Tax Reform Amending The Tributacia N Of The Income System E Introduces Different Adjustments In The Tax System

Original Language Title: REFORMA TRIBUTARIA QUE MODIFICA EL SISTEMA DE TRIBUTACIÓN DE LA RENTA E INTRODUCE DIVERSOS AJUSTES EN EL SISTEMA TRIBUTARIO

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"(Artículo 1°.-Introdúcense las siguientes modificaciones en la ley sobre Impuesto a la Renta, contenida en el artículo 1° deel decreto ley N° 824, de 1974: 1) (in article 2: to) (No. 1: i) paragraph first, be replaced with the expression"received or accrued""perceive, accrued or attributed to"."
(ii) repeal of the second paragraph.

(b) add the following second paragraph number 2: "by"attributed income", that which corresponds totally or partially to the global taxpayer for tax purposes, supplementary or additional, at the end of the marketing year respective, attended his character's owner, community member, partner or shareholder of a company subject to tax of first category in accordance with the provisions of article 14" (, letter A) and other legal regulations, insofar as it is income received or earned by the company, or those that had been assigned to it companies in which it participates and so on. "."

((2) in article 11: to) added in the first paragraph, then of the separate point, it passes to be followed, the following sentence: "Also will be considered located in Chile bonds and other public or private offer debt securities issued in the country by taxpayers domiciled, resident or established in the country.".

(b) replace the second paragraph by the following: "In the case of loans, bonds and other securities or debt instruments, the source of interest means located in the domicile of the debtor, or the head office or principal office when they have been entered into or issued through a permanent establishment abroad.".

(3) in article 12, then the comma that follows the expression "foreign", insert the following expression: "without prejudice to the provisions of article 41 G,".

(4) replace article 14 with the following: ' article 14.-income to be determined to a taxpayer subject to tax of the first category is charged with respect to this, according to the standards of title II, without prejudice to headings that need to add liquid taxable income in that category in accordance with this article. "

Taxpayers forced to declare on the basis of their effective incomes according to full accounting may choose to apply the provisions of letters A) or B) of this article.

In the event that individual entrepreneurs, individual enterprises limited, communities and societies of people in these last two cases when their community members or partners are only natural persons domiciled or resident in Chile, not practicing the option referred to in the preceding paragraph, in the opportunity and form established in this article, govern the provisions of letter A) apply for other taxpayers who have not chosen, the rules of the letter B).

Taxpayers who initiate activities must exercise this option within the time limit established by article 68 of the tax code in the Declaration to be submitted to the corresponding warning. Respecto_de those who are welcomed to other systems of taxation established by this law who choose to declare their effective incomes according to complete accounting in accordance with letters A) or B) of this article, they must submit this Declaration to exercise the option within the three months prior to the end of the year preceding that one that is host to one of such schemes complying with the requirements specified in the sixth paragraph.

Taxpayers must be kept in the tax regime that corresponds to them, for at least five consecutive business years. After this period, may be regime change alternative of this article, as applicable, and must remain in the new regime whereby the opt at least during five consecutive business years. In the latter case, taxpayers must exercise the new option within the last three months of the marketing year prior to that in which to enter to the new regime, and so on.

(To exercise the option, individual entrepreneurs, individual limited liability companies and taxpayers in article 58, number 1, must be submitted to the service, at the designated time, a declaration signed by the taxpayer, in which is contained the decision to benefit from the regimes of letters A) or B). For communities, the Declaration in which the right of option is exercised shall be signed by all the community members, who should adopt unanimously this decision. In the case of societies of people and societies through actions, the option will be exercised presenting the statement signed by the society, accompanied by a public deed evidencing the unanimous agreement of all partners or shareholders. Companies closed or open, the option chosen must be approved in extraordinary shareholders ' meeting, with a quorum of at least two thirds of the shares with voting rights, and shall be effective by presenting the statement signed by the society, accompanied by the Act public deed of the Board which meets the solemnities established in article 3 ° of the law N ° 18,046. When entities or persons referred to in this subsection, acting through their representatives, they must be empowered specifically for the exercise of the option marked.

A) taxpayers forced to declare their effective incomes according to full accounting, subject to the regime of first category tax with total allocation of credit final tax.

To implement global tax supplementary or additional, as appropriate, individual entrepreneurs, individual limited liability companies, taxpayers in article 58, N ° 1, communities and societies, must be attributed income or amounts obtained, accrued or received by such taxpayer or which have been attributed them, by applying the following rules: 1. Article 58 individual, contributing employers number 1 °, community members, partners and shareholders of companies that declare effective income according to accounting complete according to this letter, will be taxed in the same period income or amounts of company, community, establishment or company assigned to them in accordance with the rules of the present article, and all amounts that any title to withdraw, remesen them or be distributed them from the company community or respective society, as set out in the following number 5, in accordance with the provisions of articles 54, number 1; 58, numbers 1 and 2; 60 and 62 of this Act.

Entities or individuals subject to the provisions of this letter, which are at the same time community members, partners or shareholders of other companies declaring their effective according to full accounting income, attributed to their owners, community members, partners or shareholders both own income determined in accordance with the rules of the first category, and those affected global tax complementary or additional ((, which assigned them by other taxpayers subject to the provisions of the letters/A) or B), in the latter case when appropriate; to the number 1.-, letter C) of this article; (((or article 14 ter letter A), as appropriate, and income or amounts taxed with the global tax supplementary or additional to withdraw or distribute them taxpayers subject to the provisions of the letters A) or B) of this article, as the owners, community members, partners or shareholders, and so on, until such income or amounts are attributed in the same period to a global tax contributor to complementary or additional , as the case may be.

