] x (Sales price x 0.00000006) Where g/km of NOx, corresponds to the emissions of nitrogen oxides from the vehicle. The Ministry of Transport and Telecommunications shall determine the urban performance and the emissions of nitrogen oxides referred to in the preceding formula, measured and reported according to the test cycle, in accordance with the conditions laid down in the (a) to be established in a regulation dictated by that distribution, on the basis of the information found in the vehicle type-approval process or from another that determines when, in accordance with the rules in force, that process is not applicable. For the purposes of the precise formula, the selling price includes the tax set out in Title II of Decree Law No. 825 of 1974, Law on Sales and Services Tax. The tax laid down in this Article shall not apply to motor vehicles intended for the carriage of passengers, with a capacity of more than 9 seats, including that of the driver, and vehicles intended to provide taxi services in any of its forms; or in respect of trucks, vans and vans of 2,000 or more kilograms of payload capacity, or closed vans of less capacity. Nor will it be applied, in the case of taxpayers, to the value added tax, in respect of the purchase of new vans of up to 2,000 kilograms of payload, provided that they become part of the fixed assets of the taxpayer. In the case that the taxpayer will dispose of these vans, within the 24-month period from their acquisition, they will have to pay the amount corresponding to the tax that they should have learned in case of not favoring the exemption. Nor shall this tax be applied to tractors, motor vehicles, electric propulsion vehicles, self-propelled motor vehicles, vehicles for off-road transport, mobile cars, ambulance cars, mortuary cars, Armoured cars for transport and in general special vehicles classified under heading 87.03 of the Customs Tariff. It shall not apply in the cases referred to in Article 43a (7) of Decree Law No 825 of 1974, the Law on Sales and Services Tax. The Ministry of Transport and Telecommunications shall communicate, for each vehicle model, to the Internal Revenue Service, the values corresponding to the urban performance and the emissions of nitrogen oxides required for that Service where the amount of the tax payable is calculated in accordance with this Article and shall determine the form and conditions in which it is to be made. The tax referred to in this Article shall be paid at the Treasury Department, or in the banking offices authorized by that Service, by the person who is required to register the respective vehicle in the Registry of Motor Vehicles of the Civil Registration and Identification Service, according to the value of the monthly tax unit in force at the date of payment. The registration of the respective vehicle shall not be carried out in the registered Registry of Motor Vehicles of the Civil Registry and Identification Service without the prior payment of the tax being credited. For the purposes of the exemption referred to in the fourth indent, the taxpayers who once paid the tax register the corresponding vehicle, to provide taxi services in any of its modalities, shall be entitled to a refund of the This is a tribute, through the General Treasury of the Republic. In order to impose this benefit, the taxpayer must have the proof of payment of this tax, which must refer to the registration number of the vehicle in question, as well as to the other records for its correct singularization. The Internal Revenue Service shall establish the manner and procedures in which this return may be effective and shall verify its correct application. ' Article 4 °.-Introduces in Decree Law No 828, of the Ministry of Finance, 1974, which lays down rules for the cultivation, processing, marketing and taxes affecting tobacco, the following amendments: (a) Replaced, in the (b) Article 13a of the following wording: " Article 13a.-Producers, manufacturers, importers, processors, packers, packers, packers, manufacturers, importers, manufacturers, importers, manufacturers, manufacturers, importers, manufacturers, producers, producers, producers, producers, producers, producers, producers, producers, producers, distributors and traders of goods affected by the taxes of this law, which the Internal Revenue Service determines by resolution, shall incorporate or apply to such goods or products, their packaging, packages or wrappers, a marking system consisting of a stamp, mark, stamp, label, belt or another distinguishing element, as a control measure and a safeguard of the tax interest. Electronic information for traceability originating in the marking system referred to above shall be provided to the Service by means of the computer systems available to it in accordance with this Article. The taxpayer shall have a period of six months, counted from the publication or notification of the resolution referred to, to implement and implement the respective system. The time limit may be extended at the request of the respective taxpayer for a further three months from the original deadline. The resolution of the Internal Revenue Service determined by the taxpayers affected by this obligation, as well as the extension for the implementation and implementation of the system, must be notified to the National Customs Service, for its due registration and audit. A regulation issued by the Ministry of Finance shall establish the technical characteristics and specifications, requirements, form of operation and procurement mechanisms for the marking systems of goods or products, as well as requirements to be met by distinctive elements, equipment, machines or devices, which may be manufactured, incorporated, installed or applied, as appropriate, by undertakings which comply with the requirements laid down therein. Such undertakings or their staff may not, in any way, disclose data relating to the operations of the taxpayer to which they take knowledge, nor shall they permit them, their copies, or the papers in which they contain a background of such information. known by someone outside the Internal Revenue Service. The infringement of the foregoing will authorize the affected person to pursue the civil and criminal responsibilities before the competent courts. Taxpayers who incur disbursements directly related to the implementation and application of the marking systems of goods or products that this article deals with, will be entitled to deduct them as credit against their payments. compulsory provisional income tax, corresponding to the income of the month in which the payment was made. The remainder which will result, as a result of being lower than the mandatory provisional payment or because there is no obligation to make it in that period, may be charged to any other withholding tax or surcharge to be paid on the same date. The balance still remaining after the above mentioned charges may be reduced from the same taxes in the following months, adjusted in the manner prescribed in Article 27 of Decree Law No 825 of 1974, law on sales tax and services. The balance or remainder which shall be left, once the deductions have been made in the month of December of each year, or the last month in the case of a term of rotation, as the case may be, shall be of the provisional payment of those referred to in Article 88 of the the law on income tax, contained in Article 1, of Decree Law No 824 of 1974. The products or articles taxed in accordance with the respective laws may not be removed from the customs warehouse premises or from the premises or private premises for the deposit of goods authorised by the Director of Customs in accordance with Article 109 of the Customs Ordinance, or of the factories, warehouses or warehouses, without the taxpayers concerned having complied with the obligation laid down in this Article. In the event of non-compliance, such goods shall be deemed to have been sold or illegally imported, in the latter case in the offence of smuggling provided for in Article 168 of the Customs Ordinance, unless there is evidence of paid the tax in question, before the notification of the infringement. Taxpayers who do not comply with the obligation set out in the first subparagraph shall be fined up to 100 annual tax units. Where the infringement has been detected, without prejudice to the notification of the complaint, a period of not less than two months shall be given administratively and not more than six months in order to remedy the non-compliance; in the absence of a correction within the time limit A new infringement shall be notified in accordance with this paragraph. The application of the respective penalties shall be in accordance with the procedure laid down in Article 165 (2) of the Tax Code. Malicious adulteration in any form of the products or inventories, or of the information in respect of those provided to the Internal Revenue Service, in order to determine a lower tax to which it corresponds, will be (a) to be sanctioned in accordance with the first subparagraph of Article 97 (4) of the Tax Code. In case of detection in a process of audit, species of the regulated in this article, which do not have any of the distinguishing elements referred to in the first subparagraph, the sanction set out in the sixth subparagraph of this Article shall apply. this article and the comiso of the respective goods or products. The seizure of the species will be carried out by officials of the Internal Revenue Service at the time of the surprise of the infringement, and must send them to the nearest fiscal precinct for their custody and conservation. The vehicle or means used to commit the offence provided for in the preceding subparagraph shall not be continued to the place of destination until the seizure of the goods or products concerned is made. In order to implement the measures referred to in the foregoing paragraph, the provisions of the final paragraph of Article 97 of the Tax Code shall apply. In respect of goods or products seized or seized in accordance with this law, they shall apply as soon as the rules laid down in Title VIII of Book II of the Customs Ordinance, contained in the decree with force, are compatible. Law No. 213 of 1953, according to the text established by the decree with force of law N ° 30, 2005, of the Ministry of Finance. " Article 5.-The following amendments are made to Article 21 of Decree Law No 910, 1975: 1. In the first paragraph, replace the "4,500" guitarianism with "2,000". 2. In the sixth paragraph, replace the guitarianism "4,500" with "2,000". Article 6.-The following amendments are made to Decree Law No 3,475 of 1980, which establishes the law on the taxation of Timbers and Stampels: 1. In Article 1, number 3, replace the following guidelines: a. "0,033" by "0,066". b. '0,4' per '0,8'. c. "0,166" per "0,332". 2. In Article 2, replace the following guismos: a. "0,166" per "0,332" b. "0,033" by "0,066". c. '0,4' per '0,8'. 3. In the second paragraph of Article 3, replace the following guidelines: a. "0,033" by "0,066". b. '0,4' per '0,8'. Article 7 °.-Replace, in article 12 of Decree No. 1.101, of the Ministry of Public Works, 1960, which fixes the definitive text of the decree with force of law N ° 2, of 1959, on the Habitational Plan, the expression "50%" by "25%". " Article 8.-An annual tax on tax benefit to be imposed on air emissions of particulate matter (MP), nitrogen oxides (NOx), sulphur dioxide (SO2) and carbon dioxide (CO2) produced by establishments whose sources fixed, made up of boilers or turbines, individually or as a whole, together with a thermal power greater than or equal to 50 MWt (thermal megawatts), considering the upper limit of the energy value of the fuel. The tax of this article will affect natural and legal persons who, to any degree, making use of the sources of emission of the establishments indicated above, generate emissions of the compounds indicated in the previous. In the case of air emissions of particulate matter (PM), oxides of nitrogen (NOx) and sulphur dioxide (SO2), the tax shall be equivalent to 0,1 per tonne emitted, or the proportion corresponding to those pollutants, multiplied for the quantity resulting from the application of the following formula: Tij = CDCj X CSCpci X Pobj Where: Tij = Tax per tonne of the pollutant "i" emitted in the "j" commune measured in US$/Ton CDcj = coefficient of dispersion of pollutants in the comuna "j" CSCpci = Social cost of pollution per capita of the pollutant "i" Pobj = Population of the commune "j" The dispersion coefficient may take five values depending on whether the "j" commune has a high, medium, medium, medium, low or low dispersion factor and the dispersion factor will be determined from the emission-concentration factors. (FEC) estimated for particulate matter 2.5 for each commune, according to the following table: Factor Dispersion FEC High Coefficient] 600-+ 0.8 ton/ug/m3 Medium-High] 400-600] 0.9 ton/ug/m3 Medium] 200-400] 1 ton/ug/m3 Medium-Low] 100-200] 1.1 ton/ug/m3 Low 0-100] 1.2 ton/ug/m3 The Social Cost of Pollution per capita (CSCpc) associated with Each local pollutant will be the following: US Dollar Pollutant of North America MP $0.9 SO2 $0.01 Nox $0.025 The population of each commune will be determined for each year according to the official projection of the National Institute of Statistics. In the case of carbon dioxide emissions, the tax will be equivalent to 5 US dollars of North America for each tonne emitted. However, the carbon dioxide emissions tax will not apply to fixed sources that operate on the basis of renewable generation means. The primary energy source is the biomass energy referred to in Article 225 (1) (aa) of the Decree Law No 4 of 2006 of the Ministry of Economic Affairs, Development and Reconstruction, General Law of Services Electric. The payment of the taxes must be made in the General Treasury of the Republic in the month of April of the calendar year following the generation of the emissions, in national currency, according to the exchange rate in force at the date of the payment, previous rotation carried out by the Internal Revenue Service. The Ministry of the Environment will determine by supreme decree the establishments that are in the situation of the first paragraph of this article. This decree shall be updated annually. For the application of the formula set out in this article, the Superintendence of the Environment will certify in the month of March each year the emissions made by each taxpayer in the previous calendar year. The certification may be challenged in accordance with the provisions of Article 55 contained in the second article of Law No 20,417, suspending the tax turn as long as the appeal is not fully resolved. A regulation issued by the Ministry of the Environment shall set the methodology for determining the emission-concentration factors by commune, as referred to in the fourth indent; it shall also establish administrative procedures. necessary for the application of the tax referred to in this Article. The characteristics of the emission monitoring system and the requirements for its certification shall be those determined by the Superintendence of the Environment for each emission standard for fixed sources that is applicable. The certification of the emission monitoring system will be processed by the specified Superintendence, who will grant it by exempt resolution. For these purposes, the Superintendence of the Environment will supervise the performance of the monitoring, registration and reporting obligations set out in this article. The contributors referred to in this article shall submit to the Superintendence of the Environment, a report of the monitoring of emissions, in accordance with the general instructions determined by the appointed body, which may also define the minimum operating requirements, quality control and assurance of the monitoring systems or emission estimation, the additional information, the formats and corresponding means for the delivery of information. Taxpayers who fail to comply with the obligations set out in the preceding two points will be punished according to the provisions of the organic law of the Superintendence of the Environment. The delay in entering into Treasury the taxes referred to in this article shall be sanctioned in accordance with the provisions of Article 97 of the Tax Code. The Superintendence must send to the Internal Revenue Service a report with the data and background necessary for the calculation of the tax for each source. For the purposes of the provisions of the second paragraph of Article 149 of the decree with force of law N ° 4, 2006, of the Ministry of Economy, Development and Reconstruction, General Law of Electrical Services, the tax established by this Article shall not be considered in the determination of the instantaneous marginal cost of energy, when it affects the marginal generation unit of the system. However, for units whose total unit cost, this being the variable cost considered in the office, added the unit value of the tax, is greater than or equal to the marginal cost, the difference between the valorization of its injections to The marginal cost and total unit cost must be paid by all the power companies that make energy withdrawals from the system, in proportion to their withdrawals, and the respective Center for Economic Dispatch of Cargo (CDEC) must adopt all the relevant measures to carry out the relevant reliquidation. In the month of April each year, the Internal Revenue Service will send the respective CDEC and the National Energy Commission, a report with the calculation of the tax for each radio station. The National Energy Commission shall, by means of a resolution exempt, establish the technical provisions necessary for the proper implementation of the mechanism referred to in this paragraph. Article 9 °.-From 1 January 2016, the Decree Law No. 600 of 1974, Statute of Foreign Investment, was repealed. To that date, the Foreign Investment Committee may not enter into new foreign investment contracts subject to the rules of the statute contained in Decree Law No. 600 of 1974. The holders of investment contracts already signed with the Committee will continue to be governed by the applicable legal rules applicable to their contracts, including the provisions of Title III of the Committee on Foreign Investment. Article 10.-Enter the following amendments to the Tax Code, contained in Article 1 of Decree Law No 830, 1974: 1. Incorporate the following Article 4 (a), new: " Article 4 ° bis.-The tax obligations laid down in the laws establishing the taxable facts shall be born and made payable in accordance with the legal nature of the facts, acts or business performed, whatever form or denomination the persons concerned would have given it, and dispense with the defects or defects that might affect them. The Service must acknowledge the good faith of the taxpayers. Good faith in tax matters means recognising the effects of legal acts or businesses or of a set or series of acts, depending on the way in which they have been concluded by the taxpayer. There is no good faith if, by means of such legal acts or businesses or set or series of them, the taxable facts set out in the relevant tax laws are circumvented. It shall be understood that there is circumvention of the taxable facts in the cases of abuse or simulation laid down in Articles 4 ° b and 4 ° c, respectively. In cases where a special rule is applicable to avoid circumvention, the legal consequences shall be governed by that provision and not by Articles 4 and 4. It shall be for the Service to prove the existence of abuse or simulation in the terms of Articles 4 ° b and 4 ° c, respectively. For the purposes of determining abuse or simulation, the procedures laid down in Articles 4 (d) and 160 (a) shall be followed. "2. The following Article 4 (b), new:" Article 4º.-The taxable facts contained in the Tax laws cannot be circumvented by the abuse of legal forms. It shall be understood that there is abuse in tax matters where the carrying out of the tax is totally or partially avoided, or the tax base or the tax liability is reduced, or the birth of that obligation is deferred or deferred, by means of legal acts or businesses which, individually considered or as a whole, do not produce results or legal or economic effects which are relevant to the taxpayer or a third party, other than the purely tax purposes referred to in this Article Article The reasonable choice of conduct and alternatives provided for in the tax legislation is legitimate. As a result, it will not be an abuse of the single circumstance that the same economic or legal result can be obtained with another or other legal acts that would lead to a higher tax burden; or that the chosen legal act, or set of them, it does not generate any tax effect, or generates them in a reduced or deferred manner in time or in a smaller amount, provided that these effects are a consequence of the tax law. In the event of abuse, the tax obligation arising from the taxable facts established in the law shall be required. " 3. Insert the following Article 4 ° c, new: " Article 4 ° c.-There shall also be circumvention in the acts or businesses in which there is simulation. In such cases, the taxes will be applied to the facts actually carried out by the parties, irrespective of the simulated acts or businesses. Simulation, for tax purposes, shall be deemed to exist where the legal acts and business in question are used to conceal the fact that the tax or the nature of the constituent elements of the tax liability is taxed, or true amount or data of birth. " 4. Incorporate the following Article 4 ° quinquies, new: " Article 4 ° quinquies.-The existence of the abuse or simulation referred to in Articles 4 ° b and 4 ° c shall be declared, at the request of the Director, by the Court of Taxation and Competent customs office, in accordance with the procedure laid down in Article 160a. This declaration may only be required in so far as the amount of the tax differences determined by the Service to the respective taxpayer exceeds the amount equivalent to 250 monthly tax units of the filing of the requirement. Prior to the application for a declaration of abuse or simulation and for the purpose of establishing the exercise of the abuse or simulation, the Service shall cite the taxpayer in the terms of Article 63, and may request the necessary background and relevant, including those which serve to establish the fine of Article 100a. The time limits of Article 59 shall not apply in this procedure. The Director shall request the declaration of abuse or simulation to the Tax and Customs Tribunal within nine months of the response of the summons referred to in the preceding paragraph. The same deadline and shall apply in the case of non-mediation, which shall be counted from the respective citation. The precise term shall not apply where the remainder of the limitation period for the tax liability is lower, in which case the latter shall apply. The Director may not request the declaration of abuse or simulation in respect of the case for which the taxpayer or adviser was summoned. During the time elapsed between the date on which the abuse or simulation declaration is requested, until the resolution that resolves it, the calculation of the time limits laid down in Articles 200 and 201 shall be suspended. Where the existence of abuse or simulation is established for tax purposes, the Tax and Customs Tribunal shall thus declare it in the judgment which it gives to the effect, stating that the legal acts are abusive or simulated, the factual and legal background in which it is based, determining in the same resolution the amount of the tax due, with the respective adjustments, criminal interests and fines, ordering the Service to issue the settlement; The appropriate rotation or resolution. The foregoing, without prejudice to the resources which, according to Article 160a, may be deducted by the Service, the taxpayer or who is penalised with the fines which may be imposed. " 5. The following paragraphs shall be incorporated in the second subparagraph of Article 6 (A) (1): " It may also provide for the public consultation of draft circulars, or instructions which it considers relevant, in order to enable them to taxpayers or any natural or legal person should opt for its content and effects, or make proposals on them. However, the circulars and instructions which aim to interpret, in general terms, tax rules, or those that modify previous interpretative criteria, must always be consulted. The opinions expressed on the occasion of the consultations referred to in this numeral shall be of a public nature and shall be sent to the Service through the means available in its virtual office, available through the web institutional. The detailed answers shall not be binding, nor shall the Director be obliged to take a position on them. " 6. The word 'liquidators', preceded by a comma, shall be inserted after the word 'syndicates' in Article 8 (6). 7. Add in the first paragraph of Article 11, following the end point, which becomes a point, the following: " The request of the taxpayer to be notified by e-mail will govern for all the notifications that in the The following shall be performed by the Service, without prejudice to the provisions of the final paragraph of this Article. At any time the taxpayer may leave this application without effect, provided that in that act he individualizes an address for the purposes of subsequent notifications. In the case of taxpayers who are obliged to issue tax documents in a different form of paper, the Service shall, for the purposes indicated in this Article, use the same email addresses as the taxpayer uses. for the issue of such documents or those which it has indicated in its tax declarations. A copy of the notification and the action shall be delivered digitally to the taxpayer or his/her representative to the email address above. The absence of an e-mail address from the representative or the non-receipt of the notification by the representative shall not invalidate the notification sent to the e-mail address used or indicated in the tax declarations. The Service shall have and keep a record of the non-receipt of electronic notifications when the e-mail address used by the taxpayer to issue documents or that indicated in his/her declarations of Present tax failures or reception problems. The Service shall also maintain on its website and at the disposal of the taxpayer on its personal site a digital image of the notification and action taken. " 8. Add in Article 13 the following final point: " The Service may notify the taxpayer through its website that it does not attend or is not at the address or addresses declared, when, in the same process of audit, at least two unsuccessful notification attempts have been made, which shall be certified by the relevant Minister of Faith. For these purposes, between an attempt to notify and another must elapse at least 15 days. In such cases, the notification will be made through the taxpayer's personal website available on the Service's website and will comprise a digital image of the respective notification and performance. The Head of Office shall also provide, by means of a resolution, the publication of a summary of the action by a taxpayer or groups thereof. An extract of the resolution will be published in a national circulation journal and in paper format, indicating the respective tax role of the respective taxpayer, its name or social reason, the type and portfolio of performance, and the the electronic notification. In no case shall the revised values or items be indicated. It shall also be published on the website of the Service referred to in that resolution or an extract from it when it comprises groups of contributors. " 9. In Article 17: (a), the fourth indent is replaced by the following: " The Regional Director may authorise the replacement of books of accounts and their auxiliary records by loose sheets, written by hand or in other form, or by applications computer systems or technological systems, in consultation with the necessary guarantees for the protection of tax interests. Where the taxpayer chooses to carry his principal accounting books and auxiliary books in loose sheets or on the basis of computer applications or electronic means, his examination and audit may be carried out in accordance with the provisions of Article 60 (b) In the final paragraph, the words "authorize" and "authorize", the phrase "or have the obligation". 10. The following third, fourth and fifth, new points shall be added to Article 21: " The Service may, in respect of each taxpayer, carry one or more electronic files of the actions it carries out and the records provided by the The tax system is a major contributor. The taxpayer will be able to access this file through its personal website, available on the Service's website, and will be used in all administrative procedures related to the oversight and actions of the Service, It is unnecessary to require the taxpayer again to present the background that the electronic file already contains. In the sole judgment of the Service, the electronic file may be excluded from the electronic file, which may be classified as voluminous, and must always contain a summary or index to identify the actions taken and the background or documents provided. The electronic file may include a history of third parties, provided that they are of a public nature or that the reserve or secret duties established by law are not infringed, except that such third parties or their representatives expressly you have authorized it. Officials of the Service who access or use the information contained in the electronic files shall comply with the provisions of Article 35 of this Code, the Law on the Protection of Private Life, as well as other laws that establish the reservation or secrecy of the actions or antecedents in the electronic files. The records of the electronic files may be accompanied in a digital form and shall be awarded probative value in accordance with the general rules. " 11. Following Article 26, the following Article 26a: " Article 26a.-Taxpayers or persons obliged to pay taxes, having a personal and direct interest, may make consultations on the application of Articles 4 and 4. bis, 4º ter and 4º c to the acts, contracts, business or economic activities which, for such purposes, place in knowledge of the Service. The Service shall, by resolution, regulate the manner in which the consultation referred to in this Article is to be submitted, as well as the requirements to be met. The deadline for answering the consultation will be ninety days, counted from the receipt of all the necessary background for its proper resolution. The Service may require reports or opinions from other agencies, or request from the taxpayer the input of new records for the resolution of the consultation. The Service may, by way of resolution, extend the period of reply for up to 30 days. The time limit for answering without the Service has issued an answer shall be deemed to be rejected. The answer will have binding effect on the Service only in relation to the consultant and the case raised, and must expressly indicate whether the acts, contracts, business or economic activities on which the consultation was made, are or not which may be classified as abuse or simulation in accordance with Articles 4º, 4º and 4º. The answer will not force the Service when the history of fact or law in which it was founded varies. " 12. In Article 35, add the following final indent: " Without prejudice to the foregoing, the Service shall publish annually on its website, information and statistics relating to the total universe of contributors and to the compliance with the tax obligations, according to the information in their bases The data up to the previous year. The publication will include information on the total of declared profits, declared gross income, income tax on income tax, effective withdrawals, remittances or distribution of profits, accepted and rejected expenses, as well as the amount of income. tax refunds made. The publication referred to in this paragraph may not contain information which allows one or more other contributors to be identified. The Service shall determine by resolution the manner in which the provisions of this paragraph shall be complied with. " 13. In Article 59: (a) In the first subparagraph, remove the word 'fatal'. (b) In the third subparagraph, the following shall be added after the end point, which shall be followed: " No such time-limits shall be applied in the cases referred to in Articles 4 (a), 4 (b), 4 (c) and 4 (d), and Articles 41 G and 41 H of the law on income tax. "(c) Replace the final paragraph with the following:" Heads of office may order the audit of taxpayers or entities domiciled, resident or established in Chile, even if they are another judicial territory, where the latter have carried out transactions or transactions with parties These are currently being audited. The Head of Office who currently carries the audit shall communicate that order by means of a decision sent to the Head of Office of the jurisdiction of the other taxpayer or entity. Such communication shall be based on the audit of the other taxpayer or entity before the Head of Office who issued the order, for any legal effect, including the request for donations. Both the claim that the taxpayer initially audited and the one that the taxpayer or entity of the other jurisdictional territory interputs, must always be filed and dealt with before the corresponding Tax and Customs Court the jurisdiction of the Head of Office who issued the order of audit referred to in this paragraph. For the purposes of establishing whether there is a relationship between the taxpayer or entity initially subject to audit and those taxpayers or entities in the other jurisdiction, the rules of Article 41 E of the Tax Act shall be a la Renta. " 14. In Article 59a, the phrase 'a requirement in accordance with Article 59' shall be added after the comma following the rule '18.320'. 15. In Article 60: (a) Replace the first indent by the following: " Article 60.