2. to determine the amount of income or amount affects, attributable to tax global complementary or additional taxpayers referred to in number 1 above, as well as the credit established articles 56, number 3), and 63 that corresponds them on such incomes, the sum of the following amounts at the end of the respective business year shall be considered (: a) the positive balance resulting in the determination of the taxable income of liquid, according to the provisions of articles 29 to 33.

Exempt from the first category tax revenues or other amounts that are not part of the liquid income tax, but also are taxed with the global tax supplementary or additional.

b) income or amounts attributed to the company in the role of owner, partner, community member or shareholder of other companies, communities or societies, is that these are required to determine your effective income as full accounting subject to the provisions of the letter A); subject to point (B)), in the cases referred to in the number 4.-this letter; subject to the number 1-the letter C), all from this article; or are accepted to the provisions in article 14 ter letter A), and provided that are not being acquired pursuant to point 3 of article 31, where appropriate.
(((c) the incomes or affected global tax amounts complementary or additional, perceived by way of withdrawals or distributions from companies, communities or societies that are subject to the provisions of the letters/A) or B) of this article, when they are not absorbed by losses in accordance with provisions in the number 3-of article 31. In accordance with that established in the number 5 °-, of article 33, these incomes will be attributed by way of incorporating them in the determination of the taxable liquid income of first category tax.

In these cases, the credit established articles 56, number 3), and 63, will be awarded by applying the tax rate of first category that has affected these incomes in the companies subject to the regime of this letter on attributed income.

3.-to attribute income or amounts set forth in the previous number, number 1 previous contributors, at the end of each marketing year, the following rules shall apply: a) the attribution of such incomes shall be made in the way that partners, community members or shareholders have agreed to distribute or be distributed profits, provided express constancy of the respective agreement or the form of distribution in the social contract has been , the by-laws or, in the case of the communities, in a public deed, and has been advised that the service, in the form and time that this fix by resolution, this according to the 6.-next number.

(b) the allocation of such income may, in the event that the above rules are not applied be in the same proportion in which the taxpayer has subscribed and paid or learned effectively the capital of the company, business or company. In cases of individual entrepreneurs, individual companies of limited liability and taxpayer's number 1, article 58, incomes or respective amounts will be attributed entirely to respective employers or taxpayers. In the case of the community members will be in proportion to his share or part in the good concerned. These circumstances must also be reported to the service, in the form and term this determined by resolution, in terms of the number 6-of this letter.

4.-the first category tax taxpayers forced to declare their effective income according to full accounting, subject to the provisions of this letter A), shall make and maintain, for the control of taxation affecting taxpayers indicated in number 1.-previous registration of the following amounts: to) own attributed income: must register at the end of the respective business year (, the positive balance of the amounts set forth in the letter a) of the number 2-former, with indication of the owners, partners, community members or shareholders who have attributed such income, and the proportion in which this was carried out.

This registration is lower at the end of the exercise, in the chronological order in which are carried out, and may even produce a negative balance, the amounts indicated in the second paragraph of article 21, reset according to the variation of the index of prices to the consumer between the month preceding that in which was the withdrawal of species or the respective outlays and the month prior to the end of the year.

When carry out removals, remittances or distributions with charge to the quantities covered by this letter to), shall be deemed for all purposes of this act as incomes that have already completed their taxation with income taxes.

((b) attributed income from third parties: you must register at the end of the respective business year, the positive balance of the amounts set forth in (b)) of the number 2-former, with indication of the owners, partners, community members or shareholders who have attributed such income and the proportion in which this was carried out, as well as the identification of the company company or community from which, in turn, such revenue have been assigned to it.

(((c) exempt income and income not constitutive of income: must register at the end of the marketing year, exempt from taxes income global complementary or additional and not constituting income income obtained by the taxpayer, as well as all those quantities of the same type perceived by way of withdrawals or dividends from other companies subject to the provisions of the letters/A) or B) of this article Notwithstanding that a sum equivalent to the amount of the tax loss that is absorbed according to the number 3, article 31, should reduce these amounts by utilities attributed to the company in the role of owner, partner, community member or shareholder of other companies, communities or societies.

This registration is lower costs, expenses and disbursements attributable to the income of the same nature, as referred to in the letter e) of number 1 of article 33.

(d) income or amounts affected global tax supplementary or additional when being withdrawn, remesadas or distributed: should record the amount to be determined each year, at the end of the respective business year, product of the difference that results from subtracting the amount among the positive value of the financial equity and tax equity; ((the positive amount of the amounts recorded in the records set out in the letters to) and c) above and the value of the capital actually provided to the company, most its gains and less their subsequent decreases, reset all of them according to the variation of the index of prices to the consumer between the month preceding that in which the contribution is made , increase or decrease and the month prior to the term of the exercise. The value of own capital tax determined according to the number 1, of article 41 shall be deemed for these purposes.

(e) control of withdrawals, remittances or distributions made from the firm, permanent establishment or company: must register the amount of withdrawals, remittances or distributions carried out during the year, redesigned according to the variation of the index of prices to the consumer between the month that precedes him in that removal, remittance or distribution is made and the month prior to the end of the year.

((f) accumulated credit balance: the company will maintain the control and registration of the cumulative balance of first category tax credits established articles 56, number 3), and 63, to owners, community members, partners or shareholders of these companies on withdrawals, remittances or distributions affected global tax complementary or additional, entitled where appropriate according to the 5-next number. For these purposes, you must check separately that part of these loans whose return is not appropriate in case of a surplus product of his accusation against the complementary global tax corresponding to the respective owner, community member, partner or shareholder to pay be determined.

((The cumulative balance of credits corresponds to the sum of the tax paid on the occasion of the change of tax regime referred to in point (b)), number 1, letter D) of this article, or for the application of the rules of article 38 bis, in case of absorption or merger with companies or companies subject to the provisions of point B) of this article together with the remnants of these coming from the immediately preceding financial year. Of such balance should reduce those credits allocated to withdrawals, remittances or distributions in the way established in the 5-next number.

5.-retreats, remittances or distributions shall be charged to the records referred to in the lyrics to), c) and (d)) of the number 4-previous, in opportunity and in the chronological order in which are carried out. For this purpose, it shall be deemed as beginning of those records I balance the remnants of quantities indicated there from the previous year, which will reset according to the variation of the index of prices to the consumer between the month prior to the end of that financial year and the month that precedes the date of the removal, shipment or distribution. The imputation shall be carried out starting from quantities noted in the register referred to in the letter to), and then the scored in the register referred to in point (c)), in the latter case, starting with the exempt income and then not constituting revenue income. In case that is too much, this will fall within income or amounts recorded in the register provided for in d) 4.-previous number.

When effective removals, remittances or distributions are imputed to the amounts set forth in the records set in the letters to) and c) of number 4-these quantities not be affected with any tax, for being completely met its taxation with taxes of this law, whereas in any case those made with charge to the complementary global tax exempt income , for the purposes of escalation referred to in article 54.
In the event that withdrawals, remittances or distributions made in the exercise are imputed to quantities listed in the register referred to in point (d)) of the number 4-previous, these will affect global tax supplementary or additional, as appropriate. Credit to such withdrawals, remittances or distributions, entitled will correspond to which is determined applying the calculated credit rate on these at the end of the immediately preceding financial year. The credit thus calculated shall be apportioned amongst the accumulated balance referred to in the letter f) 4-precedent number. For these purposes, the cumulative balance of credit remaining will reset by variation of price index the consumer between the month prior to the end of the previous financial year and the month that precedes the removal, shipment or distribution.

When should include retreats, remittances or distributions that are charged to income or amounts recorded in the register provided for in d) of the number 4-previous, additional or complementary global tax taxable, or at the base of the first category tax, as established in number 5 of article 33 a sum equivalent to the total amount to be determined by applying the amount of remittance or removal, the corresponding credit rate determined in accordance with the rules outlined in the following paragraphs will be added in the respective tax base.

If the imputation of withdrawals, remittances or distributions appears a difference not imputed from remnant of the preceding exercise of the records set in the letters to), c) and (d)), the number 4.-previous, these shall be charged to the balance included in the records to), c) and (d)) at the end of this. This allocation shall be made in the order established in the paragraph first of this number. For the above purposes, the difference in payouts, remittances or distributions not charged at the time of be made, will reset according to the variation of the price index the consumer between the month prior to removal, shipment or distribution and the month that precedes the end of the respective business year.

If designated, the credit referred to in articles 56, number 3), and 63, will only be coming when it determines a new cumulative credit balance at the end of the respective period, applying according to the credit rating that is calculated to the same date. The credit corresponding to allocate in accordance with these rules will fall to the accumulated balance that determined for the following financial year.

The rate of credit referred to in this issue is the result of divide the rate of the first category tax applicable at the end of the previous financial year or at the end of the exercise of the removal, shipment or distribution, as appropriate, per cent less the rate quoted tribute, all expressed as a percentage.

The remnants of credit to be determined after applying the rules of this number and the letter f) of the number 4-previous, re-designed by the variation of the price index the consumer between the month prior to the last removal, shipment or distribution and the month that precedes the end of that financial year, shall be considered as part of the cumulative balance of credit for exercise following and so on.

En_caso_que at the end of the respective period, determined that withdrawals, subject to tax remittances or distributions global complementary or additional non are entitled to the credit established in articles 56, number 3), and 63, attended that there is a balance accumulated credits you assign, the company or respective society may choose to voluntarily pay to title of first category tax rate a sum equivalent to that resulting from applying referred tribute to an amount such that to subtract such a tax, the resulting amount is the net amount of removal, shipment or distribution. The tax paid on the designated form may be charged against the global tax supplementary or additional that serious to withdrawals, remittances or distributions made in the year.

Payment of the designated tax, company or respective society only may deduct in the determination of the taxable income of liquid, and up to the amount positive arising out of this, a sum equivalent to the amount on which applied and actually paid the tax rate of first category according to the preceding paragraph. If this deduction is determined a surplus, either by the existence of a loss for tax purposes or for other cause, this surplus may deduct is in the following financial year and subsequent, to total extinction. For the purposes of the imputation, that surplus will reset in the percentage of variation that have experienced price index consumer between the month prior to the closing of the exercise that has been determined and the month prior to the closing of the exercise of its allocation.

6.-taxpayers in the first category tax, subject to the provisions of this letter A), shall annually inform the service, before March 15 of each year, as this determines by resolution: to) the criteria on the basis of which it was agreed or established to carry out withdrawals, remittances or distributions of profits or quantities , and that has served as the basis for the attribution of income or amounts in the commercial respective year, with an indication of the amount of income or the amount generated by the same taxpayer or assigned from other companies, communities or societies, which in turn is attributed to owners, partners, community members or respective, as provided in the numbers 2- and 3-previous shareholders.