-In order to verify the accuracy of the statements or to obtain information, the Service may examine the inventories, balance sheets, books of accounts, documents of the taxpayer and loose sheets or technological systems which have been authorised or required, in accordance with the fourth and final points of Article 17, in all matters relating to the elements to be used as a basis for the determination of the tax or other items which appear or should be included in the declaration. For the purposes of the same purpose, the Service shall examine the books, documents, loose sheets or technological systems which replace them, of the persons required to retain a tax. The background requirement may be made by telephone or by the most expeditious route, without prejudice to the notification, in accordance with the general rules, of the request for a record to the taxpayer or his representative, indicating the consulted, the time allowed to provide the required information, which may not exceed one month from the date of dispatch of the notification. In any case, it must be stated that this is not a control procedure. If the required background is not delivered within the time limit, or if the documents delivered contain errors or are incomplete or inaccurate, the taxpayer may remedy such defects within the time limits set by the Director for the financial year. of the power referred to in this paragraph, without the effect of those provided for in Article 59. " (b) incorporate the following second indent, new, passing the current second, third, fourth, fifth, sixth, seventh, eighth and ninth points to be third, fourth, fifth, sixth, seventh, eighth, ninth and tenth, respectively: " Yes the time limits referred to in the preceding paragraph, the taxpayer would not give an answer or is incomplete, erroneous or extemporanea; this will only be considered as an additional antecedent in the process of selecting taxpayers for audit. Without prejudice to the foregoing, in order to establish whether there is a background to determine the provenance of a audit process, in the terms referred to in Article 59, the Service may require all information and documentation. (c) Add in the fifth indent, which became sixth, the following final sentence: " In the cases referred to in the fourth and final points of Article 17, the Service may carry out the examination of the accounts, books and documents which the taxpayer carries through such means. '; 16. Incorporate the following Article 60a, new: " Article 60a.-In the case of taxpayers authorised to replace their books of accounts and auxiliary records with written, hand-written loose sheets or in other form, or by means of technological systems, the fourth paragraph of Article 17, and in the cases of the final point of the same article, the Service may carry out the examinations referred to in the previous Article by accessing or connecting directly to the said technological systems; including those that allow the generation of books or auxiliary records printed on loose sheets. The Service may also exercise this power in order to verify, for exclusively tax purposes, the proper functioning of such technological systems, in order to prevent the manipulation or destruction of data necessary for check the correct determination of taxable bases, rebates, credits and taxes. For the exercise of this power, the Service shall notify the taxpayer, specifying the period in which the respective examinations will be carried out. The Service may require the taxpayer, its representative or the administrator of such technological systems, the access profiles or privileges necessary to access or connect to them. Once you access or connect, the official in charge of the audit will be able to examine the information, perform validations and execute any other logical or arithmetic operation necessary for the purposes of the audit. If the taxpayer, its representative or the administrator of the technological systems, enter or in any way interfere with the audit, the Service shall, by means of a resolution founded and with the merit of the records that it has in the its power, to declare that the information required is substantial and relevant for the audit, so that such information will not be admissible in a subsequent procedure of claim that incites in the same action of audit that gave origin to the requirement, in accordance with the provisions of Article 132 of this Code. The determination made by the Service may be contested together with the claim of the respective citation, liquidation, spin or resolution. The results of the processing and audit of the technological systems will consist of a foliated report signed by the officials who participated in the audit action, which will be part of the file that will be opened to the effect. A detailed record of the information accessed or copied or technologically audited systems shall be submitted to the taxpayer. The information copied shall be discarded at the end of the review, without prejudice to a summary of the processed information. The taxpayer shall be informed of the fact that electronic information has been discarded within the time limit set out in the resolution referred to in the following paragraph. The result of these computer audit activities shall be reported only in the form of a summons, settlement, rotation or resolution, as appropriate. The Director shall, by means of a decision, lay down the procedure, form and time limits for the exercise of that power. The rules of Article 35 shall apply to officials who participate in the proceedings in respect of the exercise of the power conferred in this Article, including officials who access, receive, process and administer the information collected or copied. For these purposes, the head of office shall order the officials to be identified in the respective files, who shall sign them by signing and individualizing the computer activities carried out. ". 17. Incorporate the following Article 60b, new: " Article 60b.-The Service may authorise or require the use of technological information systems enabling the due control of certain sectors of taxpayers or activities such as electronic gaming and betting, digital trade of all types, digital applications and services, which may lead, in the service of the Service, to a digital identification on paper or electronic means, as appropriate. For these purposes, the Ministry of Finance, by means of a general rule contained in a supreme decree, will establish the type of activities or sectors of taxpayers subject to the requirement to implement and use the aforementioned systems, which in No case may affect the normal development of the taxpayer's operations. The Service, in its exclusive judgment and individually, will establish by resolution founded the contributors subject to these requirements and the technological specifications (i) For such purposes, the Service shall notify the taxpayer of the initiation of a procedure to require the use of computer control systems at least two months in advance of the notification of the said resolution. Taxpayers shall have a period of six months from the date of notification of the decision to implement and use the respective system. The Service may, at the request of the taxpayer, extend the period for up to six months in qualified cases. In no case shall this power be exercised in respect of the taxpayers referred to in Articles 18b and 22 of the Law on Income Tax. Failure to comply with the obligation to use these systems or to prevent or enter the review of their correct use shall be sanctioned in accordance with Article 97 (6) of this Code. " 18. Incorporate the following Article 60c, new: " Article 60c.-The Regional Director may order the design and execution of any type of audit activity or technique from among those generally accepted, without affecting the normal development of the taxpayer's operations. In the exercise of this power, the Service may, in particular, carry out sampling activities and fixed points. For the purposes of this Article, audit techniques shall mean the procedures for auditing the correct compliance with the tax, principal and ancillary obligations of the taxpayer, verifying that the tax declarations are reliable expression of the transactions recorded in their books of accounts, as well as of supporting documentation and of all economic transactions carried out, and that the taxable bases, claims, exemptions, allowances, fees and taxes, are duly determined, with the object which, There are differences, where charges are levied and legal charges are levied. Sampling shall also mean the technique used for the selection of samples representative of the compliance with the tax obligations by certain taxpayers, and by fixed point, the staff of the staff of the Service of Taxes in the premises, whether declared or not, of the company or taxpayer, or in the areas immediately adjacent to those premises, or in warehouses or enclosures belonging to third parties used by those, carried out for the purpose of to observe or verify their tax compliance for a given time or for the purpose of perform a sampling activity. The official in charge of making the fixed point must submit a report to the company or taxpayer, including the fact that an activity of this nature has been carried out. The Service may use the results obtained to carry out the audit activities that correspond, provided that the audit, sampling or fixed point activities, as the case may be, meet the following requirements: on a continuous or discontinuous basis, within a maximum period of six calendar years counted from the date of the first audit, sampling or fixed point activity, as appropriate. To collect the seasonalities and hypotheses of force majeure or fortuitous case that could affect the results. To be related to the economic cycle or to the respective economic sector. The results obtained should be consistent with the results obtained in other audit activities or techniques, applied during the same review, including checks on electrical consumption, inputs, services, contributors or entities comparable or square, or certifications issued by technical entities recognized by the State. Where relevant differences are detected in respect of the registered, reported or reported by the taxpayer, the Service may, on the basis of the results of the audit activities or techniques, assess the taxable amount of the taxes that correspond, value the amount of the income and, in general, exercise all the powers of oversight provided by the law. In compliance with the requirements set out in the third paragraph of this article, the sample or result obtained shall be a precedent for settling and rotating the corresponding taxes, in accordance with the general rules. The methodology used, as well as the results of the audit activities or techniques referred to in this Article, shall be claimed by the taxpayer in conjunction with the settlement, resolution or spin that the Service practices on the basis of 19. " 19. Incorporate an article 60d of the following wording: " Article 60d.-Producers, manufacturers, importers, processors, packers, distributors and traders of goods affected by specific taxes, which the Service of Internal taxes determined by resolution, must incorporate or apply to such goods or products, their packaging, packages or wrappers, a marking system consisting of a stamp, mark, stamp, label, girdle or other distinctive element, as a control measure and a safeguard of the tax interest. Electronic information for traceability originating in the marking system referred to above shall be provided to the Service by means of the computer systems available to it in accordance with this Article. The taxpayer shall have a period of six months, counted from the publication or notification of the resolution referred to, to implement and implement the respective system. The time limit may be extended at the request of the respective taxpayer for a further three months from the original deadline. The resolution of the Internal Revenue Service determined by the taxpayers affected by this obligation, as well as the extension for the implementation and implementation of the system, must be notified within ten days to the National Service. of Customs, for their due registration and audit. A regulation issued by the Ministry of Finance shall establish the technical characteristics and specifications, requirements, form of operation and procurement mechanisms for the marking systems of goods or products, as well as requirements to be met by distinctive elements, equipment, machines or devices, which may be manufactured, incorporated, installed or applied, as appropriate, by undertakings which comply with the requirements laid down therein. Such undertakings or their staff may not, in any way, disclose data relating to the operations of the taxpayer to which they take knowledge, nor shall they permit them, their copies, or the papers in which they contain a background of such information. known by someone outside the Internal Revenue Service. The infringement of the foregoing will authorize the affected person to pursue the civil and criminal responsibilities before the competent courts. Taxpayers who incur disbursements directly related to the implementation and application of the marking systems of goods or products that this article deals with, will be entitled to deduct them as credit against their payments. compulsory provisional income tax, corresponding to the income of the month in which the payment was made. The remainder which will result, as a result of being lower than the mandatory provisional payment or because there is no obligation to make it in that period, may be charged to any other withholding tax or surcharge to be paid on the same date. The balance which will remain after the above mentioned charges may be reduced from the same taxes in the following months, adjusted in the manner prescribed in Article 27 of Decree Law No 825 of 1974. The balance or remainder which shall be left, once the deductions have been made in the month of December of each year, or the last month in the case of a term of rotation, as the case may be, shall be of the provisional payment of those referred to in Article 88 of the the law on income tax, contained in Article 1 of Decree Law No. 824 of 1974. The products or articles taxed in accordance with the respective laws may not be removed from the customs warehouse premises or from the premises or private premises for the deposit of goods authorised by the Director of Customs in accordance with Article 109 of the Customs Ordinance, or of the factories, warehouses or warehouses, without the taxpayers concerned having complied with the obligation laid down in this Article. In the event of non-compliance, such goods shall be deemed to have been sold or illegally imported, in the latter case in the offence of smuggling provided for in Article 168 of the Customs Ordinance, unless there is evidence of paid the tax in question, before the notification of the infringement. Taxpayers who do not comply with the obligation set out in the first subparagraph shall be fined up to 100 annual tax units. Where the infringement is detected, without prejudice to the notification of the complaint, a period of not less than two months and no more than six months shall be granted administratively for the purpose of remedying the non-compliance; if the correction is not made within the time limit, a new infringement shall be notified in accordance with this subparagraph. The application of the respective penalties shall be in accordance with the procedure laid down in Article 165 (2). Malicious adulteration in any form of the products or inventories, or of the information in respect of those provided to the Internal Revenue Service, in order to determine a lower tax to which it corresponds, will be (a) to be sanctioned in accordance with the first subparagraph of Article 97 (4). In case of detection in a process of audit species of those regulated in this Article which do not have any of the distinguishing elements referred to in the first subparagraph, shall apply the sanction laid down in the sixth indent and the comiso of the goods or products. The seizure of the species will be carried out by officials of the Internal Revenue Service at the time of the surprise of the infringement, and must send them to the nearest fiscal precinct for their custody and conservation. The vehicle or means used to commit the offence provided for in the preceding subparagraph shall not be continued to the place of destination until the seizure of the goods or products concerned is made. In order to implement the measures referred to in the preceding subparagraph, the provisions of Article 97 (17), final indent, shall apply. In respect of goods or products seized or seized in accordance with this law, they shall apply as soon as the rules laid down in Title VIII of Book II of the Customs Ordinance, contained in the decree with force, are compatible. Law No 213 of 1953, the text of which was fixed by the decree with force of Law No 30, 2005, of the Ministry of Finance. " 20. Replace, in the first sentence of Article 68 (1), the words "(a) and (b)" with "point (a)", and interleave, following the words "of Articles 20," the following: " contributors to Article 34 who are owners or uses agricultural real estate, " 21. In Article 69: (a) In the fourth indent, the following point shall be added after the end point: " This notice must also be given in the case of capital decreases or shares of investment funds or general assets of (b) The following fifth, sixth and seventh, new points are inserted: " If the Service has a history of making it possible to establish that a person, entity or group without legal personality, has terminated its rotation or ceased its activities without having given the respective notice, on the basis of a summons made in accordance with the provisions of the Article 63 of the Tax Code, may liquidate and rotate the corresponding taxes, in the same way as it would have done if the person, entity or group has completed its commercial or industrial turn, or its activities, as provided in the first subparagraph. In such cases, the periods of limitation of Article 200 shall be deemed to have been increased in one year from the date of the legal notification of the said summons, in respect of the undertaking, community, property of affectation or of the respective company, and of their owners, community members, contributors, partners or shareholders. The exercise of the right referred to in the fifth subparagraph shall take place in particular in cases where the persons and entities or groups concerned are obliged to submit monthly or annual tax or other declarations. compulsory declaration to the Service, does not comply with that obligation or, in compliance with it, does not declare income, operations affected, exempt or not taxed for a period of eighteen months in a row, or two tax years consecutive, respectively. This rule shall also apply where, in the period or consecutive tax years, there are no other elements or antecedents to conclude that it continues with the development of the rotation of its activities. " 22. Incorporate the following Article 84a: " Article 84a.-The Superintendency of Securities and Insurance and that of Banks and Financial Institutions shall transmit by electronic means or other technological systems, to the Service, in May of each year, the information indicating the financial statements that have been delivered to them by the entities subject to oversight or subject to the obligation to provide information. It shall also send those financial statements which have subsequently been amended or those produced on the occasion of the cessation of activities of the undertaking or entity concerned. The same obligation shall be subject to the other audit entities known to those financial statements. The Chilean Commission of the Copper, the National Service of Geology and Mining and the Conservators of Mines will send, in the form and time limit of the Service, the information on the constitution, transfer and closure of belongings, on works of development and construction, income and mining costs, among other antecedents, including those referred to in the final article 2 ° of Decree Law No. 1,349 of 1976. They shall also be required to submit the information requested by the Service, the conservatives or registered entities that receive or record a history of water rights, fishing rights or permits, exploitation of forests and wells. oil. In such cases, the Service shall make available to those who are required to report, an electronic procedure to be used for the submission of the information. The Director of the Service shall, by resolution, issue the instructions for the exercise of this power. " 23. In the second indent of Article 85: (a) Add, following the expression "Law No 18.010," the phrase "and the administrators of technological systems or information holders, as appropriate," b) Add, following the word "grant" the phrase " as well as of transactions paid or charged by means of technology, such as credit and debit cards, "c) Replace final sentence by the following:" In case any information may be requested on acquisitions made by a natural person through the use of credit or debit cards or other means 24. In Article 88, incorporate the following fourth, new, and fourth indent, the fourth to be fifth, and so on: " Also, the Directorate may require the issuance of special invoices or special ballots on different means of the paper, in the form it establishes by resolution. " 25. In Article 97: (a) In the 6th, the following second and third subparagraphs are added: " The person who fails to comply or is obliged to implement and use information technology systems in accordance with Article 60b, with a fine of 10 annual tax units to 100 tax units per year, with a limit equivalent to 10% of the tax capital or 15% of the capital. Taxpayers authorized to replace their books with loose sheets taken in a computational manner and those authorized to carry their inventories, balance sheets, books or accounting records or auxiliaries and any other document of a character taxation by means of computer applications, electronic means or other technological systems, which enter, prevent or interfere in any way the audit exercised in accordance with the law, with an equivalent fine of 1 annual tax unit 100 annual tax units, with a limit equivalent to 5% of own capital (b) In number 20, the following point shall be added: "The same fine shall apply where the taxpayer has deducted the costs or has made use of the credit." (b) Tax on vehicles and those incurred in supermarkets and similar shops, as referred to in Article 31 of the Law on Income Tax, without complying with the requirements laid down by that provision. " 26. Incorporate the following Article 100a: " Article 100a.-The natural or legal person in respect of who is accredited to have designed or planned the acts, contracts or business constituting abuse or simulation, as provided for in the Articles 4 (b), 4 (c), 4 (d) and 160 (a) of this Code shall be subject to a fine of up to 100% of all taxes which should have been made available to tax authorities, not to mediate such improper conduct, and to be determined by taxpayer. However, the fine may not exceed 100 annual tax units. For these purposes, if the offence has been committed by a legal person, the penalty indicated shall be applied to its directors or legal representatives if they have infringed their management and supervision duties. For the purposes of this Article, the Service may only apply the fine referred to in the preceding paragraphs where, in the event of a claim against the respective liquidation, rotation or judgment, it shall be is resolved by a firm and enforceable judgment, or when no claim has been deducted and the time limits for doing so are defeated. The prescription of the action to pursue this pecuniary penalty shall be six years from the expiry of the period for declaring and paying the tax evaded. "27) It shall incorporate the following Article 119:" Article 119.-It shall be competent to be aware of the declaration of abuse or simulation provided for in Article 4d and of the determination and application of the fine referred to in Article 100a, the Tax and Customs Court in the territory of which it has jurisdiction his domicile the taxpayer. In the case of legal persons, legal persons shall be deemed to be the domicile of the parent. "28. In Title III of the Third Book, following Article 160, the following heading:" Paragraph 4 the procedure for a judicial declaration of the existence of abuse or simulation and of the determination of the respective liability. " 29. Add the following Article 160a: " Article 160a.-The Director shall request the declaration of abuse or simulation referred to in Article 4d and, where appropriate, the ap (a) the fine laid down in Article 100a before the Court of Taxation and the competent customs authorities, on the basis of the facts and the right to which the tax is based, and which permit the determination of the taxes; penalties and fines for the judicial declaration referred to in this Article. The request of the Service shall be made to the taxpayer and to any person responsible for the design or planning of the acts, contracts or businesses that may constitute abuse or simulation, for the term of ninety days. Its defence shall contain a clear statement of the facts and grounds of law on which it bases its opposition to the declaration of abuse or simulation or, where appropriate, responsibility for the design or planning of the acts, contracts or business of abuse or simulation. If the time limit for the removal of the transfer has been completed, the taxpayer or the person liable may not be answered, the Court shall give the parties a hearing to be determined on the seventh day and not beyond the fifteenth day, counted from the date of of the notification of such a summons, with the purpose of exposing the points raised both in the application and in the defence, if any. In case the taxpayer or the possible person responsible provides in this hearing a new background to which the Service has not had prior access, it shall be given a period of 15 days to issue the relevant disclaimers. After the last period referred to in the preceding paragraph, and in so far as there is controversy over a substantial and relevant fact, the Court shall open a probative term for a period of 20 days. Contrary to the resolution setting out the points on which the test must be carried out, only the replacement action shall take place within a period of five days. After the end of the probative period, the parties shall be given a period of five days to make representations to the test, after which the Court shall decide within 20 days. The Court shall appraise the evidence in accordance with the rules of sound criticism and shall establish its decision taking into account the economic nature of the taxable facts as laid down in Article 4 (a). Contrary to the judgment delivered on the application, the appeal, which must be brought within a period of 15 days from the respective notification, shall be granted for both purposes. The appeal will be dealt with, unless either party, within the five-day period counted from the entry of the cars at the Court of Appeals Secretariat, requests pleadings. Contrary to the judgment of the Court of Appeal, the appeal shall be brought to the merits or form. Settlement, rotation, resolution or fine, issued in compliance with the final judgment given in the proceedings declaring the existence of the abuse or the simulation or the responsibility for the design or planning of the acts, contracts or Business of abuse or simulation, they will not be susceptible of any claim. Disputes arising in respect of the judgment shall be dealt with in an incidental manner by the Court which issued it. As far as the nature of the processing so permits, the other rules contained in Title II of this Book shall apply as soon as the nature of the processing so permits. " 30) Intercalase, in Article 165, a new number 3 °, passing the current Numbers 3 °, 4 °, 5 °, 6 °, 7 °, 8 ° and 9 ° to be numbers 4 °, 5 °, 6 °, 7 °, 8 °, 9 ° and 10, respectively: " 3 °. Notified of the infringement or change, as the case may be, the taxpayers covered by Article 14b of the law on income tax may, for a single time, request the replacement of the respective fine for the compulsory participation of the the taxpayer or its representative to training programs in tax matters imparted by the Service in a face-to-face or remote manner. Only the provisions of this number may be requested in respect of the fines referred to in Article 97 (1), first subparagraph, 2 °, 3 °, 15, 19 and 21. The replacement application must be submitted within the time limit of the claim referred to in the following number 4, by identifying the persons who will participate in the training programmes. Authorized by the Service to replace the fine in accordance with the foregoing, if the obligation to provide assistance and approval of the training programmes referred to in this issue is not met, or if, the same conduct that motivated the infringement or spin, the fine originally replaced, increased by up to 25%, will be applied again. The time limits laid down in Articles 200 and 201 shall be suspended for the period referred to in this Article. " 31. In Article 169, replace the final indent by the following: " Without prejudice to the foregoing paragraph, the Treasurer General of the Republic may, by internal resolution, order the exclusion of the executive procedure to which he refers This Title of taxpayers who, whether or not they are in demand, have tax delinquent debts, the value of which for each form, rotation or order, does not exceed 2 UTM in force at the date of the said resolution. " 32. In Article 171: (a) In the first indent, the following point shall be added: " In the case of the territorial tax, the Treasury may also determine the most appropriate postal undertaking for the office of the said letter. The address indicated in the fourth paragraph of this Article shall also be the case for sending the address. For the purposes of validly notifying any other resolution of a relapse in this procedure which is not expressly assigned to another form of notification, it may be used as an appropriate means for that purpose, the sending of a registered letter or an e-mail the account that the taxpayer has registered with the Internal Revenue Service, which must be recorded in the case, by means of certification of the tax collector. " (b) In the fourth indent incorporated, prior to the separate point, the following: ", at the last address to which the taxpayer has registered with the Internal Revenue Service ". 33. In the second paragraph of Article 185, the initial sentence is replaced by the following: " The notices referred to in Article 489 of the Code of Civil Procedure will be reduced in these trials to two publications in a newspaper that has circulation with a national scope, regardless of whether their support is electronic or digital, or in a newspaper of the largest circulation in the province, or of the capital of the region if there is no such support. " 34. In Article 192, replace the first and second subsections with the following: " Article 192.-The Treasury Department may grant facilities for up to two years, in periodic instalments, for the payment of the taxes due, the right to exercise by means of rules or criteria of general application which the General Treasurer shall determine by resolution. The General Treasurer may be entitled to write all or part of the interest and penalties for the payment of taxes subject to administrative and judicial charges, by means of objective criteria or criteria and of general application, which shall be determine by that Service. ' 35. Replace Article 195 by the following: " Article 195.-Public and private institutions, banks, financial institutions, pension fund managers or other persons and entities, who maintain information that may contribute to the clarification and control of the collection or of the rights that the Fiscus will assert in judgment, must provide in due time the documentation and information requested to them, without prejudice to the provisions of the law N ° 19,628, on the Protection of the Private Life, and the provisions of Article 154 of the General Law of Banks, on secrecy ". Article 11.-Introduces in the decree with force of law N ° 30, 2005, of the Ministry of Finance, which approves the recast, coordinated and systematized text of the decree with force of law N ° 213, of 1953, of the same ministry, on Ordinance of Customs, the following amendments: 1. In Article 7, the following amendments shall be inserted: (a) Replace the word "magnetic" with "electronic" in its first indent. (b) Incorporate the following second and third points: " The Director of the Customs Office may authorise those who carry out customs operations on behalf of third parties and those who are subject to their disciplinary jurisdiction in accordance with the Article 202 of this Law, to carry out the presentation of a background, documents and their preservation, as well as, in general, the fulfillment of any procedures before the Service, through electronic means. Electronic copies obtained from the records of the National Customs Service of the documents or records presented in accordance with the provisions of the foregoing paragraph shall be authentic. Copies of the documents which have served as a basis for the preparation of the customs declarations submitted by the customs agents, in their capacity as ministers of faith, shall also be authentic. ' (a) Substitute the second and third subparagraphs, for the following purposes: " For the purposes of the requirement referred to in the preceding paragraph, Customs shall notify the importer in writing, stating clearly the doubts (i) the fact that I have the background to which I have been based. Once notified, the importer will have a reasonable period of time, which may not be less than 15 working days counted from the notification of the observation and requirement, in order to deliver the requested information, to make disclaimers if it considers it appropriate and to attach any other antecedents which it creates necessary for the purpose of crediting the total value of the declared amount. This period may be extended on a reasoned request, lodged with at least three days in advance of the original deadline. "(b) The following fourth and fifth subparagraphs shall be inserted:" If, as a result of the procedure to be refer to the earlier cases Customs estimate to issue charges for alleged difference of customs duties, it shall have a period of sixty days to issue and notify it, counted from the reply of the importer or since the the time limit for making it, as the case may be. The required notification must be made by registered letter addressed to the address indicated in the corresponding customs destination, expressly stating the criterion assumed for the determination of the respective value. Against the decision referred to in the foregoing paragraph, an administrative replacement shall be made, in accordance with Article 121 of this Law, without prejudice to the judicial remedies which may have been obtained. " 3. Following Article 70, the following Article 70a: " Article 70a.