(b) the amount of withdrawals, remittances or effective distributions that occur in the respective commercial year, with indication of the beneficiaries of these quantities, date that made and registration to which they were accused.

((((c) remaining from the previous year, increases or decreases in the exercise, as well as the ending balance that is determined for the records set out in the letters to), c), d) and f) 4-previous number.

d) detail of the determination of the annual balance of the register referred to in point (d)) of the number 4-above, identifying the values that have served to determine financial equity, tax equity and capital effectively the company over its increases and decreases further, reset according to the variation of the price index consumer between the previous month in which the contribution is made , increase or decrease and the month prior to the term of the exercise.

Taxpayers will also be required to report and certify to their owners, community members, partners and shareholders, in the form and term that establishes the service through resolution, the amount of income or amounts that are attributed to them, withdraw, are remesadas them or distribute them, as well as the credit established articles 56, number 3), and 63, and if the surplus determined after its imputation can be subject to return or not to the taxpayers Global complementary, and the increase referred to in articles 54, 58 and 62, in accordance with the provisions of this article.

(B) taxpayers forced to declare their effective incomes according to full accounting, subject to the regime of first category tax with partial credit final tax deduction.

To implement global tax supplementary or additional, as appropriate, on revenues or quantities obtained by such taxpayers which, where appropriate, they have been attributed according to this article, the following rules shall apply: 1.-individual, contributing employers of article 58, number 1, partners, community members and shareholders of companies that declare effective income according to accounting complete according to this letter B). , they will be encumbered with the global tax supplementary or additional, as appropriate, on all amounts that in any capacity withdrawn, remesen them, attributed to them, or 54, number 1; be distributed them from the company, community or respective society, in accordance with the rules of this article and the provisions of the articles 58, numbers 1 and 2; 60 and 62 of this Act, except that in the case of not constituting revenue income or returns of capital and its adjustments made according to the number 7 of article 17.

2.-taxpayers subject to the provisions of this point, shall make and keep track of the following amounts: to) exempt income and not constituting income from rent. Overall the tax exempt income must register at the end of the marketing year supplementary or additional and not constituting income income obtained by the taxpayer, as well as all those quantities of the same type perceived by way of withdrawals or dividends from other companies subject to the provisions of the letters/A) or B) of this article Notwithstanding that a sum equivalent to lower these amounts to the amount of the tax loss that is absorbed according to the number 3 of article 31, by profits attributed to the company in its capacity as owner, partner, community member or shareholder of other companies, communities or societies, where appropriate.

This registration is lower costs, expenses and disbursements attributable to the income of the same nature, as referred to in the letter e) of number 1 of article 33.
(b) accumulated credit balance. The company will maintain the control and registration of the cumulative balance of first category tax credits established articles 56, number 3), and 63, to owners, community members, partners or shareholders of these companies on withdrawals, remittances or distributions affected global tax complementary or additional, entitled where appropriate according to the 3-next number. For these purposes, shall maintain the separate appropriations listed, run record that one of these may be subject to the obligation of restitution referred to in articles 56, number 3), and 63. You must also be controlled separately that part of these loans whose return is not appropriate in case of a surplus product of his accusation against the complementary global tax corresponding to the respective owner, community member, partner or shareholder to pay be determined.

The cumulative balance of credits corresponds to the sum of those designated in the numeral i) and ii) following, together with the remnants of these coming from the immediately preceding financial year. Of such balance should reduce those credits allocated to withdrawals, remittances or distributions in the way established in the 3-next number.

(i) the cumulative balance of credit subject to the aforementioned refund will correspond to the sum of the amount of the first category tax paid by the company or society during the respective business year, liquid taxable income; (and the amount of the first category tax credit subject to refund corresponding about withdrawals, dividends or interests pertaining to global tax supplementary or additional, that you get from other companies or companies subject to the provisions of point (B)) of this article.

((ii) the cumulative balance of credit that is not subject to the aforementioned refund will correspond to the sum of the amount of the first category tax that has the quality and is assigned to withdrawals, dividends or interests pertaining to global tax supplementary or additional, that you get from other companies or companies subject to the provisions of point (B)) of this article When these are not absorbed by losses.

(c) withdrawals, remittances or distributions made from the firm, or company: must register the amount of withdrawals, remittances or distributions carried out during the year, redesigned according to the variation of the index of prices to the consumer between the month that precedes him in that removal, remittance or distribution is made and the month prior to the end of the year.

(3 for the global application of taxation supplementary or additional, withdrawals and remittances or distributions shall be charged to the sum of income or amounts affected to such taxes that keep the company and then to the scored in the designated registry in the letter a) of the number 2-previous, in opportunity and in the chronological order in which are carried out whereas the amounts according to your balance at the end of the immediately preceding financial year. For this purpose, these quantities will reset according to the variation of the price index the consumer between the month that precedes the end of the previous financial year and the month that precedes the date of the removal, shipment or distribution. The imputation shall be carried out starting at incomes or affected the global tax supplementary or additional amounts designated, then following by the annotated on the record established in the letter a) of the number 2-previous, in the latter case, beginning with exempt income and then by income does not constitute income.

Credit to entitled retreats, remittances or distributions that are charged to income or amounts affected global tax supplementary or additional, will correspond to which is determined applying the calculated credit rate on these at the end of the immediately preceding financial year. The credit thus calculated shall be apportioned amongst the accumulated balance referred to in the number 2-previous. For these purposes, the cumulative balance of credit remaining reset according to the variation of the price index consumer between the month prior to the end of the previous financial year and the month that precedes the removal, shipment or distribution.