-In the case of exports under a non-firm selling mode, the definitive value of the export shall be reported to the National Service of Customs in the form, time limits and conditions to be determined by the Service. " 4. In Article 168, I incorporated the following fourth indent, new, passing the current fourth one, to be the fifth indent: "Also, in the crime of smuggling, I shall also take into account the fact that I extract goods from the country by non-authorized places or without presenting them to the Customs Office." 5. In Article 169, the following third indent is added: " It shall also be punishable by the same penalty as indicated in previous points, to those consigned from goods leaving the country, who produce false, adulterated or false documents. (a) to serve as a basis for the preparation of the declarations, with the classification or value of the goods being determined through them. " 6. The following point (o) is incorporated in Article 176: " (o) The non-filing or the temporary submission to the Customs Office of the document which accounts for the definitive value of the export, in accordance with the time limit laid down in accordance with the provisions of the Article 70 bis of this Ordinance, with a fine of up to 2% of the customs value of the goods. In the event of a recidivism, a fine of up to 10% of that value may be applied. ' 7. Replace Article 177 by the following: " Article 177.-The Customs Office shall not make any complaint to the person who incurs a customs breach of the provisions referred to in Articles 173, 174, 175 and 176, provided that the fact is knowledge before any audit procedure and the corresponding customs duties shall be paid. " 8. Replace the first sentence of the third indent of Article 178 by the following: " It shall not be possible to apply exclusively pecuniary penalty for the repeat of these offences in the case of the number (1) of this Article, nor in the case of goods. (a) it affects special or additional taxation, in both cases the application of the penalty set out in the numeral, increased to a degree. '; Article 12-Incorporation in Section 0 of the Customs Tariff, contained in Decree No. 1,148, of the Ministry of Finance, 2011, the following Item: " 0.36. Goods imported by the Fire Corps and the National Board of Fire Bodies of Chile, as provided for in Article 1 of Law No 20,564, which correspond to parts, parts, parts and accessories for maintenance, preservation, repair and improvement of vehicles referred to in subheading 8705.30, and materials, tools, apparatus, tools, articles or equipment for fire fighting and direct attention to other emergencies caused by the fire nature or the human being, such as traffic accidents or other analogues. This item shall be applied after qualification of the National Board of Fire Bodies of Chile, which shall issue a certificate to be submitted at the time of the processing of the import. " Article 13.-Incorporation, in article 14 of the decree with force of law No. 1, of the Ministry of Mining, of 1987, which fixes the recast, coordinated and systematized text of Decree Law No. 1,349, of 1976, which is created by the Chilean Commission of the Copper, the The following second indent, new, passing the current second, third, fourth and fifth points, to be third, fourth, fifth and sixth, respectively: " The provisions of the preceding paragraph shall also be applicable for non-income or income temporary or incomplete of the essential terms of the contracts giving rise to the exports of copper and its by-products, and its modifications, in the Mining Export System of the Chilean Copper Commission. " Article 14.-Incorporation in Decree Law No 3,538 of 1980, which creates the Superintendence of Securities and Insurance, the following Article 3 (a): " Article 3 (a).-Without prejudice to the provisions of the preceding article, the Superintendence shall collaborate with the Internal Revenue Service in its role as the tax enforcement watchdog. For this purpose, it shall be for all undertakings subject to supervision of the Superintendency to implement a reorganisation of assets or functions, including the merger, division, transformation, liquidation, creation or total contribution of assets. and liabilities of one or more companies, must be brought to their attention. (b) In the minutes of the Board of Directors of such undertakings, in cases where such an instance is provided, detailed information shall be given of whether, in the relevant period, some of the operations referred to in the preceding subparagraph have been agreed or if the has been the subject of oversight by the Internal Revenue Service. It shall also be recorded in the minutes of the respective resolution or report, in the case that it has been issued in writing by that Service. (c) In the notes to the financial statements of the companies referred to in this Article, detailed information shall be given of any disputes of a tax nature that may reasonably and materially affect some of the reported items. " Article 15.-Amend article 1 of the decree with force of law No. 1, 2004, of the Ministry of Finance, which fixes the staff plants of the Internal Revenue Service and the respective requirements for income and promotion, of the following Form: (a) In the "Directives" plant, create two positions of Head of Department Subdirections, grade 2. b) Following the position of "Metropolitan Regional Director Santiago Norte", I created a position of Metropolitan Regional Director of Zone, grade 4. Article 16.-Attaché, in Article 3 of the Organic Law of the Internal Revenue Service, the text of which is fixed by the first article of the decree with force of law No. 7, of the Ministry of Finance, of 1980, a second of the " One of the sub-addresses will have as its main object the development of policies and special programmes aimed at providing support, information and assistance to smaller firms as referred to in Law No 20416, and to others. In the case of the Commission, the Commission has been in a position to make a decision on the income, in order to facilitate their tax compliance. " Article 17.-Introduces, as from 1 January 2017, the following amendments: 1) Substitute Articles 81, 82 and 86 of Law No 20,712 by the following: " Article 81.-Tax treatment for Mutual Funds and Mutual Funds. Mutual funds, mutual funds and their managers shall be subject only to the tax regime established in this law in respect of the profits, income or amounts obtained by the fund's investments. 1) Mutual funds and mutual funds shall not be considered as tax payers of the first class tax on Income Tax, without prejudice to obligations affecting their management company and established in this Article. (2) In respect of investments made by the Funds in undertakings, communities or companies subject to the provisions of Article 14 (A) or (B) of the Law on Income Tax, or in other funds, the managing company shall carry out the records set out below and observe the following rules: (a) Registration of third-party attributed income. The income or amounts allocated to the fund shall be entered in this register, in accordance with Articles 14, 14 (a), 17 (7) and 38a of the Law on Income Tax, by other undertakings, communities, companies or funds in which it maintains investments. Such amounts shall in turn be attributed to their own contributions, with the right to the credit provided for in Articles 56 (3) and 63 of that law. The funds may agree, in accordance with their rules of procedure, to carry out at the end of each marketing year a 10% withholding tax on the total of the income to be allocated in accordance with the rules laid down in the respective financial year. the taxpayers referred to in Article 82 (B) below. The foregoing is without prejudice to the right of the fund to recover or to provide for the amounts withheld or to be withheld from the dividends or actual distributions made to the contributors of the article mentioned in the preceding paragraph correspo ndiere to pay the tax. The allocation of these rents shall be made to all the contributors, in the same proportion as the shares each of them holds on the equity of the fund, at the end of the respective commercial year, without prejudice to the Regulation The Fund's internal rules establish another criterion for allocation. (b) Registration of income received, charged to the register set out in point (a) of Article 14 (4) (A) of the Law on Income Tax. Withdrawals and dividends collected by the fund shall be recorded in this register, where they have been charged by the undertaking, community or company concerned, with the income or amounts entered in the register set out in point (a) Article 14 (4)-Article 14 (A) of the Law on Income Tax. In the same way, the amounts received from another fund and which have been charged to the register indicated in this letter must be recorded. (c) Registration of exempt income and non-income income. Withdrawals or dividends received shall be recorded at the end of the trading year, corresponding to income exempt from supplementary or supplementary global taxes and non-income income. (d) Cumulative credit balance. It shall carry the control and registration of the credit for the first class tax established by Articles 56 (3) and 63 of the Law on Income Tax, to which its contributions shall be entitled to the profits or profits affected by the additional or additional global taxes which the fund distributes, without prejudice to Article 82 (B) (B), The cumulative amount of credit shall correspond to the sum of the amount of credit for tax of the first category corresponding to withdrawals, dividends or participations affected by supplementary or supplementary global taxes, which it receives from other companies, communities or companies subject to the provisions of Article 14 (A) and/or (B) of the Act on Income Tax, or from other funds. For these purposes, it shall keep the control separately from those claims subject to the refund referred to in Articles 56 number 3 and 63 of that law, as well as that part of the claim which does not entitle the refund. The fund must incorporate as part of the accumulated credit balance, the taxes paid abroad determined according to the provisions of Articles 41 A and C of the Law on Income Tax. (e) Registration of distributions from the fund: the amount of profits or profits distributed to the contributors during the financial year shall be recorded, adjusted according to the variation of the consumer price index between the month that precedes the distribution and the month before the end of the financial year. f) Special register of foreign source income. For the purposes of Article 82 (B) (b) (iii) of this law, funds which comply with the requirements laid down in that rule must keep a register for the control of the income or the quantities of the proceeds from which the the investments referred to in that standard. (3) The allocation of any sum resulting from the profits generated by the fund, including that which is effected by the decrease in the value of the share not charged to the capital, shall be subject to additional or additional global taxes, unless correspond to exempt income, non-equity income, or return of capital and its readjustments. This allocation shall be charged to the amounts held by the fund at the end of the preceding financial year, starting with those entered in the previous edition (b) of the preceding number, and then the amounts concerned with the total taxes supplementary or supplementary, and finally those recorded in the register referred to in point (c), starting with the exempt income and then the non-income income. However, profits or profits distributed by funds which have investments abroad, in accordance with Article 82 (B) (b) (iii), shall be charged in the first place to the income or quantities entered in the the register set out in point (f) of the preceding number (2). The sum of the income or amounts affected by the additional or additional global taxes held by the fund shall correspond to the amount to be determined annually, at the end of the commercial year concerned, as the difference resulting from subtracting the positive value of the Financial Net Heritage; the positive amount of the sums recorded in the records set out in (b), and (c) of the previous number 2) and the value of the capital actually contributed to the fund, plus its increases and less (a) a reduction in the rate of the consumer price index between the the month preceding the month in which the contribution is made, increase or decrease and the month before the end of the financial year. The profits or profits distributed by the fund shall be attributed to the records and quantities indicated, in the opportunity and in the chronological order in which they are made. For this purpose, the original balance of those records and amounts shall be considered as the initial balance, the remaining amounts from the previous financial year, adjusted in accordance with the change in the price index to the consumer between the month preceding the year. the term of that financial year and the month preceding the date of distribution or distribution. Without prejudice to the foregoing in respect of orders for the allocation and calculation of sums or amounts affected by supplementary or supplementary global taxes which the fund maintains, only for the purposes of determining the credit corresponding to the to the distributed profits or profits, the provisions of Article 14 (B) of the Law on Income Tax (4) shall apply, in so far as is relevant, to the provisions of Article 14 (B) of the Law on the Merger or Transformation of Funds, the Fund (a) the absorber which is born on the occasion of the merger or the resulting one must also maintain control of the amounts recorded in the records referred to in the preceding number (2). In the case of the division of funds, these amounts shall be allocated as the financial net worth of the divided fund is distributed, keeping the register in each fund. The subsequent allocation of these quantities shall be subject to the same tax treatment. 5) The administrator will be responsible for obtaining a single Tax Role number for each of the funds he manages, accompanying the internal rules of each of these. This shall be carried out in the form and time limit to be determined by the Service by resolution. 6. The tax treatment provided for in Article 21 of the Law on Income Tax, as appropriate, but only on the following disbursements, operations or amounts, shall be applicable to the funds representative of these: i) Those disbursements that are not necessary for the development of the activities and investments that the law allows to make to the fund. (ii) Loans to be made by investment funds to their contributing contributors to additional or additional global taxes. (iii) the use or enjoyment of any title, or without any title, that benefits one or more contributors, additional or additional global taxes, of the assets of the fund. (iv) the delivery of goods from the fund to guarantee direct or indirect obligations of the contributing contributors of the supplementary or additional global taxes. (v) differences in value to be determined by application of the power of assessment exercised in accordance with the provisions of the following number 7. In the case of disbursements, amounts or operations referred to in the preceding numerals (i) and (v), the tax referred to in Article 21 (1) shall be paid, which shall be the responsibility of the administrator, without prejudice to her right to repeat against the respective fund, unless in the case of items in the numeral (i), the disbursements have benefited one or more contributors of the additional or additional global taxes, in which case the provisions of the the following paragraph. Where the disbursements or operations referred to in the preceding numerals (ii), (iii) and (iv) have benefited one or more contributors of the supplementary or additional global taxes, only the provisions of the third subparagraph shall apply. Article 21 of the Law on Income Tax, with such contributions being those responsible for the payment of the tax that is available to it, and not the administrator. Such amounts shall be understood to have benefited a person who has benefited from his spouse, his or her children not legally emancipated or any other person or entity connected with that person, except for the spouse or relatives up to the second degree. for the persons referred to in point (c) of Article 100 of Law No 18,045. Where such amounts benefit two or more contributors simultaneously and it is not possible to determine the amount of the benefit corresponding to each of them, they shall be affected by the tax indicated in proportion to the value of the quotas which Each one of them. (7) The Internal Revenue Service may provide the right to exercise the right of assessment provided for in Articles 17, number 8, fourth indent, of the Law on Income Tax and 64 of the Tax Code, in respect of the assigned values in the (a) the following transactions, where they are significantly higher or lower, as appropriate, to the current value in place or those that are normally levied at conventions of a similar nature, considering the circumstances in which the operation: (i) enajenacio (a) of the assets of the fund made to its contributors or to third parties and the distribution of amounts to its contributions made in kind, on the occasion of the redemption of the shares of a fund, the reduction of its capital, including that which is effected by means of the a reduction in the value of the fund's share, or in payment of dividends, and (ii) in-kind contributions made to the funds or disposal of assets or assets to those funds, in which case the differences in value determined to the contributor or enajenant shall be affected with the taxes of the Law on Income Tax that are applicable to the respective operation. The power to assess in cases of division or merger of funds shall not be exercised, without prejudice to Articles 4 (a), 4 (b), 4 (c), 4 (d) and 160 (a) of the Tax Code, and the value of the tax shall be maintained for tax purposes. assets and liabilities prior to such operations in the merged or split funds. 8) The funds will also be applicable to the rules contained in Article 41 F of the Law on Income Tax, as well as all those contained in that law for the application of these rules. 9) The managing company shall be responsible for practicing and paying the withholding taxes corresponding to the operations of the fund, in accordance with Articles 74 and 79 of the Law on Income Tax. 10) Managers shall report annually to the Internal Revenue Service, for each Fund it administers, in the form and time limit determined by resolution: (a) the income or quantities, which they attribute to the contributors, in accordance with the provisions of the preceding number (2), as well as the criteria for this purpose, and must apply the provisions referred to in Article 14 (A) (6) (a); of the Law on Income Tax, and inform the Internal Revenue Service of the criteria adopted. (b) the amount of the distributions it makes, including the amount to be carried out by means of the decrease in the share value of the fund not charged to the capital, and the return of capital, with the indication of the beneficiaries of those amounts, the date in which they were carried out and the registration to which they were charged. (c) the remainder of the preceding financial year, the increases and decreases in the financial year, and the final balance to be determined for the records referred to in the preceding number (2). (d) the details of the determination of the annual amount of the sums affected by the supplementary or additional global taxes, as provided for in the second subparagraph of the preceding number (3). e) Individualization of the contributors, with an indication of their name or social reason and the Single Tax Role, the amount of their contributions, the number of shares and percentage of participation that corresponds to them in the fund's assets, investment payroll, (a) the amount of the contribution to be made in the respective financial year. The administrator shall also be obliged to inform and certify to her contributors, in the form and time limit established by the Internal Revenue Service by resolution, the amount of the income or amounts attributed to or distributed to her, as well as the credit established in Articles 56 (3) and 63 of the Law on Income Tax, which corresponds to them. The delay or omission in the delivery of the information indicated in this number shall be sanctioned in accordance with the requirements of Article 97, number 1, of the Tax Code. As not provided for in this article, all the provisions of the Law on Income Tax and the Tax Code relating to the determination, declaration and payment of taxes, as well as the penalties for non-income tax, will apply. (a) a declaration or a timely payment of the taxes in question or the failure to submit the affidavits or reports to be submitted, applying to the effect of the complaint procedure referred to in Article 165 of the Tax Code. Article 82-Tax treatment for the contributors. Without prejudice to Articles 57, 104, 107, 108 and 109 of the Law on Income Tax, the contributions from Mutual Funds and Mutual Funds shall be governed by the following rules: The allocation of any amount from the investments of a mutual fund or investment fund, including the investment made by the decrease in the value of the non-equity fund, shall be considered as a dividend of shares of public limited liability companies incorporated in the country the provisions of Article 14 of the Law on Income Tax. A) Taxpayers with domicile or residence in Chile. (a) The income which is attributed in accordance with the provisions of Article 2 (2) of the preceding Article, to a taxpayer of the supplementary global tax, shall be affected by the said tax, with the right to the credit provided for in Articles 56 3) and 63 of the law on Income Tax, according to the rules laid down in Article 14 (A) of the same law. (b) the profits or profits distributed by the fund, charged to the amounts entered in the records referred to in points (b) and (c) of the preceding Article, shall not be affected by any tax, in any event those made from income exempt from the supplementary global tax, for the purposes of the progressiveness established in Article 54 of the Law on Income Tax. (c) the profits or profits distributed which are imputed to income or amounts affected by the supplementary global tax, with the right to deduct the credit provided for in Article 56 (3), in accordance with the provisions of Article 56 (3) of the Treaty; previous article. (d) The disposal or redemption of the Fund's shares. The shares of the funds and their disposal or redemption, where this does not occur on the occasion of the liquidation of the fund, including the rescue in which part of the shares are acquired by the same fund on the occasion of a decrease in capital, will have the same tax treatment as the law on income tax for the disposal of shares of public limited companies incorporated in the country. In the case of the full or partial return of the capital contributed to the fund and its readjustments, or its redemption on the occasion of the settlement of the fund, it shall not be affected by a supplementary Global tax and those transactions shall be subject to the order of allocation. Article 17 (7) of the Law on Income Tax, in conjunction with Article 14 (B) of the same law. The higher value obtained in the disposal or redemption of the shares of the fund corresponds to the difference between the value of the acquisition of the quota and the value of disposal or redemption of the quota, determined in accordance with the Articles 108 and 109 of the Law on Income Tax, as appropriate. Taxpayers who are not required to declare their income effective according to complete accounting will be exempt from the First Category Tax on Income Tax, on the highest value they obtain in the (i) the disposal or redemption of the fund shares, being considered as an income of Article 20 (2) of the same. B) Taxpayers without domicile or residence in Chile. (i) the remittance, distribution, payment, crediting or making available of the amounts affected to the additional tax from the investments of a fund to these taxpayers, including the one made by the decrease in the value of the quota of the fund not charged to the capital, shall be subject to a single income tax of 10%, without the right to the credit provided for in Article 63 of the Law on Income Tax, which shall also be reduced from the register set out in point (d) (2) of the preceding Article. However, in the case of the distribution of dividends, where these correspond to the items listed in the records (b) and (c) of the preceding Article, they shall be released from the said tax. In the case of the total or partial repayment of the capital contributed to the fund and its readjustments, or its redemption on the occasion of the settlement of the fund, the tax shall not be affected and those transactions shall be subject to the order of allocation. Article 17 (7) of the Law on Income Tax, in conjunction with Article 14 (B) of the same law. For these purposes, investment funds shall consider the cumulative balance of the income or amounts referred to in the second subparagraph of paragraph 3 of the previous Article as a balance sheet or financial profit to be charged for the purposes of the The taxation of this article, before the capital and its readjustments. In the cases of the preceding paragraph, it shall be the responsibility of the administrator to determine whether the distributed profits correspond to taxable or untaxable amounts as appropriate, and must observe the imputation orders indicated in the number (3) of the preceding Article, and, in the case of the return of capital or rescue where appropriate, make available to the contributors the certificates corresponding to the time-limits for the timely fulfilment of their obligations. tax obligations. (ii) In the case of the disposal of the fund's shares or its redemption, where that does not occur on the occasion of the settlement of the fund, the higher value obtained shall also affect the single tax of the preceding literal (i) and shall correspond to the difference between the value of the acquisition of the quota and the value of disposal or redemption thereof, determined in accordance with Articles 108 and 109 of the Law on Income Tax, as appropriate. In the case of quantities distributed by the fund or of the greatest value in the rescue of (a) the same, the single tax referred to above shall be retained by the managing company where the said amounts are remesed abroad, distributed, paid, paid into account or made available. In the case of the disposal of the shares of the fund, the acquirer or stockbroker or securities agent acting on behalf of the seller shall retain this tax at the same time as indicated, withholding tax at a fee 5% on the sale price without any deduction, unless the highest value can be determined for the single tax of this point, in which case the withholding tax will be charged at the rate of 10%. The withholding tax in accordance with this number will be entered into tax coffers within the period laid down in the first part of Article 79 of the Law on Income Tax. The provisions of Article 83 shall also be applied and Article 74 N ° 4 of the same law shall apply. (iii) It shall not constitute income, except for the amounts referred to in point (c) below, the remittance, distribution, payment, credit or making available, of profits made to these taxpayers, including that which is made by the a decrease in the value of the non-capital fund's share, and therefore no retention of any kind on these amounts, provided that the following copulative conditions are met during that commercial year: (a) at least for 330 continuous or discontinuous days, 80% or more of the value of the total asset of the fund, as defined in accordance with the provisions of the Regulation, is made up of investments in: 1. Instruments, securities or securities issued in the abroad by persons or entities without domicile or residence in Chile, or in certificates that are representative of such instruments, securities or securities; 2. Goods located abroad or instruments, securities, securities or certificates that are representative of such goods, and, or 3. Derivatives and other contracts of a similar nature that meet the requirements of the Superintendency by means of a general rule. The instruments, securities, securities, certificates or contracts referred to in 1 and 3 above may not have as underlying assets or refer to assets or activities developed in Chile, nor are they representative of securities or securities issued in the country. (b) the investment policy laid down in its rules of procedure is consistent with point (a) of that number. (c) that its rules of procedure establish the obligation on the part of the administrator to distribute, among the members, all the dividends, interest, other capital income and capital gains received or made by the fund, as appropriate, that do not enjoy a release of the additional tax and that come from the instruments, securities, securities, certificates or contracts issued in Chile and that originate from Chilean sources according to the law on tax on the Income, during the course of the financial year in which the amounts have been received or or within 180 days of the closing of such financial year, and up to the amount of the net profit determined during that period, minus the amortisation of financial liabilities corresponding to that period and always that such liabilities have been contracted at least six months prior to such payments. Where the fund does not comply during the respective trading year with the following co-policy conditions, the distributions of net profits or financial earnings, as appropriate to mutual funds or mutual funds respectively, whether they are distributed in such a period or in subsequent years, will be subject to the taxation set out in the number (i) above when it is distributed to taxpayers without domicile or residence in Chile. Distributions of the amounts referred to in point (c) above to a taxpayer without domicile or residence in Chile shall be taxed at a single income tax of 10%, without the right to the credit provided for in Article 63 of the Act on Income tax, however, to be reduced from the respective records, as set out in the number 2) of the previous article, except in the case of distributions attributed to the items mentioned in the records (b) and (c) of the Previous Article, in which case they shall be released from the said taxation. For their part, the quantities distributed corresponding to interest received by the fund coming from the investments referred to in Article 104 of the Law on Income Tax, or other interests that would be taxed with the Additional tax of that law with a rate of 4%, will be affected by the single tax indicated by applying the latter rate. In the case of quantities distributed by the fund which are to be taxed at the single excise duty, the latter shall be retained by the managing company where the said amounts are repaid to the outside, distributed, paid, paid into account or made available to the data subject, with a rate of 10% or 4%, as appropriate. The deductions thus practiced will be found in tax coffers within the period laid down in the first part of Article 79 of the Law on Income Tax. The provisions of Article 83 shall also apply, and in that case, Article 74, number 4, all of the same law. Neither shall the single tax of this point B be taxed, the highest value obtained by taxpayers without domicile or residence in Chile in the disposal of quotas or their rescue, unless the ransom is made on the occasion of the liquidation of the fund, provided that the fund complies with the copulative requirements set out in this numeral, in the commercial year in which the disposal occurs and in the two commercial years immediately preceding it. Where the fund has a lower existence than that period, it shall comply with the requirements for the following obligations during each commercial year in which it has existed, unless it corresponds to the higher value of the shares of a fund born on the occasion of the the division of another fund, or arising from the merger of two or more of them, in which case it will also be necessary for the split fund or the merged funds, where appropriate, to comply with the required copulative requirements, in such a way that in the year of the disposal and in the two commercial years immediately above, has given compliance to the conditions (b) the following: (i) the following: (i) the following: (i) the following: Where the fund does not comply during the respective trading years with the following, the highest value shall be subject to the taxation laid down in the preceding number (i). For taxpayers without residence or domicile in the country that are not natural persons or institutional investors that comply with the requirements defined in the Regulation, they will not be able to enjoy the tax treatment established in this country. (B), in case they have, directly or indirectly, as a shareholder, shareholder, holder or beneficiary of their capital or profits, to any resident or resident in Chile with 5% or more of participation or profit in the capital or in the utilities. In the case of companies whose shares are traded in stock exchanges of those markets established by the Regulation, for having standards at least similar to those of the local market, in relation to disclosure of information, transparency of institutional arrangements for the regulation, supervision, supervision and sanction of issuers and their securities shall not apply to the provisions of the preceding paragraph in respect of the shares of that company which are effectively registered and transacted on the bags indicated. The taxpayers concerned will be taxed with the additional tax of the law on income tax, considering themselves as taxpayers of Article 58, of that law, with the right to deduct the credit established in Article 63 of the the rules on retention, declaration and payment of the tax contained in Articles 74, 4, 79 and 83 of the Law on Income Tax. The administrator must submit a declaration to the Internal Revenue Service annually, in the form and time limit established by resolution, in which she must individualize the members without domicile or residence in the country, stating that they do not have partners, shareholders, holders or beneficiaries in Chile, with the percentage indicated above, a declaration without which they are presumed not to comply with the stated requirement, therefore not being able to enjoy the aforementioned release. Fund managers shall report annually to the Internal Revenue Service on compliance with the requirements set out in this Article, in the form and time limit set by that Service by resolution. The delay or omission of the delivery of the information indicated, shall be sanctioned in accordance with the requirements of Article 97 ° 1 of the Tax Code. As not provided for in this article, all the provisions of the Law on Income Tax and the Tax Code, which are related to the determination, declaration and payment of the tax, as well as the penalties for non-income tax, will apply. (a) a declaration or a timely payment of the taxes in question or the failure to submit the affidavits or reports to be submitted, applying to the effect of the complaint procedure referred to in Article 165 of the Tax Code. Article 86.-Tax treatment. A) Tax treatment for private investment funds. The provisions will apply to them Article 81 of this law, in addition to requesting the incorporation in the Single Tax Role for each fund that it administers, accompany the rules of procedure of each of them. Without prejudice to Article 81, in respect of the amounts received by the fund, which are charged by the undertaking, community or company concerned with the quantities entered in the register set out in the letter (d) of Article 14 (A) of the Law on Income Tax, the fund shall be obliged to distribute these sums to its contributors immediately after they have been received, and shall not be added to the net worth financial for the purpose of determining the sum of the income or amounts affected by the overall tax supplementary or supplementary to the fund, at the end of the financial year concerned. In the event of non-compliance with this obligation, the amounts that have not been distributed in the same financial year to the contributors shall be affected by the tax set out in the first paragraph of Article 21 of the Law on Income Tax. Interest received or accrued by the fund, originated in loans made with all or part of its resources to persons related to any of its contributors, in the part that exceed the agreed upon conventions of similar nature Considering the circumstances in which the operation is performed, the First Category Tax set out in Article 20 of the Law on Income Tax will be taxed, without any deduction, with the tax rate applicable to the entities subject to the provisions of Article 14 (B) of the same law, imposed on the manager of the fund, without prejudice to his right to repeat against him. The Internal Revenue Service must determine in form the excessive portion of the agreed interest, not being able to exercise such power if the interest rate agreed is equal to or less than the current interest rate in the period and the type of operation in question, increased by 10%. B) Tax treatment for the contributors. They shall be domiciled or resident in the country or abroad, and shall be taxed in accordance with the rules laid down in Article 82 (A) and (B) of this Law. In the case of the non-domicile or residence in the country, they will be taxed with the additional tax of the Law on Income Tax, considering themselves as taxpayers of the N ° 2, of article 58 of the aforementioned law, applying the rules on withholding, declaration and payment of the tax referred to in Articles 74 No 4, 79 and 83 thereof, applying to the effect the credit provided for in Article 63 of the same legal body, where appropriate. " 2) Article 2 (2) of Decree Law No 2,398, of 1978, interspersed following the expression ' participations and other income obtained ", the following sentence", as well as the income or amounts attributed to it ". 3) In the first paragraph of Article 48 of the Labour Code, the consolidated, coordinated and systematized text is contained in the decree with force of law No. 1, 2003, of the Ministry of Labor and Social Security, incorporated, continuation of the sentence "determination of income tax,", the expression "applying the normal depreciation regime set out in Article 31 (5) of the Law on Income Tax," and add, following the separate point, that becomes a further point, the following expressions: " For these purposes, they will not be considered as part of the own capital adjustments which are ordered to make the numbers 8 ° and 9 ° of Article 41 of that law, at the disposal of the second subparagraph of that number 8 °. '; 4) In the third indent of Article 2 ° of Law No. 19,149, which establishes preferential customs and tax arrangements for the communes of Porvenir and Primavera of the province of Tierra del Fuego, of the XII Magallanes region and of the Chilean Antarctic, amend the Supreme Decree No 341, 1977, of the Ministry of Finance, and other legal bodies, to add, following the expression "supplementary global tax or the additional" the expressions " for the income that they withdraw, they shall reimburse them, they are distributed or assigned to them in accordance with Articles 14; 17, number 7; 38a, 54, 58, 60 and 62 of the law on Income Tax "and replace the term" Law on Income Tax ", by the words" same law ". (5) In the third indent of Article 2 (2) of Law No 18.392, which establishes a preferential customs and tax system for the territory of the XII Magellan Region and the Chilean Antarctic, it shall add, following the expressions " imposed 'the following:' for any income which they withdraw, remand, distribute or are assigned to them in accordance with Articles 14; 14 b; 17, number 7; 38a, 54, 58, 60 and 62 of the Act on Income Tax; ' and replace the term "law on income tax", by the words "same law". 6) In the second paragraph of article 23 of the decree with force of law N ° 341, 1977, of the Ministry of Finance, on Free Zones, whose text, recast, coordinated and systematized is contained in the decree with force of law No. 2, 2001, from the Ministry of Finance, added after the point aside, which happens to be followed, the following: " However the said exemption, the tax owners will have the right to use in the determination of their global tax. supplementary or additional for the income attributed to them in accordance with Articles 14; 17, number 7; 38a, 54, 58, 60 and 62 of the Law on Income Tax, 50% of the credit established in Article 56 (3) or 63 of the same law, considering for that only effect that the said income has been affected by the tax of (7) Substitute the second indent of Article 2 (2) of Law No 19,709, as follows: " However, the said exemption shall be the right of the owners to use in the determination of their complementary global tax. or additional for the income attributed to them in accordance with Articles 14; 17, number 7; 38a, 54, 58, 60 and 62 of the Law on Income Tax, 50% of the credit established in Article 56 ° 3 of Article 56 ° or 63 of the same law, being considered for that only effect that the said income has been affected by the tax of the first category. " 8) Article 1 of Law No. 19,420, which establishes incentives for the economic development of the provinces of Arica and Parinacota, whose consolidated, coordinated and systematized text is contained in the decree with the force of law N ° 1, 2001, of the Ministry of Finance, remove the expressions " except for the provisions of the the first part of point (d) of Article 14 (3) (A) and in Article 84, both of the law on income tax, in such a way that they may withdraw, remor or distribute in any financial year the income or profits to be determined for these commercial years, at the same time as they will be. " (9) Enter the following amendments to the first paragraph of Article 1 of Law No 20.190: (a) Remove, in the first paragraph, the word 'readjusted', and replace the sentence ' by the factor resulting from raising 1,0003 to one power equal to the number of days between the date of acquisition of the shares and the date of its disposal. ", by the following text:" by the value of the Stock Selective Price Index of the Santiago Stock Exchange at the time of the disposal of shares divided by the value of that index at the time of its acquisition. In the case of no information on the value of the index referred to above, the Superintendency of Securities and Insurance shall determine a market return indicator to replace it for the purposes of calculating the above formula. '. (b) Amend the second paragraph, as follows: 1. Eliminate the expression "issued by closed public limited companies or companies by shares". 2. Add the following numeral (i), new, passing the current numbers (i), (ii) and (iii) to be numbers (ii), (iii) and (iv), respectively: " (i) That at the time of the investment, it is a question of shares issued by closed public limited companies or companies for shares that do not share their shares on the Stock Exchange. " 3. Replace in the numeral (ii), which has become numeral (iii), the phrase "of contributions paid by the contributors to" by the expression "of the asset of". (c) Substitute, in the numeral (iii) of the fourth subparagraph, the term "taxable persons retained" by the phrase "pending taxation". (d) Amend the sixth paragraph, as follows: 1. Substitute, in the numeral (i), the expression "of contributions paid by the contributors to the" by the phrase "of the asset of the". 2. Add, in the numeral (iii), following the expression "be a fund audited by the Superintendency of Securities and Insurance", the phrase "or that the manager of the fund is registered in it". (10) In the first paragraph of Article 3 (3) of Law No 19,892, replace the words "point (b) of Article 20 (1)" by the words "Article 34", to be counted from 1 January 2016. 11. Article 4 °, 5 °, 6 ° and 7 ° of the transitional provisions of Law No 18,985 shall be deleted from 1 January 2016. (12) Substitute Article 17 (11) of Decree-Law No 824, 1974, by the following: " 11. For the purposes of applying the taxation of the second number preceding the cooperative, the cooperative must consider that the gross receipts are transactions with persons other than partners where they come from: (a) Any transaction that is not itself the turn of the cooperative goes, done with people who are not partners. (b) Any operation that is proper to the cooperative's rotation and meets the following conditions: i. That the goods or services of the cooperative's spin are used or consumed, for any title, by persons other than partners; and, ii. That the raw materials, inputs, services or other services that form the principal part of the goods or services of the cooperative's spin have been acquired from or provided by persons other than partners, to any degree. For these purposes, raw materials, inputs, services or any other provision shall be deemed to constitute a principal part of the goods or services of the cooperative's turnaround when, in terms of manufacturing, production or supply of these, they mean more than 50% of their total cost value. The cooperative must carry out a control in the Book of Inventories and Balance, which allows the identification of the percentage indicated. Any raw materials, inputs, services or other benefits provided by the members of the cooperative shall not be considered as forming part of the cooperative's gross income. cooperative and form a main part of the goods or services of the cooperative's spin. The goods or services of the spin of the cooperative which are used or consumed, for any title, between the cooperative and its members shall not be considered. " 13. from 1 January 2015, Article 13 of Law No 18,768. As a result, the additional tax corresponding to the technical advice provided from that date shall not be eligible for the benefit to be repealed. Article 18.-Incorporate, in Article 1 of Law No 20.322, which strengthens and improves the tax and customs jurisdiction, the following second and third points: " To enforce their sentences and to practice or practice the The Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Union is a member of the Court of Justice. The legally required authority must provide the aid, without it being appropriate to describe the basis with which the justice or legality of the judgment or decree is asked to execute. " TRANSITIONAL PROVISIONS Article 1.-Amendments to the Law on Income Tax contained in Article 1 of this Law shall enter into force on 1 January 2017, with the following exceptions: (a) amendments contained in numbers 2); 12); 14); 15), points (c), (f) and (g); (20); (26); (31); (35); (36); (39) (c); (41) (b); (46) and (50) shall apply from the first day of the month following that of their publication. (b) the amendments referred to in points (1), (a), (ii); (5); (7); (15) (a), (b) and (h); (17); (23); (24) (a); (27), with the exception of the new Article 41 (G); (40); (48) (d) and (49) shall apply from 1 January 2015. (c) the amendments referred to in points (3); (10) (b); (13); (16) (b); (18); (19); (22) (b); (27), only as referred to in the new Article 41 (G) and (48) (a), (b) and (c) shall apply from 1 January 2016. Article 2.-Introduces, from the 2015 commercial year, the following amendments to the Law on Income Tax, contained in Article 1 of Decree Law No. 824 of 1974, in respect of taxes to be declared and paid for the income received or accrued from that commercial year, and which shall apply until 31 December 2016: replace Article 14 by the following: 1) " Article 14.-The income to be determined to a taxpayer subject to the tax of the The first category shall be taxed in accordance with the rules of Title II. In order to apply the additional or additional global taxes on the income or amounts obtained by these taxpayers, the following form shall be taken: (A) Taxpayers who are obliged to declare according to complete accounts. 1 °.-Individual entrepreneurs, contributors to Article 58, number 1, company partners of persons, community members and management partners in the case of companies in shares, will be taxed with the additional global taxes or additional, as appropriate, on quantities which are withdrawn from the respective company or company in accordance with the rules of this Article and the provisions of Articles 54, number 1; 58, number 1; 60 and 62 of this Law. The shareholders of the public limited liability companies shall pay the additional or additional global taxes, as appropriate, on the amounts to be distributed to them by the respective company in accordance with the provisions of the provided for in this Article and in Articles 54, number 1 and 58, number 2 of this Law. With respect to the communities, people's societies, and those in the hands of shares, which is the responsibility of the managing partners, the withdrawals of each community or partner for their effective amounts will be taxed. For the purposes of applying Title IV taxes, the income to be paid abroad shall be deemed to have been withdrawn. 2.-The income or amounts withdrawn for investment in other undertakings which are obliged to determine their actual income by means of full accounting in accordance with the provisions of Title II shall not be taxed with the additional global taxes or additional as long as they are not withdrawn from the company that receives it and in the case of investment in payment actions or contributions to companies of persons, the circumstances mentioned in the following fourth indent are not configured. The same rule shall apply in the case of conversion of an individual undertaking into a company of any kind or in the division or merger of companies, within the meaning of the latter the dissolution produced by the meeting of the total of the rights or actions of a society in the hands of the same person. In the case of conversion, merger and division of companies, the recording and control of the amounts invested and the other income or quantities accumulated in the undertaking shall be maintained. The divisions shall be deemed to have accrued income, as well as the reinvestments referred to in this issue, in proportion to the tax own capital determined at the date of the division. The reinvestments referred to in this issue may be made only by means of an effective increase in capital in individual undertakings, contributions to a company of persons or acquisitions of payment shares, within 20 days of the date of the that the withdrawal took place. Taxpayers who invest in payment actions in accordance with this point shall not be eligible, for such actions, for the provisions of Article 57a (1) of this Act. The provisions of this number shall also be made in respect of the withdrawals of profits made or of the dividends received from the companies incorporated abroad. However, it shall not apply in respect of investments made in those undertakings. Where taxpayers who invest in shares in the payment of public limited liability companies or in social rights in companies of persons are entitled to them by act between the living, the person shall be deemed to have made a taxable retirement equivalent to the the amount invested in the acquisition of the shares or rights, subject to the excess of the general rules of this law. The taxpayer may give credit for the first-rate tax paid in the company from which the investment was made, against the additional or additional global tax applicable on the withdrawal referred to, in accordance with the rules of Articles 56 (3) and 63 of this Law. Therefore, in this type of transaction, investment and credit shall not become part of the taxable profit fund of the company receiving the investment, without prejudice to its registration in accordance with the second subparagraph of the point (b) of the following number 3. The same treatment provided for in this paragraph shall have the total or partial returns of capital in respect of the shares or rights in which the investment has been made, the amounts referred to in the second subparagraph of the point (b) of the following number 3. For the purposes of determining the withdrawal and the corresponding credit, the respective sums shall be adjusted in accordance with the change in the price index to the consumer between the last day of the month preceding that of the payment of the shares and the last day of the month before the disposal. In the disposal of shares or social rights, where part of the shares have been financed by reinvestment made under this number, and another, by means of investments financed with amounts which have paid full tax on this law, the former shall be construed as being in proportion to the total of the shares or rights held by the enajenante. However, taxpayers who have covered the shares or rights indicated may reinvest the amount collected up to the amount corresponding to the acquisition value of the shares or rights, duly adjusted to the last the day of the month preceding that of the new investment, in undertakings obliged to determine their actual income by means of full accounting, not in this case applying the taxes referred to in the preceding subparagraph, except for the excess which is indicated that it will be subject to the general rules of this law. The taxpayers will be able to benefit from the rules set out in this letter in respect of new investments. For this purpose, the period of 20 days indicated in the The second of this number shall be counted from the date of the respective disposal. The taxpayers who make the investments referred to in this number must inform the receiving company at the time the investment is received, the amount of the contribution or acquisition corresponding to the taxable profits that they have not paid for the additional or additional global taxes and the first class tax credit, a requirement without which the investor will not be able to enjoy the treatment provided for in this issue. The company shall acknowledge receipt of the investment and the credit associated with it and report this circumstance to the Internal Revenue Service, incorporating it in the register provided for in the second subparagraph of point (b) of the following number 3. The receiving company, either an anonymous company or a company of persons, must also inform the receiving company of the disposal of the respective shares or rights. 3 °.-The taxable profit fund must be registered by any taxpayer subject to the first class tax on the basis of an overall balance sheet, according to full accounting: a) In the fund's register of taxable profits shall record the taxable liquid income of the first category or tax loss of the financial year. Income exempt from the first class tax levied or payable shall be added; the social contributions and dividends both received; and all other income, profits or profits received or accrued, which shall not be part of the taxpayer's liquid income is affected by additional or additional global taxes, when they are withdrawn or distributed. The items referred to in the second paragraph of Article 21 shall be deducted. The remaining taxable profit or the negative balance of previous financial years shall be added or deducted, as appropriate, adjusted in the manner laid down in Article 41 (1), first subparagraph. At the end of the financial year, any withdrawals or distributions made in the same period shall also be deducted in the form indicated in Article 41 (1), final indent. (b) In the same register, but in a separate form from the taxable profit fund, the undertaking must note the non-constitutive amounts of income and the income exempt from the supplementary or supplementary global taxes, and its remaining previous financial years adjusted for the change in the consumer price index, between the last day of the month preceding the end of the previous financial year and the last day of the month preceding the end of the financial year. Also recorded separately in the same register, investments made in shares of payment or contributions to companies of persons referred to in point (A) of this article, identifying the investor and the claims correspond to the profits thus reinvested. This register shall be deducted from the capital returns in favour of the respective investor in respect of those amounts or the sums to be considered withdrawn for the purpose of the actions or rights, whichever is the case first. (c) The taxable profit fund shall be applicable only for the purposes of determining the appropriations corresponding to the provisions of Articles 56 (3) and 63. (d) Withdrawals, remittance or distributions shall be charged, in the first term, with the income, profits or amounts affected by the supplementary or additional global tax, starting with the oldest and entitled to the corresponding credit, according to the rate of the first class tax which has affected them. In the event of an excess, the excess shall be charged to exempt income or untaxed amounts with such taxes, with the exception of the revaluation of non-profit capital, which may only be withdrawn or distributed, together with the capital, with a decrease in the capital or at the end of the rotation. (e) The deductions referred to in the second subparagraph of point (b) above shall be charged to the quantities referred to therein and in accordance with the order laid down therein, in preference to the order laid down in point (d). (B) Other contributors. 1 °.-In the case of taxpayers affected by the first class tax which declare effective income and which do not determine them on the basis of an overall balance sheet, according to full accounting, the income established in accordance with Title II, more all the revenue or profits received or accrued by the undertaking, including the shares received or accrued from companies which determine their taxable income in the same way, shall be taxed in respect of the employer individual, partner, shareholder or taxpayer of Article 58, number 1 °, with the overall tax supplementary or supplementary, in the same financial year as they are collected, payable or distributed. 2 °.-The presumed income shall be affected by the additional or additional global taxes, in the financial year to which they correspond. In the case of companies of persons, such income shall be deemed to be withdrawn by the partners in proportion to their share of the profits. "2) Substitute Article 14b by the following:" Article 14b.-Special arrangements for micro, small and medium-sized enterprises. A.-Special arrangements for investment, working capital and liquidity. Taxpayers who are taxed under the rules of the First Category, subject to the provisions of Article 14, may benefit from the simplified scheme provided for in this letter, provided that they comply with the following rules: 1. Requirements: (a) To have an average annual income received or accrued by sales and services of their rotation, not exceeding 50,000 units of promotion in the last three commercial years prior to the entry into the scheme, and as long as they are received to the same. If the undertaking concerned has an existence of less than three years, the average shall be calculated on the basis of the actual existence of such exercises. However, the revenue indicated may not exceed one year in the sum of 60,000 units of promotion. In order to calculate the average income indicated, the income of each month shall be expressed in units of promotion according to the value of the same one the last day of the respective month, and the taxpayer shall add, to its income, those obtained by its related entities in the respective financial year. For these purposes, any legal nature of the respective entities, which are part of the same business group, controllers and related undertakings, shall be considered as related, in accordance with the provisions of the Articles 96 to 100 of Law No 18,045 on the market in securities, except for the spouse or relatives up to the second degree of consanguinity of the persons referred to in point (c) of this last article. (b) In the case of taxpayers who choose to enter the financial year in which they are engaged in activities, their effective capital may not exceed 60,000 units of promotion, depending on the value of such units on the first day of the month of the start of the activities. (c) The provisions of this Article shall not be covered by the provisions of this Article by taxpayers who derive income from the activities referred to below, and these shall exceed 35% of the total gross receipts of the commercial year respective: i.-Any of those described in Article 20 (1) and (2). However, the provisions of this Article may benefit from the income from the holding or holding of agricultural real estate. ii.-Participations in association contracts or participating accounts. iii.-From possession or possession to any title of social rights and shares of companies or shares of investment funds. In any event, revenue from such investments may not exceed 20% of the total gross receipts of the respective commercial year. For the purposes set out in this letter, only income that consists of fruits or any other performance derived from the domain, possession or tenure of the assets, securities and units mentioned above shall be considered. (d) Companies whose paid capital belongs in more than 30% to shareholders or shareholders who are companies which issue shares with stock exchange shares or which are subsidiaries of the latter shall not be eligible. 2.-Special situations when entering the simplified scheme. Taxpayers who choose to enter the simplified scheme provided for in this Article shall carry out the following treatment of the items listed below, according to their balances as at 31 December of the year preceding their entry into this Article. the scheme, without prejudice to the taxation affecting the undertaking and its owners, partners, community members and shareholders in that period: (a) Removed or distributed at the end of the financial year preceding the year in which they enter the new scheme, in accordance with Article 14 (A), as appropriate, in order to be affected by global taxes; additional or additional in that period, the income or amounts corresponding to the difference between the value of the tax capital, increased where appropriate, by excess withdrawals that are maintained at the date of the change of the scheme and the following amounts: i.-the value of the capital provided In fact, the company or company, plus the increases and discounted the subsequent decreases that have been made, all of them, adjusted according to the percentage of variation of the consumer price index between the previous month to the date of the contribution, increase or decrease of capital, and the month before the change of regime. ii.-The positive balance of the amounts recorded in the register which establishes the first subparagraph of point (b) of Article 14 (3) (A). (b) If the undertaking records a balance of accrued income in the taxable profit fund or in the register referred to in Article 14 (3) (b), second subparagraph, point (a), the quantity concerned shall be subject to global tax. additional or additional shall be the largest amount between the difference determined in accordance with point (a) above, and the sum of the accumulated income in the records referred to in point (a) and in the second subparagraph of (b) of point (a) of point (a) of Article 14. The amount that is in the end is serious with the taxes indicated, will be entitled to the credit of Articles 56, number 3), and 63, which proceeds with respect to the accumulated income in the referred records. (c) the tax losses determined at the end of the preceding financial year, which have not been absorbed in accordance with Article 31 (3), shall be regarded as an exit from the first day of the initial financial year subject to this simplified scheme. (d) the physical fixed assets depreciable in accordance with Article 31 (5) and (5a), at their net tax value, shall be considered as a first-day discharge for the initial year subject to this simplified scheme. (e) The stocks of assets of the realisable asset, at their tax value, shall be regarded as an egress on the first day of the initial year subject to this simplified scheme. (f) accrued income and expenses due at the end of the financial year immediately preceding the date of entry into this scheme shall not be recognised by the taxpayer at the time of its collection or payment, as appropriate, without prejudice to their registration and control obligation according to the following number 3.- 3.-Determination of the tax base and its taxation. For the purpose of controlling the income and expenditure referred to in this number, the taxpayers who are in charge of the provisions of this letter A) and who are not obliged to carry the book of purchases and sales, must carry a book of income and expenditure, in which it must register both the revenue received and the accrued income as well as the expenses paid or due. The taxpayers covered by this scheme must also carry out a cash-book which will chronologically reflect the flow of their income and expenditure. The Service shall, by resolution, lay down the requirements to be met by the books of revenue and expenditure, and of the box referred to in the preceding paragraphs. (a) Taxpayers benefiting from this simplified scheme should be taxed annually with the tax of the first category. For their part, the owners, partners, community members or shareholders of the company, community or respective company, will be affected by the additional or additional global taxes, as appropriate. The tax base of the first-rate tax of the simplified scheme will correspond to the difference between the income received and the income actually paid from the taxpayer, while the tax base of the overall tax supplementary or supplementary shall be that part of the tax base of the first class tax corresponding to each owner, partner or shareholder, in the proportion in which the taxpayer has subscribed and paid or learned the capital of the company or company. In the case of the Community, the determination of the taxable amount corresponding to them shall be made in proportion to their respective shares in the good in question. (i) For these purposes, revenue collected during the respective financial year shall be considered to be revenue from sales, export and service performance, affected, exempt or not taxed with the value added tax, as also any other income related to the turn or activity and those arising from the investments referred to in point (c) of the number 1.