When retreats, remittances or distributions are imputed to the amounts set forth in the record established in the letter a) of the number 2-previous, they do not affect any tax, for being completely met its taxation with income taxes, being in any case those incurred charged to income exempt from complementary global tax, for the purposes of escalation referred to in article 54.

If the imputation of retreats, remittances or distributions appears a difference not imputed to the remnants of the previous year of the indicated quantities, this will fall within income or amounts to be determined at the end of the respective year. This allocation shall be made in the order established in the paragraph first of this number. For the above purposes, the difference in payouts, remittances or distributions not charged at the time of reset according to the variation of the price index the consumer between the month prior to removal, shipment or distribution and the month that precedes the end of the respective business year. In the latter case, the credit referred to in articles 56, number 3, and 63, will only be coming when it determines a new cumulative credit balance at the end of the respective period, applying according to the credit rating that is calculated to the same date. The credit corresponding assign according to these rules, will fall to the accumulated balance that determined for the following financial year.

The rate of credit referred to in this issue, is the result of dividing the rate of the first category tax applicable at the end of the previous financial year or at the end of the exercise of the removal, shipment or distribution, as appropriate, per cent less the rate quoted tribute, all expressed as a percentage.

((Where appropriate assign credit to accumulated balances, this will fall primarily to those registered in accordance with the numeral ii), letter b), the number 2-previous, not subject to restitution, and then, once that is drained, it will fall to the accumulated balance established in the paragraph i) above, subject to refund, to exhaust them.

The remnants of credit to be determined after applying the rules of this number and the number 2-previous, redesigned by the variation of the price index the consumer between the month prior to the last removal, shipment or distribution and the month that precedes the end of that financial year, shall be regarded as part of the cumulative balance of credit for the year following and so on.

The lump sum of incomes or affected tax amounts supplementary or additional to keep the company shall correspond to the amount which is determined annually, at the end of the marketing year in question, as the difference resulting from subtracting the amount among the positive value of the financial equity and tax equity; (positive amount the sums recorded in the register provided for in to), the number 2-earlier and the value of the capital contributed effectively to the company more their increases and less their subsequent decreases, re-designed according to the variation of the index of prices to the consumer between the month preceding that in which the contribution is made , increase or decrease and the month prior to the term of the exercise. For these purposes, the tax equity capital determined according to the number 1 of article 41 shall be considered.

En_caso_que at the end of the respective period is determined to withdrawals, subject to tax remittances or distributions global complementary or additional non entitled to credit established in articles 56, number 3), and 63, attended that there is an accumulated balance of credits that assign to these, the company or respective society may voluntarily choose to pay by way of first category tax rate a sum equivalent to that resulting from applying referred tribute to an amount such that to subtract such a tax, the resulting amount is the net amount of removal, shipment or distribution. The tax paid, only can be charged against the global tax supplementary or additional that serious to withdrawals, remittances or distributions made in the year.

Without limiting the foregoing, tax paid pursuant to the preceding paragraph shall constitute a credit against the first category tax that is payable by the company or respective society in the following year or in subsequent. In the respective exercise a surplus of this credit, is determined either by the existence of a loss for tax purposes or for other cause, that surplus will not give right to return or allocation to other taxes, but may be charged in the exercise following, and subsequent, to total extinction. For the purposes of its allocation, such credit will reset at the same percentage of variation that has experienced the price index the consumer between the month prior to the closing of the exercise that has been determined and the month prior to the closing of the exercise of its allocation. The first category tax covered with the credit covered by this paragraph, no may be charged again as credit according to the provisions of articles 56, number 3), and 63.
4.-companies or companies benefiting from the provisions of this letter B), which are at the same time community members, partners or shareholders of other companies declaring their effective income in accordance with the provisions of the letters A) or C) of this article, or in accordance with the letter A), article 14 ter, must be attributed to their owners, community members, partners or shareholders (, affected global tax incomes complementary or additional, which them are attributed by the concerned companies, entitled to the credit provided for in articles 56, number 3), and 63, as appropriate, unless such income to be absorbed by losses, in accordance with provisions in number 3 of article 31, in which case attributed only that part that has not been absorbed by the loss.

The same rule shall apply in cases in which pensions have been attributed to the respective enterprise, by taxpayers subject to the provisions of this letter B), by income from third parties that the latter be attributed according to the established in the previous paragraph.

For these purposes, shall apply in the number 3-the letter A) of this article.

5.-taxpayers in the first category tax, subject to the provisions of this letter B), shall annually inform the service, before March 15 of each year, as this determines by resolution: to) the amount of the withdrawals, remittances or effective distributions that occur in the respective marketing year, with an indication of the beneficiaries of these quantities the date on which have been made and if it's income or amounts affected global tax supplementary or additional, exempt income, not constituting revenue from rent or rents that have fulfilled its taxation. Also must inform the credit rating that determined for the exercise, and the amount of the same, according to articles 56, number 3), and 63, with indication of if is a subject credit or not the obligation of restitution, and in both cases if the surplus determined after its imputation can be subject to return or not to taxpayers of complementary global tax.

(((b) remaining from the previous year, increases or decreases in the exercise, as well as the final balance to be determined for the records set out in letters a) and b) 2-precedent number.

(c) the details of the overall determination of the annual balance of incomes or affected tax amounts complementary or additional that keep the company, identifying the values that have served to determine financial equity, tax equity and capital effectively the company more their increases and decreases further, reset according to the variation of the price index the consumer between the previous month in which occurs the contribution , increase or decrease and the month prior to the term of the exercise.

d) the amount of income or amount that is attributed to owners, partners, respective, as provided in the number 4-previous community members or shareholders, and the criteria used to make this attribution, as provided in the number 3-letter A) of this article.

Taxpayers will also be required to report and certify to their owners, community members, partners and shareholders, in the form and term that establishes the service through resolution, the amount of income or amounts that are withdrawn, remesen les, attributed or distribute them, if it's income or amounts affected global tax supplementary or additional income exempt or not constituting income income (, as well as the credit established articles 56, number 3), and 63, and the 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 subject to the first category tax to declare effective incomes and not determining them on the basis of a balance sheet, according to full accounting, pensions established in accordance with title II, plus all income or benefits received or accrued by the company, including the incomes that are attributed to them or received in accordance to this article by shareholdings in companies that determine their taxable income in the same way ((, or determine it on the basis of full accounting, or are welcomed to the provisions in article 14 ter letter A), is charged with respect to the individual entrepreneur, partner, community member or shareholder, with the global tax supplementary or additional, in the same period to which they relate, attributed in the form established in the numbers 2- and 3-letter A) above.

2 alleged income be affected with world-class, global tax supplementary or additional, in the same period to which they relate, being attributed to the closure of one. En_el_caso_de societies and communities, the allocation shall be made in the way established in letters a) or b), the number 3.-, the letter A) of this article, and in proportion to their respective shares in the good concerned, as appropriate.

(D) rules on harmonization of tax regimes.

1. effects of regime change.

(((a) when taxpayers subject to the provisions of the letter A), choose to apply the provisions of point (B)), they must be kept, from the first day they are subject to the new provisions, the registration and control of the amounts recorded in the records that remained at the end of the financial year immediately prior to the change of regime. In this way, the amounts set forth in the letter a) and c), the number 4.-, the letter A), must be entered as part of the balance of the registration provided for in to), the number 2.-, letter B) anterior, while the balance of credit set out in f), concerned letter A number 4-), will be incorporated into the cumulative balance of credits referred to in paragraph ii) (, the number 2.-Letter B) above. (The amounts recorded in the register provided for in d), of the number 4-the letter A), shall be considered part of the balance of the lump sum of incomes or affected tax amounts supplementary or additional to keep the company at that date.

(((b) when taxpayers subject to the provisions of point (B)), choose to benefit from the provisions of the letter A), shall apply the provisions in number 2-article 38 bis. (In this case, the company will be affected with taxes to be determined as if it had given notice of end of turn, and the tax that you must pay, will be incorporated into the cumulative balance of credit referred to in the letter f), of the number 4.-, the letter A). Article 38 bis tax, shall be declared and paid in this case, the opportunity that should be submitted the annual declaration of income tax of the company, in accordance with article 69. They shall not apply in this situation, the rules laid down in point 3 of article 38 bis.

2.-effects of division, conversion and merging of businesses or companies subject to the regime established in the letter A) of this article.

In the division, conversion of an individual entrepreneur and merger of companies or societies, being understood within this last solution produced by the meeting of all rights or shares in a company in the hands of one person, in which the company or divided society, the becoming, the absorbent and the absorbed are subject to the provisions of the letter A) of this article (, companies or societies that constitute or the company or society charged, as applicable, must be kept in the same regime to complete the term of 5 years commercial, counted from that which joined in such a system the company or divided society, which develops or the continuation, as appropriate, period after which it may choose to apply the rules of the letter B) of this article fulfilling the requirements and formalities laid down in the second subparagraphs to the sixth of this article.

In the division of a firm or corporation subject to the provisions of the letter A), the balance of the amounts noted in the records referred to in the lyrics to), c), d) and f) of the number 4.-, the letter A), shall be assigned to each of the entities resulting in proportion to the respective tax equity, and must maintain the registration and control of these. For its part, society which is divided shall keep the record of the quantities referred to in the letter e), the quoted number 4.

En_el_caso_de the conversion or merger of companies subject to the provisions of the letter A) of this article, the company or charged society, must also maintain the registration and control of the amounts recorded in the registers referred to in the letters to), c), d) and f), the number 4.-, the letter A) of this article. The company or society that becomes or blends will be affected with taxes, and must attribute the income determined by the period corresponding to the end of your turn, pursuant to the numbers 2- and 3-, of the same letter. In these cases, company, community or society that ends his turn, not apply provisions of the number 1-article 38 bis.
(For the merger or absorption of companies or societies, in which the absorbent is subject to the provisions of the letter A) of this article, and one or more companies or companies that were absorbed or merged are subject to the provisions of point (B)), the latter is will affect tax which may be applicable, by income determined in the marketing year corresponding to the end of your turn (, in accordance with the aforementioned letter B) and other legal rules. It shall also apply with respect to these companies or societies, as provided in paragraph 2 of article 38 bis, however, will not be from the right to choose referred to in number 3, of that article. (Paid tax may be charged as credit, in accordance with the letter f), of the number 4.- and in the number 5-the aforementioned letter A), and must for that purpose, write down the date of merger as part of the cumulative balance of credit referred to in these last provisions.