-above, which are received during the financial year concerned, except those arising from the disposal of physical fixed assets which cannot be depreciated in accordance with this law, without prejudice to apply in their disposal separately from this scheme as provided for in Articles 17 and 18. For all the purposes of this Article, and in accordance with Article 84 (i), revenue accruing from the date of issue of the invoice shall also be deemed to have been received after a period exceeding 12 months has elapsed. The corresponding ballot or document. In the case of operations payable in instalments or in instalments, the period before shall be calculated from the date on which the payment is payable. (ii) the amounts actually paid by way of purchases, imports and services, affected, exempt or untaxed with the value added tax; payments of remuneration and fees; interest; paid; taxes paid other than those of this law, losses from previous years, and those arising from acquisitions of physical fixed assets paid, except those which cannot be depreciated under this law, and claims Non-performing non-performing activities, all of which must comply with the other requirements established for each case in Article 31 of this Law. In the case of acquisitions of goods or services payable in instalments or in time, only those shares or part of the price or value actually paid during the financial year concerned may be reduced. In addition, 0.5% of the revenue received from the financial year shall be accepted as a discharge of the activity, with a maximum of 15 monthly tax units and a minimum of 1 monthly tax unit, in force at the end of the financial year, for expenditure children not documented. In the case of transactions with related entities, as defined in point (a) of the preceding number 1, the revenue must be computed for the determination of the respective provisional payments, as well as for the determination of the the tax base is liable to tax, in the period in which they are collected or payable. (b) For the provisions of this number, all revenue and expenditure shall be included, without regard to their origin or source or whether or not they are non-taxable or exempt by this law. (c) The tax base calculated in the form set out in this number shall be subject to the taxes of first category and additional or additional global taxes, in the form indicated, for the same financial year in which it is determined. The first class tax may not be deducted from any credit or rebate for tax exemptions or allowances, except that referred to in Article 33a. 4.-Release of accounting records and other obligations. The taxpayers who take part in the simplified scheme provided for in this point (A) shall be free, for tax purposes, to carry out full accounting, to carry out inventories, to draw up balance sheets, to make depreciations, as well as to to carry out the details of taxable profits and other income which are entered in the Register of the taxable liquid income of the first category and cumulative profits referred to in Article 14 (A), and to apply the correction Article 41 of the Treaty. The foregoing shall not preclude the taxpayer's decision to alternatively carry out full accounting, if it considers it more appropriate. 5.-Conditions for entering and leaving the simplified scheme. Taxpayers must enter the simplified scheme to be counted on the first day of January of the year they choose to do so, and must be kept for a full 5 years. The option to enter the simplified regime will be manifested by giving the respective notice to the Service from January 1 to April 30 of the calendar year in which they are incorporated into the said regime. In the case of the first commercial year, the Service shall be informed within the period referred to in Article 68 of the Tax Code. However, the taxpayer must compulsorily leave this scheme when it ceases to comply with any of the requirements laid down in paragraph 1 of this Article. However, if for once it exceeds the limit of the annual average of the income set out in point (a) of the previous No 1, it may also be maintained in this scheme. If you exceed the limit of 50,000 units of promotion for a second time, you must leave it compulsorily. 6.-Effects of withdrawal or exclusion from the simplified scheme. (a) Taxpayers who choose to withdraw from the simplified scheme must give notice to the Service during the month of October of the year preceding the year in which they wish to change the scheme, running from the first day of January of the year following that of the notice, subject to all common rules of this law. (b) Without prejudice to the above number 5, taxpayers who, for failure to comply with any of the requirements laid down in paragraph 1 of this Article, must abandon the simplified scheme, shall do so at the earliest January of the commercial year following that in which the non-compliance occurs, subject to all the common rules of this law. (c) When the taxpayer is incorporated into the general accounting system by application of the preceding subparagraphs (a) or (b), it shall carry out an initial inventory for tax purposes, duly crediting the items contained therein. In this inventory, the following items must be recorded which will remain at 31 December of the last commercial year in which the simplified scheme was received: (i) the existence of the realisable asset, valued at the cost of replacement, and (ii) the physical fixed assets, recorded by their value updated at the end of the financial year, applying the rules of Articles 31, number 5 and 41, number 2, taking into account the application of the Precision with a normal shelf life. In addition, for the purposes of determining the initial positive or negative balance of the register referred to in Article 14 (A) (3), the loss of the financial year or accumulated as at 31 December of the last financial year shall be considered the simplified scheme, and, as a profit, the items referred to in numerals (i) and (ii) above. The profit resulting from the charges and credits of these items shall be the initial balance affected by additional or additional global taxes, when withdrawn, remesed or distributed, without the right to credit for the purposes of the tax First category. Where a loss is determined, the loss shall also be entered in that register and may be deducted in the form set out in the second subparagraph of Article 31 (3). For other assets to be incorporated in the initial inventory, they shall be recognized at the cost value corresponding to the rules of this law. (d) These taxpayers shall also determine, at the end of the last financial year in which they are covered by the provisions of that point (A), the amount of the final tax capital, applying the provisions of Article 41 (1) thereof, considering the assets valued according to the preceding rules. They shall not be considered as forming part of their own capital, accrued income and expenses due on that date, which have not been considered in the determination of the taxable amount referred to in the preceding number 3 for not having been received or paid to that date. The amount thus determined shall constitute the initial capital of the company at the time of the change to the general scheme. The positive difference that results from subtracting the value of the tax capital referred to in the previous paragraph, the amount of deferred income and the value of capital effectively contributed to the company plus its increases and less its decreases. (a) subsequent, adjusted in accordance with the variation in the price index to the consumer between the month preceding the month of the supply, increase or decrease and in the month before the end of the last financial year received by that scheme, be registered as part of the register referred to in point (b) of the first subparagraph of point (b) of the first subparagraph (a) Article 14. e) In any case, the incorporation into the general system of the law on income tax will not be able to generate other profits or losses, coming from items that affected the result of some exercise under the simplified regime. Taxpayers who have withdrawn from the simplified scheme in accordance with the provisions of subparagraphs (a) or (b) above shall not be allowed to return to it until after five consecutive commercial years have been received by the taxpayer. general rules of this law. Accrued income and expenses due which have not been taken into account under the provisions of this point (A), on the occasion of the change of scheme, shall be recognised and deducted, respectively by the taxpayer, at the time of their incorporation into the general system of taxation. 7.-Obligations to report and certify. Contributors to this scheme must report annually to the Service, and inform and certify their owners, community members, partners and shareholders, in the form and time limit determined by resolution, the amount of the income or amounts corresponding to their respective owners, partners, community or shareholders, as set out in point (A). B.-Exemption from additional tax for services provided abroad. The amounts laid down in Article 59, number 2, obtained by taxpayers without domicile or residence in the country in the provision of advertising services abroad and the use and subscription of technology service platforms the internet to undertakings which are obliged to declare their effective income according to full accounting for income of Article 20 of this Law, the average annual income of which does not exceed 100,000 units of promotion in the last three years commercial, they will be exempt from additional tax. However, a rate of 20% shall apply if the creditors or beneficiaries of the remuneration are in any of the circumstances set out in the final part of Article 59 (1), which shall be credited and declared in accordance with the (3) Replaces the number 7 ° of Article 17 by the following: " 7 °.-The returns of social capital and the realignments of the latter, provided that they do not correspond to profits or amounts to be paid by the tax this law. Sums withdrawn or distributed by these concepts shall be charged first in the form set out in points (d) and (e) of Article 14 (3) (A). Subsequently, they will be charged to the balance sheet profits held in excess of the previous ones, whether they are capitalized or not, and finally, to the other amounts that are to be taxed with the taxes of this law. Once the profits or quantities indicated above have been exhausted, the returns will be understood as imputed to the social capital and its readjustments, only up to the amount contributed by the owner, partner or shareholder of the latter. return, increased or decreased by the contributions, increases or decreases in capital that those have made, amounts that will be adjusted according to the percentage of variation of the consumer price index between the month preceding that in which occurred and the month before the return. Any withdrawal, remittance, distribution or return of quantities exceeding the above mentioned concepts shall be taxed in accordance with the general rules. " 4. in the second paragraph of Article 17 (8), remove the following: " Dealing with the disposal of rights in the company of persons or shares issued on the occasion of the transformation of a company of persons into a public limited company, which the members of a company or shareholders do of closed public limited liability companies, or shareholders of public limited liability companies of 10% or more of the shares, the respective company or company or in which they have interest, for the purposes of determining the greatest value arising from such an operation, they shall deduct from the value of the contribution or acquisition of the said rights or shares, as appropriate, those securities, acquisition or capital increases that have their origin in income that they have not fully or partially paid the taxes of this law. For these purposes, the indicated values shall be adjusted according to the variation of the consumer price index between the last day of the month preceding the acquisition or contribution, increase or decrease in capital, and the last day of the preceding month (5) In the third indent of Article 31, replace the second paragraph of the number 3 ° by the following: " You may also deduct losses from previous years, provided that the requirements of the preceding paragraph are met. For these purposes, the loss of the year shall be attributed to the profits or amounts affected by the supplementary or additional global taxes referred to in Article 14 (A) (3) (d), whether or not they have been affected by the financial year. the first class tax, and those obtained in the financial year following that in which such losses occur, and if the profits referred to are not sufficient to absorb them, the difference shall be imputed to the financial year immediately next and so on. In the event that the losses fully or partially absorb the non-withdrawn or distributed profits, the first-rate tax paid on those profits shall be considered as a provisional payment in that part which is proportionally applicable. the utility absorbed, and the rules for readjustability, imputation or repayment referred to in Articles 93 to 97 of this Law shall apply to it. ' (6) Replace Article 38a by the following: " Article 38a.-Taxpayers obliged to declare their effective income according to full accounting, which they put to the end of their rotation, they must to consider withdrawals or distribution of the accumulated income or amounts in the undertaking referred to in the following subparagraph, in respect of additional or additional global taxes determined on that date. The income or amounts to be considered as withdrawn or distributed shall correspond to the largest amount, among the taxable profits, recorded in accordance with the second subparagraph of Article 3 (A) (a) and (b) of the Article 14, or the difference resulting from the comparison of the value of the tax own capital, determined at the date of the end of the rotation as laid down in Article 41 (1), plus any excess withdrawals which are maintained at that date; and the sum of: (i) the positive balance of the amounts recorded in the register provided for in point (a) (b) of Article 14 (3) (b); and (ii) the value of the capital actually contributed to the undertaking or company plus the increases and discounted the subsequent decreases that have been made, all adjusted according to the percentage of variation of the consumer price index between the month before the date of contribution, increase or decrease in capital; and the month before the end of the rotation. Those amounts which have been financed from income which have not, in whole or in part, the taxes of this law have been paid shall not be considered. These taxpayers will be taxed on those incomes or amounts with a tax of 35%, which will have the sole character of this law in respect of the company, employer, community or, a shareholder or shareholder, without the provisions of Article 54 (3) being applicable to them. This tax shall not apply to the part of the income or amounts corresponding to the shareholders or shareholders required to declare their income in full accounting, which shall be deemed to be withdrawn or distributed to the shareholders or shareholders. the date of the term of rotation. However, the employer, partner or shareholder may choose to declare the income or amounts referred to as affections to the supplementary global tax of the year of the term of rotation in accordance with the following rules: 1. apply a complementary global tax rate equivalent to the average of the highest rates of tax that have affected the taxpayer in the six financial years preceding the end of the rotation. If the company had existed only during the financial year in which it was put to a turn, then the income or amounts indicated shall be taxed as income for the year in accordance with the general rules. 2.-The income or quantities indicated in the preceding number shall be credited to Article 56 (3), which shall apply at a rate of 35%. For these purposes, the credit must be added to the tax base in the form prescribed in the final indent of Article 54 (1). The cost value for tax purposes of the goods awarded by the owners, community members, members or shareholders of the companies in question, in the dissolution or liquidation of the goods, shall correspond to the one who has registered the (7) Article 41 A: (a) a company in accordance with the rules of this law, at the date of the term of rotation. " 7. (a) Substitute the heading by the following: " Article 41 A.-Taxpayers domiciled or resident in Chile who obtain income that has been taxed abroad, in the application of the taxes of this law shall be governed, in respect of in addition to the rules of this Article, in the cases referred to below: ". (b) In point A: i. Add in the first paragraph of the number 1, following the word "next", the expression ", as appropriate". ii. Add in point (b) of number 3, following the separate point, which becomes followed, the following sentence: "For the purposes of this calculation, the expenditure referred to in point (D), number 6, of this article shall be deducted." iii. Add in point (c) of number 3, following the words "income", the term "foreign source". iv. Add in the following point (c): " (c) Where such income is directly received by taxpayers of the complementary global tax, the credit will be added to the respective tax base and deducted from the tax, after any other credit or deduction authorized by the law. If there is a remnant of credit, it shall not be entitled to refund or imputation to other taxes and may not be recovered in subsequent years. ' (c) Replace the heading in point (C) with the following: " C.- formulas, technical advice and other similar services which have been taxed abroad. ' (d) in point D: in number 1, the expression ", as applicable", is added after the expression "the respective income". In number 1, add the following final point: " Readjustment to this number shall not apply where the taxpayer carries his accounting in foreign currency, without prejudice to the conversion of foreign and income taxes. taxed abroad at their equivalent in the same foreign currency in which they bear their accounts. " iii. In the number 4, the following sentence is added after the separate point, the following sentence: " When taxes paid by subsidiary companies of those referred to in Article 41 (a) are charged in the country, number 1 shall be the documents required by the Service for the purposes of accrediting the respective participation. "iv. In the number 7 add the following final sentence:" This tax may not be charged as a credit against the global tax either additional or additional to be determined on Chilean source income. For these purposes, the part of the income which is of national and foreign origin must be distinguished. "(8) Substitute the third paragraph of Article 41 (3) C by the following:" Taxpayers who obtain income as indicated in the first subparagraph of Article 41 (1) of Article 42, each year must carry out a reliquidation of the tax, updating the tax to be determined and those paid or retained, according to the variation experienced by the price index to the consumer in the period between the last day of the month preceding the month of determination, payment or retention and the last day of the month preceding the month the date of closure of the financial year. The excess of double taxation resulting from the comparison of taxes paid or withheld in Chile and that of the reliquidation, reduced the credit, must be imputed to other annual taxes or to be returned to the taxpayer by the Service of Treasuries in accordance with the rules of Article 97. Equal right to imputation and refund shall be liable to the additional flat-rate tax which does not have an income from Article 42, number 1, subject to double taxation. " 9. in Article 54: (a) Substitute the first subparagraph of the Number 1 for the following: " 1 °.-The whole of the amounts received or withdrawn by the taxpayer to any title from the respective undertaking, community or company, in accordance with the provisions of Article 14 (A) and No 7 Article 17 of this Law. In the case of effective first class income determined on the basis of simplified accounts, the taxable amount payable to the taxpayer shall also be included in the taxable amount of this tax. ' (b) The fifth subparagraph shall be deleted. from number 1. (c) Replace the sixth paragraph of the number 1 by the following: " The income or the sums collected from undertakings or companies incorporated abroad and those resulting from the application of the provisions of Article 41 G shall also be included; the presumed income determined in accordance with the rules of this law and the income established in accordance with the provisions of Articles 70 and 71. In the case of communities, the total of their alleged income shall be deemed to be withdrawn in proportion to their respective shares in the good in question. "10) In Article 62: (a) Substitute the second subparagraph by the following:" All the following shall be added: of the amounts received or withdrawn by the taxpayer to any title from the respective company, community or company, in accordance with the provisions of Article 14 (A) and Article 17 (7) of this Law. The tax levied on such income shall be payable in the year in which they are withdrawn from the undertakings or from the outside, provided that they are not excepted as non-constituent amounts of income unless they are part of the gross receipts of the company in accordance with Article 29. " (b) Remove the third indent. 11. in Article 74 (4): (a) In the third subparagraph, replace the words "point (c) of number 1" with the words "number 2". (b) Replace the fourth paragraph with the following: "In the case of quantities determined in accordance with Article 14b, the retention shall be carried out at a rate of 35%, with a deduction from the credit provided for in Article 63." (c) In the penultimate paragraph, replace "35%" by "45%". (12) In Article 84 (1), the following second and third subparagraphs are added in point (i): " Taxpayers whose owners, members, partners or shareholders are exclusively natural persons with domicile or residence in Chile, which is covered by the provisions of Article 14b, may choose to apply as a provisional payment fee, which shall result from adding the effective rate of the supplementary global tax which has affected each of the owners, community, partners or shareholders multiplied by the proportion representing their participation in the the shares or rights in the company, on the taxable income for each of these, all divided by the gross receipts obtained by the company. For these purposes, the effective rate, taxable income and gross receipts for the immediately preceding commercial year shall be considered. The rate to be determined in accordance with this subparagraph shall apply to the gross receipts of the month in which the income statement corresponding to the previous trading year is to be filed and up to the gross receipts of the month preceding the month in which it is due. to present the next income statement. '; Article 3.-Notwithstanding the provisions of the first and second transitional articles, the following provisions shall apply: I.-To taxpayers subject to the first class tax on the basis of an overall balance sheet, full accounting, its owners, community members, partners and shareholders. 1.-Taxpayers subject to the first class tax on the basis of an overall balance sheet, in full accounting, as at 31 December 2016, to be maintained in that scheme, or to start activities from 1 January 2017, apply the following rules, as appropriate: (a) At December 31, 2016, they shall determine in accordance with the rules laid down in the Law on Income Tax in force on that date, and report by declaration to the Internal Revenue Service, which shall be filed before 15 March 2017, in the form determined by resolution, the following background: (i) The balance of profits recorded by the Tax Utilities Fund; an increase as referred to in Articles 54, 56 (3), 62 and 63 of the Act on Income Tax, in accordance with its text up to 31 December 2016, which has affected such sums, and the total amount of credit available against the final taxes as provided for in Article 41 A of the Law on Income Tax, identifying in all cases whether or not the credits indicated are entitled to refund. (ii) The balance of investments, credits and increases referred to in Articles 54, 56, number 3, 62 and 63 of the Income Tax Act, as applicable to 31 December 2016, entered in the register provided for in the second subparagraph of Article 14 (3) (b) of Article 14 of that law. (iii) They must also determine the balance to be recorded by the Non-Tax Utilities Fund, identifying income exempt from supplementary or supplementary global taxes, non-income income and those that were affected by the first category tax as a single category. (iv) The balance of excess withdrawals that appear in the company, with the identification of the partner or transferee who made such withdrawals and who maintains a pending tax. (v) The balance of the difference between the accelerated and the normal depreciation, resulting from the application of the provisions of Article 31 (5) and (5a) of the Law on Income Tax. determines by the difference which results from subtracting the greater amount between the positive value of the financial net worth and the tax capital itself; the positive amount of the sums to be determined in accordance with the number (i) to (iii) above; and the value of the capital effectively contributed to the company plus its increases and less its subsequent decreases, adjusted according to the variation in the price index to the consumer between the month preceding the month in which the contribution is made, increase or decrease and the month before the end of the year. For these purposes, the value of the tax own capital determined in accordance with Article 41 (1) shall be considered. (b) Taxpayers who, as of 1 January 2017, are subject to the provisions of point (A) or (B) of Article 14 of the Income Tax Act, according to their current text of that date, shall apply the following rules: (i) They shall maintain the control of the income or quantities referred to in numerals (i) and (iii) of (a) above, applying for that purpose the provisions of the Law on Income Tax according to their text in force on 31 December 2016. (ii) to determine the income or quantities referred to in point (d) of Article 14 (4)-(a); the eighth indent of point (b) of the same Article; and the numbers 1.-and 2.-of Article 38a According to their text in force at 1 January 2017, they shall be counted against the balance of income or amounts determined for each of the cases covered by those rules, the amount of the income or amounts to be kept registered in accordance with (a), (i), (ii) and (iii) of (a) above, and added to amounts referred to in paragraph (iv) of the same point. (c) Withdrawals, remittances or distributions to be counted from January 1, 2017 shall be charged in the form set out in Article 14 (A) or (B) of the Law on Income Tax, according to its text in force from 1 January 2017. 2017, as appropriate. Withdrawals, remittance or distributions shall be charged in the order laid down in Article 14 (A) and (B) respectively. If the withdrawals, remittance or distributions exceed the remainder from the immediately preceding financial year of the quantities entered in the records set out in points (a) and (c) of the fourth subparagraph of that point (a), or of the quantities concerned the additional or additional global tax maintained by the undertaking and those entered in the register set out in point (a) of point (b) of point (b), as appropriate, the excess shall be charged to the balance of the Tax Utilities Fund, referred to in point (b) (i) of the first subparagraph, after the amounts recorded in the Fund Non-taxable profits referred to in point (a) of (a) above, starting with exempt income and then non-income income. For these purposes, the balance of the taxable and non-taxable profits shall be adjusted in accordance with the change in the price index to the consumer between the month preceding the end of the preceding financial year and the month preceding that of the withdrawal, remittance or respective distribution. When withdrawals, remittances or distributions are charged to the Tax Utilities Fund, the corresponding credit will be allocated, in accordance with Articles 56 number 3 and 63 of the Law on Income Tax, according to its current text up to 31 de December 2016, by the first category tax which has affected such income. Withdrawals, remittances or distributions that are imputed in the form indicated and which are received by other taxpayers of the first category, shall apply the general rules on the matter established in the law on income tax, according to its current text of 1 January 2017, being considered for all purposes as a withdrawal or dividend affected by additional or additional global taxes, received from a company subject to the provisions of point (B) of the Article 14 of the Law on Income Tax, according to its text in force at the date of the withdrawal or dividend . 2.-Reinvestment of profits made through capital contributions to a company of persons, made as of 1 January 2015; and those made through the acquisition of payment actions, regardless of the date of their the acquisition, where the respective rights or shares have not been transferred or have been transferred, or a return of capital has not been effected by the said amounts at 31 December 2016, entered in the balance in accordance with the provisions of the (ii) in point (a) above, they must also be kept in a separate register, provided the the shareholder or shareholder who made the contribution or acquired the shares, the opportunity in which this was done, the type of utility in question and the credit and the increase in the tax of the first category that corresponds to them. Such amounts shall be taxed at additional or additional global taxes, where the taxpayer shares the shares or rights per act between the living, considering that the tax payer has made a taxable retirement equivalent to the the amount invested in the acquisition of the shares or the contributions to the society of the respective persons, being subject in excess to the general rules of this law. The taxpayer may give credit for the First Category Tax paid in the company from which the investment was made, against the Additional or Additional Global Tax that is applicable on the withdrawal, in accordance with the Articles 56 (3) and 63 of the Law on Income Tax, according to their text of 31 December 2016. The same treatment provided for in this paragraph shall have the total or partial returns of capital, and the balance of these amounts to be determined at the end of the taxpayer's turn, in respect of the shares or rights in which the investment. For the purposes of determining the withdrawal and the corresponding credit, the respective sums shall be adjusted in accordance with the change in the Consumer Price Index on the last day of the month preceding that of the payment of the shares or the contributions and the last day of the month prior to the disposal, reduction of capital or end of turn, as appropriate. However, taxpayers who grant or dispose of the social rights or the respective shares may not reinvest the amounts obtained by the sale or disposal. 3.-In the case of the conversion of an individual undertaking into a company of any kind or in the division or merger of companies, the dissolution of a company by the meeting of the total of the rights or shares of a company shall be understood within the latter. (b) the provisions of Article 14 of the Law on Income Tax, as applicable, shall be applied in accordance with the provisions of Article 14 of the Law on Income Tax, as provided for in Article 14 of the Law on Income Tax. that date. The quantities and entries referred to in numbers 1.-and 2. above, which maintain the date of conversion, division or merger, as appropriate, shall be construed as being incorporated into the company which is created or subsist, as the case may be, (a) in respect of the latter the provisions of those numbers. In divisions, such amounts shall be deemed to be allocated in proportion to the tax capital of the company which is divided, determined at the date of division. 4.-The contributors indicated in the previous number 1, who record withdrawals in excess of taxable profits determined in accordance with the rules of Article 14 of the Law on Income Tax, according to their text as of December 31, 2014, which do not correspond to non-constitutive amounts of income or income exempt from supplementary or supplementary global taxes, shall be considered as having been made in the first subsequent financial year in which the undertaking has taxable profits determined in the form referred to in Article 14 (A) (3) (a), in accordance with the text in force; until 31 December 2016. If the taxable profits determined in the 2015 tax year were not sufficient p (a) to cover the amount of excess withdrawals, the remainder shall be deemed to be withdrawn in the following financial year or subsequent to which taxable profits are made. For these purposes, the excess shall be adjusted according to the variation in the Consumer Price Index between the last day of the month preceding the end of the year in which the withdrawals were made and the last day of the previous month. at the end of the financial year in which they are withdrawn for the purposes of this number. In the case of companies, the partners will be taxed with the additional or additional global taxes on the effective withdrawals that they have made in excess of the taxable profits, adjusted in the form already indicated. In the event that the member has alienated all or part of his rights, the referred withdrawal shall be understood as being made by him or the transferee in the corresponding proportion. If the transferee is a public limited liability company, in respect of shares for the shareholders ' participation, or a taxpayer of Article 58, number 1, it shall pay the tax referred to in Article 21, first subparagraph, on the The total amount of the withdrawal. If the transferee is a company of persons, the profits that correspond to it for the application of the withdrawal that is imputed to it will be understood in turn withdrawn by its members in proportion to its participation in the utilities. If any of these is a company, the above rules must be applied again, the profits being charged against the tax of Article 21, first indent, or, being withdrawn by its members and so on, as appropriate. In the case of the conversion of a company into a public limited company, the company must pay the tax of the first item of Article 21 in the year or in the financial years in which taxable profits are made, as provided for by the withdrawals in excess that exists at the time of the transformation. This same taxation shall apply in the event that the company becomes a company in respect of shares, for the participation that corresponds to the shareholders. On withdrawals that are held in excess of December 31, 2016, the taxpayers subject to the provisions of Article 14 of the Law on Income Tax, according to their current text of 1 January 2017, together with apply the preceding rules, where appropriate, shall maintain the registration and control of these items as well as the owners or partners, or transferee where appropriate, which made such withdrawals, imputing to the quantities indicated in the points (a) and (c) of Article 14 (4) (a) of Article 14. In the case of taxpayers subject to the provisions of letter B), of article 14 of the Law on Income Tax, according to their current text to be counted from 1 January 2017, together with applying the rules of the first paragraph of this issue, where appropriate, they shall maintain the registration and control of these items, as well as the owners or partners who made such withdrawals, or their transferee where appropriate, by imputing the income concerned to the supplementary global tax or additional to be generated or collected in the respective financial year, thereby affecting them with respect to taxes, with the right to credit and with the increase of Articles 54, 56, number 3, 62 and 63 of the Law on Income Tax, according to its current text of 1 January 2017. In the case of an excess, the excess shall be charged to the quantities entered in the register (a), (2) (b), (b) and (b) of the same law, and so on, until the balance of the excess withdrawals has been exhausted. For the purposes referred to in the preceding two paragraphs, the balance of the excess withdrawals shall be adjusted in accordance with the variation in the Consumer Price Index on the last day of the month preceding the end of the year in which the made withdrawals and on the last day of the month before the end of the financial year in which they are charged in accordance with this number. In the conversion of an individual employer or in the division or merger of companies, the dissolution of a company by the meeting of the total of the rights or shares of a company in the hands of the same person shall be understood within the latter. made from 1 January 2015, or from 1 January 2017, as the case may be, if the company which becomes the company or the company which is divided or merged, maintains excess withdrawals, the latter shall be kept pending for taxation in the undertaking which is created or subsist. In divisions, excess withdrawals will be allocated in proportion to the tax capital of the society that is divided, determined at the date of division. 