In the merger by creation, the company or society that constitutes may elect to apply the provisions of letters A) or B) of article 14, according to the General rules laid down in the second subparagraphs to the sixth of this article. (Depending on the option exercised, the company or society that is, shall maintain records and amounts established in the numbers 4-, the letter A), and 2- and 3-letter B), of this article, keeping the merged companies as well as also, apply taxes that apply as appropriate the provisions of article 38 bis the effect on everything that is relevant to applying other rules laid down in this article.

(3 effects of division, conversion and merging of businesses or companies subject to the regime set out in B) of this article.

In the division, conversion of an individual entrepreneur and merger of companies or societies, being understood within this last solution produced by the meeting of all rights or shares in a company in the hands of one person, in which the company or divided society, the becoming, the absorbent and the absorbed were subject to the provisions of point (B)) of this article (, companies or societies that constitute or the company or society charged, as applicable, must be kept in the same regime to complete the term of 5 years commercial, counted from that which joined in such a system the company or divided society, which develops or the continuation, as appropriate, period after which it may choose to apply the rules of the letter A) of this article fulfilling the requirements and formalities laid down in the second subparagraphs to the sixth of this article.

In the division, the balance of amounts that be noted in the records referred to in the letters a) and b) of the number 2-letter B) of this article, as well as the balance of the lump sum of incomes or affected tax amounts supplementary or additional to register the company to that date, it will be assigned to each of them in proportion to the respective tax equity and must keep the registration and control of these quantities.

En_el_caso_de the conversion or merger of companies, the company or charged society must also maintain the registration and control of the amounts recorded in the registers referred to in letters a) and b) of the number 2-, letter B) of this article, as well as the balance of the lump sum of incomes or affected tax amounts supplementary or additional to register the company at that date. In these cases, the companies or societies which are converted or merged will affect tax which may be applicable, by income determined in the marketing year corresponding to the end of your turn, in accordance with the aforementioned letter B), and other legal regulations.

(Case of the merger or absorption of companies or societies, in which the absorbent is subject to the provisions of point (B)) are subject to the provisions of the letter A of this article, and one or more companies or companies that were absorbed or merged), the first shall maintain the registration and control of amounts written down at the time of the merger or absorption into the records of the absorbed. In this way, the amounts set forth in the letter a) and c), the number 4.-, the letter A), shall be entered at the date of the merger, as part of the balance of the registration provided for in to), of number 2-letter B), while the cumulative balance of credit referred to in the letter f), concerned letter A number 4) (((, score as part of the cumulative balance of credit referred to in the second paragraph), the letter b), the number 2.-, letter B), respectively. (The amounts recorded in the register provided for in d), of the number 4-the letter A), shall be considered part of the balance of the lump sum of incomes or affected tax amounts supplementary or additional to register the company at that date. In these cases, companies or companies absorbed affect taxes, and must attribute the income determined by the marketing year corresponding to the end of your turn, pursuant to the numbers 2- and 3-letter A).

((4 effects of the merger or absorption of companies subject to the provisions of the letters A) or B) of this article, with companies or societies subject to the provisions of articles 14 ter, letter A) and 34.

((((a) in the merger or absorption of companies or societies, in which the absorbent is subject to the provisions of the letters A) or B) of this article, and one or more companies or companies that were absorbed or merged are subject to the provisions of article 14 ter, letter A), the latter shall determine the date of merger or absorption ((, an inventory of the goods according to the provisions of point (c)), the number 6.-, the letter A), article 14 ter, by applying the same treatment that there is established for income to be determined at that date. In case of be a waste product from the application of the norms indicated, in no case may be imputed by the acquiring company.

((The difference that by application of the provisions of point (d)), the number 6.-, the letter A), article 14 ter, is determined at the date of merger or absorption, must sign up to that date in the records that is obliged to bring the company or acquiring company, pursuant to point (c)) of the number 4. (((, the letter A), or in the letter to) the number 2.-, letter B), both of this article, as appropriate.

(((b) in the case of merger or absorption of companies or societies, in which the absorbent is subject to the provisions of the letters A) or B) of this article, and one or more companies or companies that were absorbed 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, according to the rules that apply to taxpayers who move from the established regime regimes of letters A) or B) of article 14. The company or the acquiring company should be considered for all purposes of this Act, the value of the assets and liabilities of enterprises or companies being acquired, determined in accordance with these rules.

If a company or society subject to the provisions of article 14 ter letter A), or article 34, absorbs or merges with another subject to the provisions of the letter A) or B) of this article, the acquiring company must incorporate the effective income according to full accounting scheme which decide to choose, from the beginning of the marketing year in which the merger or absorption occurs. In such a case, subject to the first designated provisions companies should consider, for these purposes, that they have previously joined the scheme letter A) or B) of this article, as appropriate, following the indicated date, applied in all relevant rules laid down in the previous issues, and those governing regimes of taxation of article 14 ter (, letter A) and 34. The exercise of the option must be within the same year in which occurs the merger, in the form established in the fourth subparagraph of this article.