5.-The losses which, pursuant to Articles 29 to 33 of the Law on Income Tax, are determined at the end of the commercial year 2016, and which are not absorbed by that date, shall be charged in the following financial years, In the form indicated in number 3, of article 31 of the Law on Income Tax, according to its current text of 1 January 2017. 6.-Taxpayers who declare their effective income according to complete accounting must submit to the Service, in the form and period prescribed by resolution, a declaration informing the value of the capital of its own capital, the capital in fact contributed, plus the increases and decreases of the same, and its readjustments, determined to the same date, as well as the amount of excess withdrawals that they record, among other antecedents. 7.-In the case of the disposal of rights in the company of persons or of shares issued on the occasion of the transformation of a company of persons in a public limited company, for the purposes of determining the greatest value resulting from such an operation, they must be deducted from the value of the contribution or acquisition of the said rights or shares previously occurring at 1 January 2015, as appropriate, those securities, acquisitions or capital increases that have their origin in income that they have not fully or partially paid the taxes of this law, including reinvestments. 8.-Dealing with the disposal of rights in a company acquired on the occasion of the transformation of an anonymous company into a company of persons before 1 January 2015, for the purposes of determining the largest value arising from such an operation, must be deducted from the value of the contribution or acquisition of the said rights, those values of contribution, acquisition or increases of capital that have their origin in income that they have not paid in whole or in part taxes of this law. 9.-In the case of taxpayers who declare on the basis of their actual income according to complete accounts, subject to the provisions of Article 14 (A) or (B), that they maintain a balance of income or quantities of those to which they are referred to (i) to (iv), (a), (a), (1) and (1) above, which end their rotation as from 1 January 2017, whichever is the case, whether declared by the taxpayer or when the Service pursuant to the fifth subparagraph of the Article 69 of the Tax Code, may liquidate or rotate the corresponding taxes, must apply the rules established in Article 38a of the Law on Income Tax, according to its current text of 1 January 2017, in addition to the following special rules: (a) Taxpayers who declare on the basis of their actual income according to full accounts subject to the provisions of Article 14 (A) shall, in order to be affected by additional or additional global taxes, the quantities referred to in point (a) of Article 58 (1) to their owners, the taxpayers of Article 58 (1), members or shareholders in the form referred to in Article 14 (3) (a) or (b) of Article 14, as appropriate; the right to credit provided for in Article 56 (3) and (63), allocated on those sums in the form in point (f) of Article 14 of the Law on Income Tax, as set out in Article 14 of the Law on Income Tax, as set out in point (f) of Article 14 of the Law on Income Tax, as well as the amount of the credit referred to in Article 14 (1) of the Act of point (a), of the previous number 1, allocated in the form laid down in the rules laid down therein. These amounts correspond to the greater amount to be determined between the cumulative balance of the taxable profits referred to in point (a) of point (a) of the preceding number 1 and the positive differences to be determined between the the value of the taxpayer's own tax capital, according to its value at the date of the drawing-up in accordance with Article 41 (1), plus the excess withdrawals referred to in point (a) of point (a) of Article 41 (1).- prior to that date, and the following quantities: (i) the positive balance of the amounts entered in the records referred to in points (a) and (c) of Article 14 (4) (a); (ii) the amount of capital contributions actually entered into the undertaking plus the increases and discounted the subsequent decreases that have been made, all adjusted according to the percentage of variation of the Consumer Price Index between the month before the date of contribution, increase or decrease in capital; and the month before the end of turn; (iii) the cumulative balance recorded in the quantities indicated in the numeral (iii), in point (a), of the preceding number 1. In the case of income attributed to taxpayers in the first category, they shall in turn attribute or compute the income attributed to them by applying the (a) the rules laid down in Article 14 (A), (B) or (C), as appropriate. On the other hand, the income or quantities which are maintained in accordance with point (a) of point (a) of point (a) of the preceding number 1 shall be taxed in the form specified in the preceding number 2. (b) Taxpayers who declare on the basis of their actual income according to full accounts subject to the provisions of Article 14 (B) shall consider withdrawals, remesadas or distributed income or accumulated amounts in the company indicated in the following paragraph, by its owners, contributors to Article 58, number 1, community members, shareholders or shareholders, in the proportion in which they participate in the profits of the company, to be affected by the taxes additional or additional global. These amounts correspond to the greater amount to be determined between the cumulative balance of the taxable profits referred to in point (a) of point (a) of the preceding number 1 and the positive differences to be determined between the the value of the taxpayer's own tax capital, according to its value at the date of the drawing-up in accordance with Article 41 (1), plus the excess withdrawals referred to in point (a) of point (a) of Article 41 (1).- prior to that date, and the following quantities: (i) the positive balance of the amounts recorded in the register referred to in point (b) of Article 14 (b); (ii) the amount of capital contributions actually entered into the undertaking plus the increases and the discounted amounts; subsequent decreases that have been made, all adjusted according to the percentage of variation of the Consumer Price Index between the month before the date of contribution, increase or decrease in capital, and the previous month (iii) the cumulative balance to be recorded in the quantities referred to in the number (iii) of the point (a) of the preceding number 1. These taxpayers will be taxed for those income or amounts with a tax of 35%, which will have the sole character of this law in respect of the company, employer, community, partner or shareholder, without the provisions of the Article 54 (3). Against this tax, the balance of credit laid down in Article 14 (B) (b) of Article 14 may be deducted. However, in the case of the accumulated credit balance established in the number (i) of that point, the credit referred to shall apply only up to 65% of its amount. They shall also be entitled to the credit referred to in point (a) of point (a) of the preceding number 1, allocated in the form laid down in the rules laid down therein. However, the tax which has been applied on the part of the income or amounts corresponding to owners, community members, shareholders or shareholders required to declare their income in full accounting, subject to the provisions of the Article 14 (A) or (B) shall be incorporated in the accumulated credit balance provided for in point (f) of point (a) of point (a) and point (b) of point (b) of point (b) of point (b) of the said article. On the other hand, the income or quantities which are maintained in accordance with point (a) of point (a) of point (a) of the preceding number 1 shall be taxed in the form specified in the preceding number 2. 10.-The taxpayers referred to in the first paragraph of Article 14 of the Law on Income Tax, who have commenced their activities until before 1 June 2016, shall exercise the option referred to in the second to the sixth of that Article, according to its current text of 1 January 2017. Such contributors should exercise the option within the months of June to December 2016, and for this purpose, individual entrepreneurs, individual limited liability companies and the contributors to Article 58, number 1, shall be required to present to the Service, at the indicated opportunity, a statement subscribed by the taxpayer. In the case of communities, the option will be exercised by submitting the said declaration, signed by all the members of the community. In the case of companies of persons, companies for shares and limited liability companies, the option shall be exercised by submitting the declaration signed by the company, accompanied by a public deed stating the agreement of the entire the shareholders or shareholders. In the case of open anonymous companies, the option shall be approved by an extraordinary meeting of shareholders, with a quorum of at least two-thirds of the shares issued with the right to vote, and shall be effective by submitting the signed declaration. by the company, accompanied by the minutes reduced to public deed of such a meeting, which has previously fulfilled the solemnities laid down in Article 3 of Law No 18,046. Where the entities or persons referred to in this paragraph act through their representatives, they shall be particularly empowered to exercise the option identified. Taxpayers who start activities as of June 1, 2016, shall exercise that option within the time limit set by Article 68 of the Tax Code, in the declaration to be submitted giving the corresponding notice. The Internal Revenue Service shall determine by resolution, the formalities to be completed by the declaration referred to in this issue. 11.-Optional system of taxation on accumulated income and excess withdrawals. 1.-Of the tax. Taxpayers subject to the first class tax on the basis of an overall balance sheet, according to full accounts, which have commenced activities before 1 January 2013, and which at the end of the 2014 marketing year maintain a balance of profits not withdrawn or distributed pending taxation with supplementary or additional global taxes, determined in accordance with the provisions of Article 14 of the Law on Income Tax, according to its current text On that date, they may choose to pay a tax of that law, a substitute tax of the final taxes, on a portion of such profit balances, applying the following rules to the effect: (a) The tax shall apply on that part of the balance of the taxable profits not withdrawn or distributed at the end of the year commercial 2014, that the taxpayer chooses to accept the tax treatment established in this article. Such an option may be exercised during the commercial year 2015, by means of the declaration and payment of the tax through the form established for such purposes by the Internal Revenue Service by resolution. (b) The tax provided for in this Article shall be applied with a rate of 32%, up to that part of the balance of accumulated profits exceeding the average annual amount of the total withdrawals, remittances or distributions that have been made annually from the company during the commercial years 2011, 2012 and 2013, or the part of these that corresponds to the commercial years of effective existence of the company. (c) The provisions of this Article shall not be covered by the balance which the undertaking has recorded arising from the differences between the normal depreciation and the accelerated rate laid down in Article 31 of the Law on Income Tax. nor in respect of those sums which have been received as investments in accordance with point (c) of Article 14 of the Law on Income Tax, in Article 14 of the Law on Income Tax 2014. (d) Against the tax established by this number, the deduction of the first class tax credit established by Articles 56 number 3 and 63 of the Law on Income Tax, which has affected the said amounts, the taxable amount of the tax referred to in this Article must be increased in a quantity equivalent to that credit, in accordance with Articles 54 and 62 of the same law. (e) In order to determine the cumulative profits referred to above, the order of imputation laid down in Article 14 (3) (a) of the Law on Income Tax is to be applied, in the first instance the limit which is set out in point (b) above. (f) Utilities which comply with the provisions of this Article in accordance with the above rules shall not be deemed to be withdrawn, distributed or remesed by the taxpayers of supplementary or additional global taxes, as the case may be. (g) However, with the declaration and payment of the said substitute tax, the taxation of income tax in such quantities shall be fully understood and must therefore be deducted from the register of taxable profit referred to in point (a) of Article 14 (3) (A) of the Income Tax Act and entered in the register provided for in point (b) of point (b) of that provision as non-constituting income from the day on which it is make the tax return and return. At the time of the withdrawal, distribution or effective remittance of such amounts, the rules of imputation that the Law on Income Tax, in force to that date, will apply. (h) When the taxpayer of the supplementary or additional global taxes so request, the respective company must certify that the withdrawals, distributions or remittances that are made out of the profits that have been affected with this tax, have been taxed with such taxes by the application of this substitute tax regime. (i) the withdrawals made by the partners from the undertaking during the 2015 marketing year, and those for the investments referred to in the letter; (c) of Article 14 (1) (A) shall be affected by the additional or additional global tax up to an amount equal to 50% of the income affected by the tax in this Article, provided that they are not imputed to the amounts referred to in point (b) of point (a) of Article 14 (b). 2.-The tax established in the number 1.-above cannot be deducted as expenditure on the determination of the taxable income of the First Category of the Law on Income Tax, being considered as a departure from those mentioned in the Article 21, second indent, of that law, according to the text of that legal provision in force at the date of publication of this law. 3.-Without prejudice to the foregoing, the companies, communities and companies that, since 1 January 2014, are exclusively made up of natural persons contributing to the complementary global tax, who have started activities prior to January 1, 2013, and that at the end of the commercial year 2014 maintain a balance of profits not withdrawn or distributed pending taxation with the tax referred to, they may choose to pay by way of tax of that law, a (a) the replacement of the final tax, on a part of those profit balances, applying the above rules to the effect, with the exception of point (b). The tax, in this case, will be applied with a rate equivalent to the weighted average, according to the participation that each partner, community or shareholder maintains in the company, of the highest rates of the complementary global tax that has affected in the tax years 2012, 2013 and 2014. The tax may be applied up to that part of the balance of the accumulated profits that exceed the average annual amount of the total withdrawals, remittances or distributions that have been made annually by the partners, community members, or shareholders of the company during the commercial years 2011, 2012 and 2013, or of the part of these that corresponds to the commercial years of effective existence of the company. Without prejudice to the application of point (d) of the first subparagraph of point (d), the application of the tax in question by this number shall in no case give the right to refund of the excess of credit provided for in Article 56 (3), of the Law on Income Tax that can eventually be determined. 4.-The taxpayers referred to in the preceding number 1, who at the end of the year 2014 register excess withdrawals, may choose to tax a part or the total of such excess withdrawals, provided that they have been effected by prior to 31 December 2013. Such an option may be exercised during the commercial year 2015, and the tax which will have the sole and substitute character shall be declared and paid in the form which the Internal Revenue Service establishes for such purposes by resolution, applying a rate of 32%. With the tax declared and paid, the tax obligations which may affect the members who have made such withdrawals or their transferee, or of the public limited companies which are required to pay the single tax established in the Member State, shall be extinguished. Article 21 of the Law on Income Tax, where a transformation of companies has been effected, if any. II.-By way of derogation from point (b) of the first transitional article, taxpayers who until 31 December 2014 are covered by the provisions of Article 14a of the Act on Income Tax may be retained. (a) to be granted to the Commission in respect of the following: For that purpose, the provisions of Articles 2 (1), 2 (2), 14 (a), (21), (40), (6), (54), (62), (84) (g), 91 and other related rules in force until 31 December 2014 shall remain in force only in respect of taxpayers. referred to and for the period indicated. Taxpayers who in this way remain in accordance with the provisions of Article 14a of the Law on Income Tax until December 31, 2016, and their owners, community members, members and shareholders, shall apply the following rules: 1. The rules governing the taxation of Article 14 of the Law on Income Tax applicable from 1 January 2017 shall be construed as being incorporated into the system of taxation, and shall apply at the end of the financial year immediately preceding the provisions of the second, third, ninth and final of Article 14a, in accordance with its current text, for such purposes, as at 31 December 2016. Within the time limit and in the form referred to in the second subparagraph, of the number 10.-, of the number I-anterior, they may choose to avail themselves of the provisions of (A) or (B), of the new Article 14 of the Law on Income Tax which the article establishes 1 ° of this law. (2) Income which, in accordance with the above, is determined on 31 December 2016, shall be deemed to be part of the balance of the income tax at the same date and shall be affected by the additional global tax or In addition, without the right to the credits of Articles 56, number 3), and 63 of the Law on Income Tax, in the form indicated in the number I.-above. Notwithstanding the foregoing, if at 31 December 2016 the taxpayer records a remainder of the credit referred to in Article 1 of the transitional provisions of Law No 18,775, the latter shall be deemed to be the credit for the first tax. category in respect of the income to be incorporated in the register referred to in the preceding paragraph. For this purpose, the following procedure shall apply: i.-The remaining amount of credit determined at 31 December 2016 shall be allocated to the whole or part of the profits to be incorporated in the register, divided into the following: effect per 0.25. The result to be determined shall correspond to the balance of profits entitled to the first-rate tax credit, with a rate of 25%, without prejudice to the following. ii.-If the balance of profits entitled to the credit determined by application of the provisions of the literal i.-exceeds the amount of income or amounts determined by the taxpayer when leaving the regime of Article 14a according to the (1) above, only profits with the right to credit are recorded until the latter, the portion of the credit for the first class tax which is not part of the profits to be paid out is extinguished. register. iii.-If the balance of profits entitled to the credit determined by this route is lower than the income determined by the taxpayer upon exit from the Article 14a regime, only profits with the right to credit for tax shall be considered First category, the amount of the utilities determined according to the literal i.-above. The difference shall correspond to the non-credit utility, as referred to in the first subparagraph of this number (2). iv.-At the time when such income is withdrawn, remesed or distributed, in accordance with the provisions of the preceding number I, the taxpayer may choose to impute the profits with or without the right to the credit indicated, as it deems appropriate. (3) Such taxpayers may choose to avail themselves of the new regime set out in Article 14b, replaced by Article 1 (6) of this Law, provided that they comply with the requirements and formalities laid down by that rule, according to their text in force to be counted from 1 January 2017. In the latter case, the income to be determined by application of the second, third, ninth and final points of Article 14a, in accordance with the text in force for these purposes on 31 December 2016, shall be taxed at the end of the year. Article 38 (a) of the Law on Income Tax, according to the text of this rule in force on that date. (4) These taxpayers shall inform the Service, in the form and time limit set out by resolution, of the differences between the tax capital determined on 31 December 2016, the initial capital, and the balance of profits and credits to be determined in accordance with the previous number 2. III.-To the taxpayers covered by the provisions of Article 14b of the Law on Income Tax, according to their text as of December 31, 2014, their owners, community members, members and shareholders. (1) Taxpayers who have received the former regime established in Article 14b of the Law on Income Tax, according to their text in force at 31 December 2014, which is replaced from 1 January 2017 by Article 6 (6) of the Article 1 ° of this law shall be construed as being fully entitled to the new regime of Article 14b, as laid down in Article 14b), of the second article of the transitional provisions, as from 1 January 2015, without prejudice to the following: compliance with the requirements laid down in the new provision, in order to be maintained in that scheme. Without prejudice to the foregoing, the taxpayer may be incorporated into the general scheme provided for in Article 14, after the date indicated, for which he shall apply the provisions of Article 14b (5) and (6), according to his text in force count from 1 January 2015. (2) Taxpayers who, as at 31 December 2016, are obliged to declare their actual income according to full accounting, and maintain a balance of profits not withdrawn, nor remesadas or distributed pending taxation with the additional or additional global taxes, as determined in accordance with Article 14 (A) of the Law on Income Tax, in accordance with the text in force on that date, and opt for the provisions of Article 14b, from 1 January 2017, they shall consider in full withdrawals, remesadas or distributed such quantities at the end of the financial year preceding the entry into the simplified scheme, in order to be affected by the additional global taxes or In addition, as appropriate, the rules of the Law on Income Tax according to its current text apply to this effect. (3) The taxpayers covered by the former regime established in Article 14b of the Law on Income Tax, according to their text in force at 31 December 2016, which is replaced from 1 January 2017 by number 6), of the article 1, of this law, shall be deemed to be fully entitled to the new Article 14b regime from 1 January 2017, provided that they comply with the requirements laid down in the rule in force until 31 December 2016, without prejudice to the they must subsequently comply with the requirements laid down in the new provision, in order to maintain regime. Without prejudice to the foregoing, the taxpayer may be incorporated into the general scheme provided for in Article 14, after the date indicated, for which he shall apply the provisions of Article 14b (5) and (6), in accordance with his current text. to be counted from 1 January 2017. 4. accrued income and expenses due on 31 December 2014 shall not be recognised by the taxpayer at the time of his or her subsequent collection or payment, as appropriate, without prejudice to his or her obligation to register and control Article 14b of the Law on Income Tax, which is valid for 1 January 2015. IV.-Whereas the new article 34 of the Law on Income Tax governs to count from January 1, 2016, the taxpayers who have received a regime of presumed income from the Law on Income Tax, according to their text in force at December 31 2015, its owners, community members, partners and shareholders will have to apply the following rules. Taxpayers who, as of 31 December 2015, are eligible for the income tax regime set out in Articles 20, number 1, point (b); 34 and 34 bis of the Income Tax Act, according to their current text the date, and at the same time, do not comply with the new requirements contained in article 34 of the Law on Income Tax, according to its current text of January 1, 2016; or, being welcomed to the provisions of this last article to be counted from 1 January 2016, choose to abandon the regime of presumption of income or cease to comply the requirements to be maintained in the case, must in such cases declare their effective income on the basis of complete accounting, recording their assets and liabilities in the initial balance sheet which they must draw up for the purpose of 1 January of the year 2016, or 1 January of the year following that in which they have chosen to leave or no longer meet the requirements to be kept in the same, as appropriate, in accordance with the following rules: (1) Taxpayers operating real estate farm. (a) Agricultural land shall be recorded by its tax guarantee at the initial balance sheet date or by its adjusted acquisition value according to the variation in the consumer price index between the last day of the month preceding the acquisition and the last day of the month preceding the initial balance, at the rate of the taxpayer. (b) Other physical assets of the fixed assets shall be recorded for their purchase or construction value, duly documented and updated in accordance with the variation in the consumer price index between the last day of the month preceding that of the the acquisition or disbursement and the last day of the month preceding that of the balance sheet, deducting the normal depreciation corresponding to the same period in accordance with the provisions of Article 31 (5) of the Law on Income Tax, text in force to be counted from 1 January 2016. c) The cost value of the assets of the realisable asset will be determined in accordance with the rules of Article 30 of the Law on Income Tax, according to the corresponding documentation, and will be updated at its replacement cost as the rules contained in Article 41, number 3, of the same law. (d) The plantations, sowing, goods harvested in the premises and animals born in it, shall be valued at their cost of replenishment at the date of the initial balance, considering their quality, the state in which they are located, their actual duration to be counted date, and their relationship to the value of similar goods in the same area. (e) Other assets of the asset shall be recorded for their cost or acquisition value, duly documented and updated in accordance with the rules of Article 41 of the Income Tax Act, according to their current text of 1 January 2016. (f) Liabilities shall be recorded according to their amount payable, duly documented and updated in accordance with the rules of Article 41 of the Law on Income Tax. (g) Liabilities to credit operations may only be recorded if the stamp duty and stamp duty have been paid in due time, unless they are expressly exempt from the stamp duty. (h) The positive difference to be determined between the assets and liabilities recorded in the form indicated above shall be considered as capital for all legal purposes. If the difference is negative, in no case can it be deducted in accordance with Article 31, number 3, of the Law on Income Tax. 2) Taxpayers who develop mining activities. These taxpayers shall apply the rules laid down in points (a) to (h) of the preceding number (1), with the exception of point (d). The provisions of point (a) shall apply in respect of the land owned by the taxpayer which has been allocated to its mining activity. 3) Taxpayers who develop the transport activity. These contributors shall apply the rules laid down in points (a) to (h) of the preceding number 1, with the exception of point (d), subject to the following amendments: The provisions of point (a) shall apply in respect of land non-agricultural, owned by the taxpayer, which have been destined for their transport activity. For the purposes of point (b) of this Article, the vehicle may be registered as a passenger or passenger car in accordance with its current value in the place specified by the Service in the financial year preceding the year in which it is they must determine their income according to complete accounting. This value shall be updated by the variation in the price index to the consumer between the last day of the month preceding the publication of the list containing the current value in the Official Journal and the last day of the month preceding that of the month preceding the month of the month preceding the month of the month. the closure of the financial year in which the list was published. 4) Common rules. (a) For all tax purposes, it shall be presumed that the assets included in the initial balance sheet have been acquired with income that was taxed prior to the validity of this law. The Service may reduce the values recorded in the initial balance sheet, using the procedure laid down in Article 64 of the Tax Code, in all cases where the value of the taxpayer does not meet the requirements indicated in this number IV) or is not credited to the credit. The differences to be determined by application of that power shall not be affected by the provisions of Article 21 of the Law on Income Tax. (b) The taxpayers referred to in this issue, in respect of the physical assets of the fixed assets existing at the date of the initial balance sheet, may apply the accelerated depreciation scheme set out in numbers 5 and 5a, both of which Article 31 of the Law on Income Tax, as long as they meet the requirements for this purpose, according to their current text of January 1, 2016. (c) The first commercial year in which they are required to declare their effective income by balance sheet, according to complete accounting, the taxpayer shall give notice of this circumstance to the Service, in the form and time limit which it establishes by resolution, the initial balance sheet referred to in the first subparagraph of this issue must be accompanied. The absence of such notice shall apply the limitation period referred to in Article 200 (2) of the Tax Code. (d) the revenue to be collected from the time the taxpayer is required to determine his or her actual income according to full accounts, and which correspond to contracts or transactions concluded before that date, shall be considered in the exercise of their perception unless they have been invoiced and delivered the goods or services, when the taxpayer was still under the alleged income scheme, in which case the general rules on accrual will be in place. (e) the disposal of all or part of agricultural premises, or of all or part of the mining property carried out by the taxpayer referred to in this number IV), in the year immediately preceding the year in which they are to operate under the scheme (a) to be paid in accordance with Article 1 (1) (a) of Regulation (eu) No No 1 of the European Community and of the Council of the European Community, of the other part of the European Community; The same rule shall apply in respect of the enajenations made by the latter in the abovementioned financial years. The provisions of this point shall also apply where, in the course of the financial years indicated, the taxpayers give up the whole or part of the agricultural premises, the whole or part of their belongings or any other title of a mere holding ground load transport vehicles or of passengers. In such circumstances, the tenant or sole holder shall also be subject to the effective income scheme according to full accounting. It shall apply in respect of the provisions of this paragraph as prescribed in Article 75a of the Tax Code; however, in such cases, the person, landlord, landlord or person who, on the basis of a mere possession, delivers the property, the property or the vehicle (a) it may comply with the obligation to inform its tax system until the last working day of the month of January of the year in which it is required to begin to determine its actual income according to full accounting. In this case, the information to the acquirer, tenant or sole holder shall be made by registered letter addressed through a notary to the address which he has indicated in the contract and, in the same way, to the Regional Director of the Service corresponding to the same address. The Service may investigate whether the obligations imposed on the parties by any contract in which agricultural premises, mining belongings or shares in mining legal companies are held, are effective, if these obligations have actually been met. or if what a party gives under an onerous contract is proportionate to the current value in the market, to the date of the contract. If the Service considers that these obligations are not effective or have not actually been fulfilled, or that what one of the parties gives is disproportionate to the current value in place, it shall settle the corresponding tax. If, in the opinion of the National Director of the Service, the operation in question represents a way of evading the change of the income regime presumed to be effective, or a way to divert future operations from the latter regime to the former, or the unjustified bulging of non-constitutive income or other action which may be framed within the type prescribed in Article 97, number 4, of the Tax Code, shall initiate the corresponding criminal or civil actions. 5) Accounting systems which may be used to credit effective income. a) Full accounting system. For these purposes, the provisions of the Code of Commerce, the Tax Code and the Law on Income Tax shall apply, in so far as they are relevant. Taxpayers who carry out agricultural activities must also apply the provisions of the Supreme Decree No 1,139 of 1990 of the Ministry of Finance, which lays down the Agricultural Accounting Regulation, applicable to taxpayers who they are obliged to declare their effective income according to full accounting. Taxpayers who exploit mining property must apply the provisions of the Supreme Decree No 209 of 1990 of the Ministry of Finance, which lays down rules on how to determine the part of the acquisition value of such assets. property to be incorporated in the direct cost of the mineral extracted. b) Simplified accounting system. The taxpayers mentioned in this number IV), to count the year in which they are required to declare their effective income, in accordance with the provisions of Article 34 of the Law on Income Tax, according to their current text of 1 January 2016, may benefit from the simplified scheme provided for in Article 14b of the same law, provided that at the time of incorporation they comply with the requirements laid down by the latter rule. (6) First disposal of agricultural land after the change to an effective income scheme. The first disposal of the agricultural premises which, as of 1 January 2016, are carried out by the taxpayers under the provisions of Article 20 (1) (b) of the Income Tax Act until 31 December 2015, according to their text in force at that date, which are to be taxed on an effective income determined according to complete accounting, pursuant to the provisions of Article 34 of the Law on Income Tax, according to its current text, shall be subject to the following rules: 1.-The disposal value, including the adjustment of the price balance, shall be non-constitutive income character up to the concurrence of any of the following amounts at the choice of the taxpayer: (a) The acquisition value of the respective pre-gave adjusted in the percentage of variation experienced by the taxpayer. Index of Consumer Prices between the last day of the month preceding the acquisition and the last day of the month preceding the end of the commercial year preceding the year in which the sale takes place. (b) the tax on the date of disposal. (c) The commercial value of the property determined according to the valuation that, to this effect, practices the Internal Revenue Service. The taxpayer may claim such valuation in accordance with the rules laid down in Article 64 of the Tax Code. The rule of this point shall not apply to the provisions which are made after the entry into force of the first property valuation of the first series, which is made after 1 January 2016, in accordance with the provisions of the provided for in Article 3 of Law No 17.235. (d) The commercial value of the property, including only the goods covered by Law No 17.235, determined by an agronomist, forestry or civil engineer, with at least ten years of professional title. This value must be approved and certified by an audit firm registered in the Superintendence of Banks and Financial Institutions or by an asset-valued company, as indicated in the following number 2. Without prejudice to the value of the agricultural advance recorded in the initial balance sheet, as referred to in point (a) of the preceding number 1, the assessment referred to in this point shall be made during the first year in which the taxpayer determine their effective income, according to full accounting. The difference between the value entered and the value of the valuation shall be recorded in an asset account separately from the assets being credited to a deferred income account. Both the asset account, and the deferred income account, must be readjusted at the end of each trading year, in the percentage of variation experienced by the Consumer Price Index between the last day of the month preceding the acquisition or prior to the last balance sheet, as appropriate, and on the last day of the month preceding the end of the respective trading year. The difference referred to in the preceding paragraph shall only be part of the cost of the purchase of the price paid if the disposal of such goods is effected after the third calendar year counted from the date on which the goods were sold. The change to the effective income regime, according to full accounting. In such cases, deferred income shall be recognised as a non-constitutive income from the year in which the disposal occurs. If the disposal is carried out before the deadline referred to in the preceding paragraph is met, it shall be cost only, the acquisition value recorded in accordance with the provisions of point (a) of the preceding number (1), adjusted in accordance with the provisions of the Article 41 (2) of the Income Tax Act, in which case the taxpayer shall reverse the assets and deferred income accounts recorded at the time of the assessment made in accordance with this letter. Any assessment carried out in accordance with this letter shall be communicated by the audit firm or appraiser by registered letter to the person concerned and to the Regional Directorate of the Internal Revenue Service. The audit firms or appraisers and the professionals referred to in the first paragraph of this letter shall be jointly and severally liable with the respective taxpayers for the differences in taxes, adjustments, interest and fines, which are determined in against those due to valorizations made in dolous or negligent form. For these purposes, the citations or liquidations to be applied to the taxpayer shall also be reported to the audit firm or the appraiser and the respective professional. The professionals referred to in the first paragraph must be registered in the register which the Internal Revenue Service will take. The Service shall provide the necessary instructions for this purpose. 2.-The recovery option set out in point (d) above may be approved and certified by an asset valuer authorized by the Internal Revenue Service or an audit firm. Asset appraisers shall be organised as companies of persons whose sole purpose is to carry out valorisations for the purposes referred to in those provisions. These companies must be made up exclusively of natural persons, with a maximum of ten. The paid capital of these companies shall be equal to or greater than 800 monthly tax units at the time of their establishment. 3. -However, the repeal of the transitional rules of Law No 18,985, made by Article 17 of this Law, for the purposes of applying the rules laid down in the numbers 1.-and 2. above, shall remain in force on Decree No 970, of the Ministry of Finance, of 1991, which regulates the constitution and the way in which the audit firms and audit firms concerned the repealed Article 5 ° of Law No 18,985. In this way, any reference in that regulation to the numbers 1.-or 2.-of the repealed Article 5 'transitional' shall be understood as having been given to the numbers 1.-or 2.-, above. 4.-The same rules may be applied to the same rules as before 1 January 1991, and may have been taxed on an actual income determined in accordance with the rules laid down in Article 20 (1). (b) of the law on taxation of R (a) in the terms laid down in the repealed Article 5 of Law No 18,985. 7) Form of calculating the presumed income for the purposes of supplementary or additional global taxes. The presumed income corresponding to the commercial year 2016, determined in accordance with the rules of Article 34 of the Law on Income Tax, according to its text in force during the same period, in the case of societies and communities, will be understood withdrawn by the shareholders, shareholders or members, in proportion to their share in the profits; to the number of shares; or to their respective shares in the good in question, as appropriate, for the purposes of point (B) of the Article 14, and Articles 54 and 62 of that law. V) Remainer of tax credits paid abroad. Taxpayers who on January 1, 2017 hold remaining credits against the tax first category for taxes paid abroad, as provided for in Articles 41 A and 41 C of the Law on Income Tax, according to its text in force on 31 December 2016, may be deducted from the first class tax to be determined by the profits obtained from the 2017 commercial year. The excess to be determined in the 2017 commercial year shall be incorporated as part of the accumulated credit balance set out in point (f) of point (a) or (b) of point (b) of point (b) of point (b) of both Article 14, corresponds. In any event, the taxpayer shall maintain a separate check on that part of the accumulated credit balance made up of these credit surpluses and of the first category tax covered by the foreign credit, to which they are apply the provisions of Article 41 (7) (a) of Article 41 (a) to the final tax credits laid down in the legal rules referred to above, which are retained in the undertaking together with the taxable profits to which the access, may be charged against additional or additional global taxes, as appropriate; serious to the withdrawals, remittances or distributions of the aforementioned taxable profits, in the form indicated in the number I.-above. (VI) Investments under Article 57a. 1) Taxpayers who have made investments prior to the 2015 commercial year pursuant to Article 57a of the Income Tax Act, and maintain such investments until 31 December 2016, as of 1 January 2016 2017, date of repeal of the said standard, shall be entitled to the credit established in that article only by the part corresponding to unused net positive savings remaining, to be determined as at 31 December 2016, the annual amount of which is not may exceed the amount less than 30% of the taxable income of the person or 65 tax units annual, according to their value at 31 December of the respective year. The net saving balance exceeding the amount indicated shall be the remainder for the following financial years, which may be used up to its total extinction, and must be readjusted according to the variation of the Consumer Price Index between the last day of the month before the end of the preceding financial year and the last day of the month preceding the end of the financial year concerned. Withdrawals from 1 January 2017 shall be subject to the provisions of the repealed Article 57a of the Law on Income Tax, in accordance with its text as of 31 December 2016. It shall be considered for the purpose of meeting the time limit laid down in Article 5 (5) of that Article, which also produces a net positive saving of 1 January 2017 if the taxpayer does not make any money or withdrawals from that date, until it complies with the deadline set out in that number. Investments or deposits that are made as of January 1, 2017 shall be recorded separately by the receiving institutions and shall in no case be considered for the determination of net savings. 2. Taxpayers covered by Article 57a, starting in the year 2015. The taxpayers who, in respect of the year 2015, are in accordance with Article 57a, for investments made from that year, shall apply the provisions of that Article, with the following exceptions: (a) Determination of net savings of the year, orders or withdrawals shall be considered only for the amount of capital rotated or withdrawn, excluding capital gains or profitability associated with each withdrawal. (b) The profit or return on capital or profitability which has been obtained in the respective year, corresponding to the orders or withdrawals made by the taxpayer, shall be subject to the supplementary global tax, in accordance with the provisions of Articles 52 and the following of the law on Income Tax. (c) the same rules as set out in the previous No 1 shall apply in respect of the unused net positive savings remaining to be determined as at 31 December 2016. (d) The period referred to in Article 57a (5) shall be completed, the withdrawals from that period shall be subject to the provisions of that number, considering both the capital and the profitability obtained in the amount removed. For the purposes of complying with the time limit laid down in Article 5 (5) of that Article, a net positive savings shall be deemed to be incurred as from 1 January 2017 if the taxpayer does not make any money or withdrawals from that date until such time as comply with the deadline set out in that number. The receiving institutions shall inform the Service, in the form and time limit laid down by resolution, of the remaining net savings not used by the taxpayer, the net saving of the financial year, investments, deposits, money orders, withdrawals and Gains or returns obtained. (VII) Credit provided for in Article 33a. Taxpayers who, in accordance with the provisions of Article 4 of the transitional provisions of Law No 19,578, maintain at 31 December 2016 any remaining credit for acquisitions or construction of physical assets of the asset (a) fixed assets may be imputed to the first class tax to be determined from the trading year following that date. In respect of acquisitions, constructions or contracts that are made or subscribed from January 1, 2017, the provisions of Article 33a of the Law on Income Tax will apply, according to their text in force on that date. By way of derogation from the first transitional article of this law, for a period of one year from the first day of the month following the date of publication of the law: (1) Those taxpayers who in the three years preceding that in which the acquire, finish building, or lease with an option to purchase, as appropriate, record an average annual sales not exceeding 25,000 units of promotion, shall be entitled to the credit established in that Article with a percentage of 8%. For this purpose, annual sales shall be expressed in promotion units, taking into account the value of the monthly income, according to the value of the promotion unit at the end of each month. If the company has an existence of less than 3 years, the average shall be calculated by considering the actual existence. In all other matters, the rules laid down in Article 33a of the Law on Income Tax shall apply. 2) Those taxpayers who, in the three years preceding the one in which they acquire, finish building, or take on tenancy with purchase option, as appropriate, record an average annual sales of more than 25,000 promotion units and which does not exceed 100,000 units of promotion, shall be entitled to the credit set out in that Article with the resulting percentage It will increase by 8% to the result of dividing 100,000 fewer annual revenues over 75,000. For this purpose, the annual sales shall be expressed in units, which shall be considered to be the value of the monthly income, according to the value of the promotion unit at the end of each month. If the company has an existence of less than 3 years, the average shall be calculated by considering the actual existence. If the percentage that results is less than 4%, it shall be the latter percentage which shall apply for the determination of the credit referred to. In all other matters, the rules laid down in Article 33a of the Law on Income Tax shall apply. (VIII) By way of derogation from point (b) of the first transitional article, taxpayers who until 31 December 2014 are covered by the provisions of Article 14c of the Act on Income Tax may to be kept under that taxation scheme until 31 December 2016. For this purpose, the provisions of Articles 14c, 40 (7) and 84 (i) and other related rules in force until 31 December 2014 shall remain in force only in respect of the taxpayers concerned and for the period indicated. IX) Variable rate for the determination of the monthly provisional payments. (1) For the purposes of the second subparagraph of Article 84 (a) of the Law on Income Tax, taxpayers shall recalculate the tax of the first category with the tax rate for each calendar year, to determine the percentage to be applied to gross receipts for the months of April 2015 to March 2016, April 2016 to March 2017, April 2017 to March 2018 and April 2018 to March 2019, as appropriate. 2) Taxpayers who in the 2014, 2015 and 2016 commercial years have earned income from the turn over the value equivalent to 100,000 units of foment or, depending on the value of the year at the end of the financial year, for the purposes of determining provisional payments for gross receipts for the months of January, February and March of calendar years 2015, 2016 and 2017, as appropriate, the The percentage applied during the month of December immediately above shall be adjusted by multiplying it by the factors 1,071, 1,067 and 1,042, respectively. In the case of taxpayers subject to the provisions of Article 14 (B) of the Law on Income Tax, according to their current text of 1 January 2017, for the purposes of determining provisional payments for income For the months of January, February and March of the calendar years 2017 and 2018, as appropriate, the percentage applied during the month of December immediately preceding shall be adjusted by multiplying factors 1.063 and 1.059. respectively. (3) The rate of the monthly provisional payments of the first class tax paid by taxpayers covered by the provisions of Articles 14b and 14c to be declared and payable for gross receipts shall be temporarily reduced. received or accrued from the month following the month of publication of this law and up to the following 12 months, including the latter, from 0,25% to 0,2%. (4) Provisional payments to be paid by tax payers of the first class tax whose variable rates are adjusted annually, in accordance with the provisions of Article 84 of the Law on Income Tax, which must be to be declared and payable on gross receipts received or accrued as from the month following the month of publication of this law, and up to the following 12 months, including the following month: -15% in respect of the amount to be paid to taxpayers who, during the calendar year 2013, have earned total gross receipts equal to or less than 100,000 units of promotion, and-for the purposes of In this Article, the gross receipts of each month shall be expressed in promotion units according to the value of the unit on the last day of the month to which they correspond. The transitional reduction in the amount of the monthly provisional payments provided for in this number shall not be considered for the purposes of fixing the monthly provisional payment rates to be applied from the end of the 12-month period. (a) to be determined in accordance with the general rules of Article 84 of the Law on Income Tax. The temporary reduction of provisional payments provided for in this number shall be incompatible with the application of any other legal or regulatory provision allowing the reduction of the rates determined in accordance with Article 84, without prejudice of the provisions of Article 90, both of the Law on Income Tax. X) Deduction as expenses of amounts affected to the tax of article 59 of the law on income tax. The provisions of Article 1 (15) (b) of this Law shall govern, in respect of amounts paid, due, paid into account, taken into account as expenditure, remesadas or made available to the person concerned from 1 January 1993. January 2015. Only the quantities mentioned above may be reduced as expenditure, which has not been deducted as such prior to the entry into force. XI) Recognition of income, costs or expenses. The penalty provided for in Article 97 (20) of the Tax Code shall apply where the taxpayer makes the imputation or deduction of income, costs and, or expenses in a period other than that in which it is legally applicable, with the object to defer the taxation or to reduce the income to be taxed under the new tax system established in Article 14 of the Law on Income Tax, according to its current text of 1 January 2017. It is understood that there is a delay or the reduction of the income, when the sum of income, costs and, or expenses charged or deducted in a period other than that in which it legally corresponds, amounts to 5% or more of the income, expenses and, or costs, of that period. (XII) Depreciation of physical assets of the fixed assets. The provisions of the new number 5a of Article 31 of the Law on Income Tax shall apply to the first day of the month following the publication of the law, in respect of goods acquired or completed from that date. Goods acquired or constructed prior to the date indicated, in respect of which accelerated depreciation is being applied, may continue to be depreciated in accordance with the rules of the Law on Income Tax. (XIII) Tax treatment for Mutual Funds and Mutual Funds. The Funds set up prior to 1 January 2017 shall observe the following special rules: (1) They shall submit a statement to the Internal Revenue Service in the form and time limit determined by resolution in the (i) the balance of benefits referred to in point (a) (i) and (i) of point (d), both of the transitional provisions of Law No 20,712; (ii) the balance of profits recorded in the taxable profit fund as set out in point (b) of the number 1 and the balance established in point (b) of point (b) of Article 81 of Law No 20,712, in accordance with the text in force at 31 of December 2016. (iii) the determination of the positive balance which is retained in the Fund at 31 December 2016, considering for that purpose all of its revenue, income, profits and profits which are not included in the literals (i) and (ii) and the costs, expenses and losses related thereto, in accordance with the general rules laid down in that law, and in the case of transactions that are not expressly released from taxation. For the purpose of determining such a result, it shall consider the income from the disposal of its investments, the interest earned or accrued from fixed income instruments, among others. (iv) the value of the assets of the Fund, and the number of shares held by each participant, with the individualisation of each of them as at 31 December 2016. 2. the distributions made by the Fund as from 1 January 2017, and to the extent that they maintain amounts recorded in the records referred to in literals (i), (ii) and (iii) of the previous No 1, as at 31 December 2016, shall be charged to continuation of the amounts entered in the register referred to in Article 81 (2) (c) of Law No 20,712, in accordance with the text in force for that date. Once the distributions have exhausted the balance of the records indicated, they will be charged to the balances of profits accumulated at 31 December 2016, according to the order of imputation established by the article 7 ° transitory of the law N ° 20.712. (3) In cases of merger or conversion of funds, the absorbing fund which is born on the occasion of the merger or the resulting fund shall also maintain the control of the quantities entered in the records referred to in the preceding number 1. In the case of the division of funds, these amounts shall be allocated as the equity of the divided investment fund is distributed, keeping the record in each fund. (4) The highest value obtained in the disposal or redemption of the funds ' shares shall be subject to the following tax treatment: (a) The shares acquired before 1 May 2014 shall be governed by the provisions of Article 7 (3) of the Treaty. of Law No 20,712, which is an extensive treatment for the quotas in question after the entry into force of this law. (b) The quotas acquired after 1 May 2014 shall be governed by the rules in force in law No 20,712 to the date of disposal. XIV.-The modification of the literal (iii) of the fourth paragraph of the number 1.-of the first article of the transitional provisions of Law No 20,190, governs to count from 1 January 2017. Notwithstanding the foregoing, this requirement is maintained for companies in which the investment funds have been invested prior to the validity of the said modification, considering the effect of the balance of taxable profits held by them. until 31 December 2016. XV.-Without prejudice to the amendment made in Law No 19,420, by Article 17, number 8, the taxpayers who have made investments in respect of the said law, affecting the first class tax, for withdrawals, remittances or distributions to be counted from the 2017 commercial year, as long as they are to be charged to the registry of the taxable profit fund established in Article 14 of the Law on Income Tax, according to its text in force at December 31, 2016, shall be kept except as provided for in the first part of point (d) of point (3) (a) of that provision, so that they may withdraw, remor or distribute in any financial year the income or profits to be determined by those commercial years. XVI.-Dealing with the disposal of real estate located in Chile, or of rights or quotas in respect of such real estate owned in community, acquired prior to the date of publication of this law in the official journal, carried out by natural persons with domicile or residence in Chile, who are not taxpayers of the first class tax who declare their effective income, for the purposes of determining the highest value referred to in Article 17 (8) (b) of the Law on Income Tax, according to its current text of 1 January 2017, may consider as the acquisition value: i ) The acquisition value, adjusted according to the variation of the Consumer Price Index between the month before the acquisition of the respective good and the month before the sale. In this case they shall form part of the acquisition value, the disbursements incurred in improvements that have increased the value of the good, carried out by the enajenante or a third party, provided that they have become part of the property of the enajenante and have declared in the appropriate opportunity to the Service, in the form that it establishes by resolution, to be incorporated in the determination of the tax guarantee of the respective property for the purposes of the territorial tax, with prior to the disposal. (ii) the tax guarantee of the respective good, in force on 1 January 2017, adjusted according to the variation of the Consumer Price Index between December 2016 and the month before the sale. (iii) The market value credited by the taxpayer to the date of publication of the law. This assessment shall be communicated to the Internal Revenue Service until 31 December 2015 in the form that the Internal Revenue Service establishes by resolution. Without prejudice to the foregoing, the higher value obtained in the securities of the goods in question, effected by the taxpayers referred to in the first subparagraph, when they were acquired before 1 January 2004, shall be subject to the the provisions of the Law on Income Tax, according to its current text until December 31, 2014. XVII.-The owners or users of real estate who declare their effective income according to complete accounting, in the lease, sublease, usufruct or other form of cession or temporary use of such goods that they carry out during the year In accordance with Article 39 of the Law on Income Tax, in accordance with Article 39 (3) of the Law on Income Tax, the following shall be entitled to the credit provided for in point (c) of Article 20 and in point (d) of the same Article in accordance with Article 39 (3) of the Law on Income Tax. December 2015, for 50% of the territorial tax paid for the period to which the declaration of income. XVIII.-The provisions of Article 41 F of the Law on Income Tax, according to its text in force on 1 January 2015, shall be applied in the light of all the appropriations, liabilities and obligations laid down by that rule. Notwithstanding the above, the 35% tax established there shall apply only in respect of interest, commissions, remuneration for services, financial expenses and any other conventional surcharge, which are paid, paid into account or put into effect at the disposal of non-resident taxpayers or residents of the country, by virtue of claims, liabilities and liabilities incurred as of that date, as well as those incurred prior to that date, when after the date of have been novated, divested, or the amount of the credit or interest rate is modified; or where they are directly or indirectly acquired by related undertakings, taking into account the relations referred to in that Article. In the case of lines of credit, the sums actually drawn shall be considered in the calculation. For their part, the provisions of Article 41 G of the Law on Income Tax shall apply in respect of the passive income to be computed in the country, which has been received or accrued by the respective entities controlled from the of 1 January 2016. XIX.-The provisions of Article 1 (h) of Article 1 of this Law, which shall apply from 1 January 2015, shall affect the differences to be determined in mergers which take place from that date. However, those processes of merger, in the terms of Article 31 N ° 9 of the Law on Income Tax, which have been initiated before that date, may be concluded until 1 January 2016. In order to prove the commencement of the merger process, the taxpayer or the taxpayer must submit an affidavit to the Internal Revenue Service until December 31, 2014, accompanying the records required by the Internal Revenue Service. purposes. Article 4.-The amendment of the rate of the first class tax, as laid down in Article 1 (10) (a), shall enter into force from the 2017 commercial year, in accordance with the following graduality, for the income which is The following shall be collected or established during the trading years: a) Year 2014: 21% b) Year 2015: 22.5% c) Year 2016: 24% Dealing with taxpayers subject to the provisions of Article 14 (B) of the Law on Income Tax, according to their current text of 1 January 2017, the rate of 27% incorporated in Article 20 of that law by Article 1 (10) (a) of that law shall enter into force from the year 2018. During the 2017 trading year, these taxpayers will apply a rate of 25.5%. Article 5.-The provisions of Article 2 shall enter into force in accordance with the following rules: 1. The provisions of numbers 1, 3, 4, 5 (b), 6, 7, 8 and 9 (b) shall enter into force on 1 January 2016. 2. The provisions of numbers 2 and 9 (a) shall enter into force on 1 January 2015. 3. The provisions of the numeral 11 will govern from the commercial year 2015. However, they may benefit from the benefit set out in the third and fourth points of Article 64 of the Law on Sales and Services Tax, those taxpayers who comply with the requirements laid down in that provision, register income from its turn, in the previous year, respectively, according to the following graduality: a) Commercial year 2015: taxpayers who register income from their rotation up to 25,000 units of promotion. b) Commercial year 2016: taxpayers who register income from their rotation up to 100,000 units of promotion. Article 6-The amendments introduced by Article 2 (2) of Decree-Law No 825 of 1974 on Sales and Services Tax shall not apply to sales and other transfers of property ownership, which are effected by virtue of a act or contract whose conclusion has been validly promised before the date of entry into force of this law referred to in Article 1 (1), in a contract concluded by a public deed or by an instrument Private protocolised. Similarly, those provisions shall not apply to transfers of buildings which are carried out under a lease with an option to purchase concluded prior to the date of entry into force, provided that such transfer is not the contract has been concluded by public deed or private instrument. Article 7.-The value added tax shall be exempt from the value added tax on the sales of immovable property which is taxed as a result of the amendment introduced in Article 2 of Decree Law No 825 of 1974, by means of Article 2 (1) of this Law, provided that such assets are, as at 1 January 2016, with the building permit referred to in the General Planning and Construction Act, and the respective sales are made within the period of a year from the date referred to in Article 5 (1) of the transitional Article. Article 8.-Taxpayers who, as referred to in Article 5 (1) of the transitional Article, are required to charge the value added tax on the sale of immovable property, shall be entitled to tax credit by the imposed on the acquisition or construction of such buildings, even if it has been borne before the date on which they are to be recharged, but within the time limits laid down in Article 200 of the Tax Code, counted since this last date. The Internal Revenue Service shall establish the manner and procedures in which this right shall be effective. Article 9.-In the second indent of the first transitional article of Law No 20,727, which introduces amendments to the tax legislation on electronic invoice and provides for other measures, replace: i. The expression "eighteen" for "thirty". ii. The expression "twenty-four" for "thirty-six", the two times it appears. iii. The expression "thirty-six" for "forty-eight". Article 10.-The tax laid down in Article 3 of this Law shall enter into force thirty days after the publication of the regulation which the Ministry of Transport and Telecommunications, which contains the provisions of the necessary for the implementation of that rule. Similarly, during the first 12 months of the tax referred to above, the Ministry shall assign specific urban performance and nitrogen oxide emission values, where the information for models is not available. specific model groups, according to the following sources of information: (a) certifications from other countries where the European standard is applied to determine performance, (b) technical information from independent or government bodies in other countries, or (c) technical calculations of the Transport Secretariat on the basis of the size, weight, cylinder capacity or other technical specifications of the model concerned. Notwithstanding the above, during the periods indicated below, the applicable formula shall be as follows: 1.-To be counted in the preceding paragraph and until 31 December 2015: Tax on UTM = [(35 /urban performance (km/lt)) + (60 x g/km of NOx)] x (Sales price x 0.00000006) 2.-During calendar year 2016: UTM tax = [(35 /urban performance (km/lt )) + (90 x g/km of NOx)] x (Sales price x 0.00000006). Article 11-The provisions of Article 4 shall apply from the first day of the month following the month of publication of the law. Within one hundred and twenty days from the publication of the law, the regulation referred to in Article 13a of Decree Law No. 828, which lays down rules for the cultivation, processing, marketing and taxation of the affect tobacco. Once the said regulation has been published, the Internal Revenue Service shall dictate the decision referred to in the first paragraph of that Article within the 30-day period to determine the incorporation of any distinguishing element of the those laid down in the said legal standard for the species referred to in Article 4 ° of that decree. '; Article 12.-The provisions of Article 5 shall enter into force in a gradual manner, according to the following dates: from 1 January 2015, the credit provided for in Article 21 of Decree-Law No 910 of 1975 shall apply to: the sales of immovable property for a room, and general construction contracts which have been concluded since that date, the value of which does not exceed 4,000 units of promotion. From 1 January 2016, that credit shall apply where the value does not exceed 3,000 units of promotion. Finally, from 1 January 2017, the required credit shall be applied where the value referred to above does not exceed 2,000 units of promotion. Article 13.-The provisions of Articles 6 and 7 shall enter into force on 1 January 2016. For the application of the exemption of Article 24, number 17, of Decree Law No 3,475 of 1980, in respect of the credit operations of money effected to account for the validity of Article 6 of this Law, intended to pay loans prior to that date, 0,4% shall be considered as the maximum rate. For the purposes of Article 2 (a) of the same decree, the maximum rate of tax referred to in Article 2 (2) of that Article shall be that in force at the date of commencement of the placing of the first issue received on the line. Article 14.-The tax laid down in Article 8 ° shall apply to the year 2017, considering the emissions generated during that year and shall be paid for the first time in 2018. Article 15.-The amendments to the Tax Code shall apply one year after the publication of the law, with the exception of the provisions of point 25 (b). of Article 10 °, which shall apply from 1 January 2015. By way of derogation from the foregoing paragraph, the provisions of Articles 4 (a), 4 (b), 4 (c), 4 (d), 100a, 119 and 160a of the Tax Code shall apply only in respect of acts, acts or business, or a set or series of (a) to which those provisions are referred, whether or not they have been concluded from the date of entry into force of those provisions. Article 16-The amendments to the Customs Ordinance contained in Article 11 shall apply from 1 January 2015. Article seventeenth.-The amendment to the organic law of the Superintendence of Securities and Insurance referred to in Article 14 shall apply from the year 2015. Article 18 (8).-By way of derogation from the first subparagraph of Article 17, the amendments made by their numbers (3) and (12) shall enter into force on the first day of the month following that of their publication. Article 19.-In the year 2014, increase the maximum allocations of staff of the Internal Revenue Service in 123 quotas and the National Customs Service in 44 quotas. Article 20-Facultate the President of the Republic so that, by means of one or more decrees with force of law, he will dictate the recused, coordinated and systematized texts of the Law on Income Tax, of the Law on Value Added Tax and the Tax Code. Article twenty-first.-The provisions contained in this law that do not have a special rule of validity, in accordance with the preceding articles, shall enter into force on the first day of the month following that of their publication. Article twenty-second.-The largest fiscal expenditure that represents the implementation of this law during 2014 will be financed from the budget of the Internal Revenue Service and the National Customs Service, as appropriate. Notwithstanding the foregoing, the Ministry of Finance, under the budget heading of the Treasury, may supplement those budgets on the part of the expenditure that they cannot finance with the funds referred to. Article twenty-third. By January 31, 2015, a bill will be sent to the National Congress to create a new institutional framework for foreign investment. If the time limit referred to in Article 9 of this Law has not come into force, the law referred to in the foregoing paragraph shall not apply, the term shall be extended, for all legal purposes, by the sole ministry of law, until the date on which the specified condition is met. Article twenty-fourth.-The following voluntary and extraordinary system of declaration of goods or income abroad: 1.-The following voluntary and extraordinary system of declaration of goods or income which are abroad: 1. may be eligible. Taxpayers domiciled, resident, established or constituted in Chile prior to January 1, 2014, may voluntarily choose to declare to the Internal Revenue Service in a manner determined by resolution, their property and income that are found abroad, when having been affected by taxes in the country, have not been timely declared and/or taxed with the corresponding taxes in Chile, even if they have been declared or informed to foreign exchange purposes, or where goods or income are held or obtained abroad through of presidents, trusts or other fiduciary or chief executives. They will also be able to declare their property and income in Chile, when they are beneficiaries of those through companies, entities, trusts, fiduciary or foreign leaders. Where the goods or income are indirectly or through fiduciary or trustee charges, the final beneficiaries of such goods or income shall be identified in the declaration. With the filing of this declaration, the taxpayer shall be deemed to authorize the Internal Revenue Service, the Financial Analysis Unit and any other institution or body of the State that may have interference with respect to to the declaration and income of the goods and income of this article, in order to require the banks to provide specific information on the income or property that has been included in it, who must submit it without further processing than the request of the the institution, accompanied by a copy of the said declaration, as well as for all the institutions mentioned may exchange with each other, in the same way, such information for the purposes of the provisions of this Article. This is without prejudice to the powers of the Central Bank of Chile to require the history of international change operations according to the Constitutional Organic Law that governs it, as well as to provide information subject to reservation in accordance with the procedure referred to in Article 66 of that same legal body. 2.-Income of the goods or income declared to the country. The taxpayers who declare the goods or income that this article deals with shall not be obliged, for the purposes of this article, to enter them into the country, however, they may do so. Those who choose to enter them must do so, when relevant, through the banks, according to the instructions given by the Central Bank of Chile for the purpose, complying with the number 17 and authorizing the public institutions referred to in numeral 1 to require the respective banks to provide specific information on the income or property which has been included in the declaration, as well as for such institutions to exchange such information; information for the purposes of the provisions of this Article. This is without prejudice to the powers of the Central Bank of Chile to limit or restrict the conduct of international exchange operations, as provided for in Articles 40, 42 and 49 of the Constitutional Organic Law, which rules, or the privileges that other laws give to it in currency matters. However, taxpayers may not submit to the present system the goods or income which, at the time of the declaration, are in countries or jurisdictions classified as high risk or non-cooperative in the field of prevention and asset laundering and terrorist financing by the Financial Action Task Force (FATF/GAFI). 3.-Rules applicable to the goods and income which may be used. 3.1.-Goods and income. The following goods or income may be the subject of the declaration provided for in this Article: (a) items of registered furniture, such as shares or rights in companies incorporated abroad, or the right to the profits of a trust or trust. It also includes, within this category, all kinds of financial instruments or securities, such as bonds, shares of funds, deposits, and other like, which are payable in foreign currency; (b) foreign currency, and (c) income from the assets indicated in the preceding letters, such as dividends, profits, interest, and any other property increase that such assets have generated. 3.2.-Date of adquisi tion of goods. Only the goods or rights which the taxpayer claims to have acquired prior to 1 January 2014 and the income from such goods, without prejudice to the obligation to comply with this Article, shall be eligible for this Article. the future with taxes and other obligations that may affect such goods or income in accordance with the applicable legal rules, for customs, exchange, corporate, securities market, inter alia. 3.3.-Proof of the domain of goods and income. Without prejudice to the special rules of this numeral, the contributors to the provisions of this article shall accompany the necessary background to the Internal Revenue Service to request and determine by resolution to accredit your domain, right to benefits or any right or trust title on the declared property or income and its date of acquisition. For these purposes, the Service shall include, as appropriate, the instructions which the Financial Analysis Unit and other institutions or bodies of the State referred to in the numeral 1 issue with regard to the application of this Article in (a) the provisions necessary to comply with the exchange of information between such institutions in respect of the goods or income which the taxpayer voluntarily declares or enters into the country under this transitional regime; and extraordinary. Where these goods have been registered or registered abroad, in accordance with the law of the country in which they are located, the taxpayer's acquisition of the goods shall be credited with a certificate of the entity in charge of the registration or registration, duly legalized, authenticated and translated into the Spanish language, as appropriate, in which the singularity of the goods and the fact of being registered or registered in the name of the taxpayer, of an entity of his or her property, of his or her trustee or trustee. In the case of shares or other securities, the taxpayer shall accompany a copy thereof, including a certificate from the issuer stating its authenticity, validity and the fact that it has been issued prior to the date specified in the Point 3.2., all duly legalized, authenticated and translated into the Spanish language, as the case may be. In addition, the taxpayer must accompany, in compliance with the same requirements, a copy of the act or contract under which he acquired the precious titles. Where the right to property or income is indirectly held or exercised, or through trusts, fiduciary or trustee charges, the constituent, the administrator, the trustee or trustee and the beneficiaries shall be identified. end of such goods or income, accompanying copy of the mandate, trust or trust, duly legalized, authenticated and translated into the Spanish language, as appropriate. Where, for the purposes of this Article, the public institutions which are dealing with the same provision so request in the exercise of their powers conferred by law, the taxpayer shall display the original titles of such powers, or, failing that, accompany a copy of the title to account for its post-declaration, all legalised, authenticated and translated into the Spanish language, as appropriate, which must have been issued or subscribed in any way complying with the formalities that in accordance with the Chilean legislation will allow to establish its date certain. The declaration referred to in this Article may include goods in respect of which, at the date of the declaration, the documents which are legalised, authenticated or translated are not to be counted without prejudice to the fact that, where the The taxpayer must accompany it in the exercise of its supervisory powers, the taxpayer must accompany them after it and before the transfer of the respective tax is issued. 4.-Form and deadline of the declaration. The statement referred to in this article must be submitted by the taxpayer to the Internal Revenue Service within the time limit set by this article, together with all the factual and legal background in which it is founded, of which the fulfilment of the requirements of this voluntary, transitional and extraordinary system of declaration, at the time from which it is understood to authorise the public institutions referred to in this Article to exchange, must be released. information on the goods or income contained in the declaration. Within the time limit, taxpayers may submit as many statements as they deem relevant. 5.-Inventory and description of property and income. The taxpayer shall accompany the declaration laid down in this Article, which shall form an integral part of the declaration for all purposes, an inventory and a detailed description of all the goods and income which are the subject of the declaration. an indication of their origin, nature, species, number, value, place of business and persons or entities holding them for any degree, where they are not directly held by or on behalf of the taxpayer, including those with whom have been omitted or declared incompletely or inaccurately. 6.-Sanction for the intentional incorporation of goods or income of third parties in the declaration. Those taxpayers who maliciously and in violation of the provisions of this article include in their own declaration goods or income of third parties, shall be punished with a fine of three hundred percent of the value of the goods or is treated, determined according to the numeral 7 of this article, and with a lesser prison in its middle to maximum degrees. The fine established by this number shall be applied in accordance with the procedure laid down in Article 165 of the Tax Code. 7.-Rules for the assessment of declared property and income. The taxpayer shall report the goods to their commercial or market value at the date of the declaration. This value shall be determined in accordance with the following rules: (a) Pursuant to Article 46 of Law No 16.271 on the Tax on Allowances for the Cause of Death and Donations, as soon as it is applicable, considering the nature of the and location of the goods. If the value of the goods is not applicable as set out in that Article, the value of the goods shall be determined in accordance with the rules laid down in Article 46a of the same legal text; (b) In the case of shares, rights or any title relating to companies or entities The value of such assets shall be the average price. The value of such assets shall be the average price. The value of such assets shall be the average price. which is registered in such markets within six months prior to the date of the filing of the statement. The above shall be credited with a certificate issued by the respective regulatory authority or by an authorized agent to operate in such markets, duly legalized, authenticated and translated into the Spanish language, as applicable; the provisions of points (a) and (b) above may be applied to their commercial or market value, having as a basis for such purposes an assessment report drawn up by independent auditors registered with the Superintendence of Securities and Insurance; (d) The values referred to in the preceding letters, where applicable relevant, must be converted into national currency according to the exchange rate reported for the respective foreign currency by the Central Bank of Chile according to the number 6., Chapter I, International Change Standards Compendium or the Bank establishes in its replacement, corresponding to the business day preceding the declaration; (e) The value determined in accordance with this numeral, after payment of the single tax established by this Article, shall constitute the cost of such goods for all tax purposes; (f) In the case of taxpayers who declare their effective income it shall affect the first class tax on the basis of full accounting, the goods and the income declared, must be recorded in the accounts at the date of their declaration, at the value determined in accordance with this numeral; and shall be considered as capital for the purposes of the provisions of Article 17 of the Law on Income Tax, contained in Article 1, of Decree Law No 824 of 1974. Other contributors shall consider such value as the cost of such assets for all tax purposes, and (g) If the taxpayer fails to credit the value of the goods or the amount of the income as provided for in this numeral, the Internal Revenue Service may be assessed in accordance with the provisions of Article 64 of the Tax Code, applying all the rules of that Code relating to the valuation, including the right of the taxpayer to claim from the tax in accordance with the general complaint procedure. Differences in a single tax which are determined as a result of the assessment carried out by that Service within the time limits laid down in Article 200 of the Tax Code shall be considered for all tax purposes, as a tax subject to withholding tax. Accepted by the taxpayer or ratified by executed judgment, the values assessed must be considered as part of the cost for the purposes of the respective goods. 8.-Procedure. The Internal Revenue Service shall, in the following five working days, make a single and substitute tax for the other taxes which are the only merit of the article. they may have affected the goods or income declared, which shall be applied at a rate of 8%, on the value of such goods or income determined by the taxpayer. The payment of this tax must be made within 10 working days following the notification of the respective rotation, with the payment in the respective file being kept on record. The Internal Revenue Service shall have a period of twelve months from the date of payment of the tax, for the audit of the fulfilment of the requirements set out in this Article, which shall be presumed to be the right of the statement of the taxpayer and the background to which it is based have been submitted in accordance with its provisions. Within that period, the Service may exercise all the powers conferred upon it by this legal provision, and shall rotate any differences in the single tax which may result. After the expiry of the twelve months, the powers of the Service for the review and audit of the respective declaration will expire in full. If any of the requirements laid down in this law are not met, the Internal Revenue Service shall notify the taxpayer within the prescribed time-limits of a decision declaring non-compliance, indicating the requirement that it be The Commission shall, as soon as possible, seek to remedy the situation and to request it to be subssed within 10 working days from the notification. From that notification and until the decision to be issued by the Internal Revenue Service in respect of whether or not the non-compliance has been remedied, the period of 12 months fixed by this number shall be suspended. In the event that the non-compliance has not been remedied, the Service indicated may exercise the powers conferred on it by the Tax Code, its Organic Law and other legal provisions, thereby informing the Central Bank of Chile, the Unit of Financial analysis and other bodies of the State concerned. Against the decision that the Service provides for the failure to comply with the requirements of this article, the taxpayer shall be entitled to claim under the general procedure laid down in the Third Book of the Tax Code. If the non-compliance with the requirements laid down in this Article has been declared by a firm judgment, the refund of the single and substitute tax shall not be repaid, without prejudice to the fact that the effects of the tax on the This article attributes to the said payment. 9.-Treatment of the single tax. The tax in this article may not be used as a credit against any tax, nor can it be deducted as expenditure on the determination of the same single tax or any other tax. Notwithstanding the foregoing, the provisions of Article 21 of the Law on Income Tax will not apply in this case. 10.-Regularization of exchange information. In addition to the filing of the declaration and the payment of the respective tax, the taxpayers who accept the provisions of this Article shall regularise, where appropriate, the fulfilment of the obligations imposed on the currency by the Central Bank of Chile in accordance with its constitutional law, in the form and within the time limits that this institution determines. 11.-Bans. Persons who, at the date of publication of this law in the Official Journal, shall not be eligible for the provisions of this Article: (a) have been convicted, formalised or subject to proceedings for any of the offences referred to in points (a) or (b) of Article 27 of Law No 19,913, which creates the Financial Analysis Unit and amends various provisions on washing and laundering of assets, according to which they are regulated in that law or are regulated in any legislation which is dictated to the future and which extends that concept, provided that such extension has occurred prior to the date on which the taxpayer is welcomes the provisions of this article; or those who have been tried and convicted abroad by the offence of money laundering or basic or previous offences; (b) has been condemned, formalised or subjected to a tax offence; (c) has been convicted, formalised or subjected to proceedings for the offences of laundering of assets; financing of terrorism and crimes under the terms provided for in Law No 20.393, on criminal liability of legal persons; d) have been condemned, formalized or subjected to prosecution for any of the crimes established in the Articles 59 and 64 of the constitutional law governing the Central Bank of Chile, or the purpose of a summons, settlement, relief or rotation by the Internal Revenue Service, which relates to the goods or income to be included in the declaration referred to in this Article. 12.-Effects of the declaration and payment of the tax. With the declaration and payment of the single tax provided for in this Article, and provided that the conditions laid down in this Article are met, the taxpayer's good faith shall be presumed to be the right of the taxpayer to act in respect of the omission of the declaration or failure to comply with the the respective obligations. Accordingly, on the basis of the merit of the Internal Revenue Service resolution to the effect that the conditions laid down for the benefit of the system established by this Article have been met or the period of 12 months has elapsed, points out the first paragraph of the numeral 8 above, the civil, criminal or administrative responsibilities arising from the non-compliance with the obligations laid down by the foreign exchange, tax and corporate laws shall be extinguished in full. (a) the value of the assets or investments in the securities market; any nature, such as the income which they have generated and which were included in the respective declaration for the purposes of this Article. The provisions of this numeral shall not apply in respect of the duties of information and the provisions of article 27 of Law No 19,913; nor shall it benefit persons who are in any of the situations mentioned in the law. (a) 13.-Obligations affecting civil servants. The Internal Revenue Service, the Central Bank of Chile and the Financial Analysis Unit, the other institutions or bodies of the State and banks, as well as the staff acting under their dependence, may not disclose in any way the amount or the source of the goods or income, or any other data or records which have been provided by the taxpayer in accordance with this Article. For these purposes, the provisions of Articles 35 of the Tax Code, 66 of the Constitutional Organic Law of the Central Bank of Chile and 13 of Law No. 19,913, as appropriate, shall apply. The provisions of the preceding paragraph do not prevent the delivery and exchange of information of the institutions referred to in this Article in respect of the application of Law No 19,913 and the exchange of information set out in numerals 1 and 17 of this article. 14.-Radication and registration in the country of underlying assets. In the event that taxpayers have the declared property and income for which they pay the one-off tax established by this article through companies or other entities or fiduciary charges, and provided that they comply with the other obligations of access of information for the proper exchange of the same between the institutions mentioned in the numeral 1 of this article, will be able to request to the respective authorities that, once the paid tribute has been paid, the assets that are located in such companies, entities or trust owners; understand, for all legal purposes, directly based on the assets of the taxpayer in Chile, as long as they dissolve such companies or entities or leave the fiduciary orders without effect, being sufficient title for the purposes of the registration or registration, as appropriate, of such goods in his name, this law. For these purposes, the taxpayer must prove to whom it is appropriate that the goods or income to be registered or entered has been the subject of the declaration and the tax provided for in this law has been paid. In such cases, the filing of these assets in the taxpayer's assets shall not be considered as a disposal, but a reorganization of the same, provided that the assets are recorded according to the value of the statement and payment of the tax referred to in this article, in which case the Internal Revenue Service may not exercise the powers provided for in Article 64 of the Tax Code, except in the case of determining the value of such goods for the purposes of the application of the single tax referred to in this Article. 15.-Due to the time limit for filing the declaration and paying the tax provided for in this article, a new declaration may not be made under the terms of Article 36a of the Tax Code, nor shall it be corrected, rectified, supplemented or amended. originally presented. 16.-For the purposes of Article 97 N ° 4 of the Tax Code, it shall be considered as an aggravating circumstance for the application of the penalty, the fact that the taxpayer has not received the scheme established in this Article. 17.-Of the anti-laundering measures of assets and prevention of the financing of terrorism. The provisions of this Article shall under no circumstances exempt from the fulfilment of the obligations imposed by Law No 19,913 and other rules on the prevention of the laundering of assets and the financing of terrorism. The subjects required by the law must coordinate and implement systems and measures for the detection and anti-laundering analysis of operations carried out under this system, with the aim of efficiently identifying the declaration or hospitalization of goods and income that may come from one of the the offences set out in Articles 27 and 28 of Law No 19.913. The Internal Revenue Service shall report to the Financial Analysis Unit the operations they estimate as suspicious in accordance with the provisions of Article 3 of Law Nº 19.913. Furthermore, the Financial Analysis Unit will have, upon request, permanent and direct access, for the due performance of its legal functions, to all information collected by the public institutions in respect of the goods and income declared by the taxpayer in accordance with this article, without restrictions of any kind, including whether it is subject to secrecy or reservation. The Internal Revenue Service will have to implement controls on the identification of the taxpayers who are in the system according to the standards established by the Financial Action Group in its Anti-Laundering and Anti-Laundering Recommendations. GAFI Terrorism Financing, according to what the Financial Analysis Unit expressly requests. For its part, the Central Bank of Chile will provide the background requested by the Financial Analysis Unit or the Public Ministry, in accordance with the provisions of article 66 of the constitutional organic law that governs it. A coordination and supervision commission shall be established to ensure effective compliance with the anti-laundering measures of assets established in this Article and in the related regulations issued by the institutions, which shall be constituted and operated for the time necessary to comply with the provisions of this Article, as determined by the Internal Revenue Service and the Financial Analysis Unit. It will participate in the Service and Unit referred to and any other public institution deemed relevant for this purpose. Banks that intervene in the operations that are engaged in the system that this article establishes should establish mechanisms for preventing the laundering of assets and financing terrorism, with the controls to properly identify the taxpayers who wish to enter assets according to the due knowledge standards of the GAFI clients, request a statement of origin of the funds and require the full identification of the final beneficiaries in accordance with the rules of this article. The banks shall report to the Financial Analysis Unit any suspicious operation that they detect in the analysis of the information provided by the taxpayers, in accordance with the provisions of Article 3 of Law Nº 19,913 and in the circulars issued by that Unit to that effect. Documents or statements issued by the competent authorities in the framework of this declaration system may not be considered as official statements that the assets, income or funds declared or entered are of origin I quote. Taxpayers who enter assets under this system will only be able to do so in case they come from countries that have anti-laundering regulations that apply the FATF Recommendations and whose Financial Intelligence Units belong to the Egmont Group. ' Having complied with the provisions of Article 93 (1) of the Constitution of the Republic of the Republic, and because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 26 September 2014.-MICHELLE BACHELET, President of the Republic.-Alberto Arenas de Mesa, Minister of Finance. What I transcribe to you for your knowledge.-Salute atte. to you, Alejandro Micco Aguayo, Undersecretary of Finance. Constitutional Court Bill of tax reform amending the income tax system and introducing various adjustments in the tax system, contained in Bulletin Nº9290-05 The Secretariat of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the bill enunciated in the rubric, approved by the National Congress, in order for this Court to exercise the preventive control of the constitutionality of the numerals 4, 27 and 29 of the Article 10 of the draft and by judgment of 22 September 2014, in the cars Role No 2713-14-CPR, Declares: 1. The first subparagraph of Article 4 (d), Article 119 and Article 160a (5), which are added to the Tax Code by means of the rules contained in Article 10 (4), (27) and (29) of the draft law subject to control, are constitutional. 2. That the rule contained in Article 10 (c) (c), which amends Article 59 of the Tax Code, in that part which provides " Both the claim that the taxpayer initially audited and the one who interposes the the taxpayer or entity of the other jurisdiction, must always appear and be dealt with in the Tax and Customs Court corresponding to the jurisdiction of the Head of Office who issued the order for the audit referred to in This is a constitutional point. 3. No pronouncement, in preventive examination of constitutionality, in respect of the provisions contained in the second to sixth points of Article 4 (d) and the first to the fourth, sixth and seventh points of Article 160a add to the Tax Code, by means of numerals 4 and 29 of article 10 of the draft law submitted for examination, because these precepts do not relate to matters of constitutional organic law. Santiago, 22 September 2014.-Marta de la Fuente Olguin, Secretaría.