(E) information on certain investments. ((1-taxpayers subject to the provisions of the letters A) or B) of this article shall apply, with regard to investments that have been made, following rules:
(a) foreign investment: shall inform the service until 30 June of each marketing year, by the presentation of a declaration in the form that this fix by resolution, investments made in foreign trade last year, with an indication of the amount and type of investment, the country or territory in which it is located, in the case of actions during quotas or rights, the percentage of equity that arise from the company or entity established abroad, the destination of funds invested, as well as any additional information required by such a service in respect of such investments. In case of no show this statement, it shall be presumed, unless evidence to the contrary, that such investments abroad are withdrawals of amounts of disbursements of money that should not be attributed to the value or cost of the property, that for the purposes of applying the tax that corresponds according to article 21, without which its deduction in determining the taxable liquid income of first category or species. When the investments referred to in this letter made directly or indirectly to countries or territories included in the list referred to in paragraph 2, of article 41 D, or qualify as low or zero taxation in accordance with the article 41 H, in addition to the aforementioned Declaration, shall report annually, in due time , the State of these investments, with indication of their increases or decreases, the fate that the receivers have given to the respective funds, as well as any other information that requires the service about such investments, in the opportunity and form established by resolution. In case of no show this statement, it shall be presumed, unless evidence to the contrary, that such investments abroad are withdrawals of species or representative of disbursements of money the same way already designated quantities and with the same effects, for the purposes of applying the provisions of article 21. In any case, the taxpayer may be credited that investments were made with sums that correspond to its capital or income not constituting revenue, showing off, unless there is evidence to the contrary, that when the tax capital of the taxpayer exceeds the sum of its capital and of income concerned not constituting revenue, such investments have been made, in excess , with amounts that have not complied completely with the taxes of this law, then the process of the implementation of the provisions of article 21 referred. Malicious delivery of incomplete or false information in statements which establishes this letter, shall be punished in the manner provided for in the first paragraph, number 4 of article 97 of the tax code.

(b) investments in Chile: companies, entities or companies domiciled, resident, established or incorporated in Chile who obtain passive incomes according to the criteria referred to in article 41 G, may not be used in abusive way to defer or reduce taxation of final taxation of owners, partners or shareholders. According to the above, when it is determined the existence of abuse or simulation in accordance with articles 4 bis and following of the tax code, shall apply with respect to the amount of such investments taxation provided for in article 21, without prejudice to the application of penalties and taxes that apply to recipients of pensions or respective amounts that applicable. In any case, the taxpayer may be credited that investments were made with sums that correspond to its capital or income not constituting revenue, showing off, unless there is evidence to the contrary, that when the tax capital of the taxpayer exceeds the sum of its capital and of income concerned not constituting revenue, such investments have been made, in excess , with amounts that have not complied completely with the taxes of this law, then the process of the implementation of the provisions of article 21 referred. However, when it is determined that respective acts, contracts, and operations have been done maliciously in order to avoid, reduce, or defer the global application of taxation supplementary or additional, it shall be punished pursuant to the first paragraph of article 97 of the tax code number 4.

2. Special rules.

Taxpayer or entities domiciled, resident, established or incorporated in the country, whether or not subject of the income tax, that have or acquire in any calendar year the quality of constituent or settlor, beneficiary, trustee, or administrator of a trust created pursuant to provisions of foreign law, shall annually inform the service through the presentation of a statement in the form and term this set by resolution (, the following background: to) name or designation of the trust, creation date, country of origin, understanding by this the country whose law governs the effects of the provisions of the trust; country of residence for tax purposes; tax identification number used abroad in the acts performed in relation to the assets of the trust, indicating the country that granted that number; number of identification for tax purposes of the trust; and assets of the trust.

(b) the name, trade name or designation of the constituent or settlor, the trustee, administrators and beneficiaries of the same, their respective places of residence, country of residence for tax purposes; identification number for the same purposes, indicating the country that granted that number.

(c) if benefits from it or the beneficiaries of the trust are subject to the will of the trustee, another condition, a term or mode. In addition, to inform is if there are classes or types other than beneficiaries. When a particular class of beneficiaries may include persons who are not known or have not been determined at the time of the Declaration, by not being born, or because the aforementioned class allows new people or entities are incorporated into it, this circumstance in the Declaration shall be indicated. When the assets of the trust should or can be applied to a particular purpose, to inform you in detail the purpose. When it is the case, you must inform change of the trustee or administrator of the trust, of their duties as such, or the revocation of the trust. In addition, to inform is revocable or irrevocable character of the trust, with the indication of the grounds for revocation. Only obliged to the delivery of the information concerned those beneficiaries who are exercising as such under the terms of the trust or agreement and who have taken knowledge of such quality, even when they are not enjoying the benefits by having failed to the term, condition or mode set in the Act or contract.

When the information provided on the respective statement has varied, persons or entities obliged must submit, in the form established by resolution service, a statement detailing the new background, this until June 30 of the year following that in which the background provided in the prior statement have changed.

For the purposes of this issue, "trust" refers to legal relations created according to rules of foreign law, whether by Act inter vivos or by cause of death, by a person as a constituent or settlor, through transmission or transfer of goods, which are under the control of a trustee or administrator, in the interest of one or more beneficiaries or a particular purpose.

The set of legal relations, means also trust for these purposes, regardless of its denomination, comply with the following characteristics: i) the trust assets constitute a separate fund and are not part of the personal assets of the trustee or administrator; (ii) the title to the assets of the trust is established on behalf of the trustee, administrator or other person on behalf of the trustee or administrator; (iii) the trustee or administrator has the right and the obligation, of which due account, to administer, manage or dispose of the goods according to the terms of the trust and the specific obligations imposed by the foreign law. The fact that the constituent or settlor retains certain privileges or that the trustee has certain rights as beneficiary is not necessarily inconsistent with the existence of a trust.

The trust term shall also include any created legal relationship according to rules of foreign law, in which a person as a constituent, transmit or transfer the domain of goods, which remain under the control of one or more persons or trustees, for the benefit of one or more persons or entities or a particular purpose, and which constitute a separate fund and are not part of the heritage of the trustee or administrator.
In case of no-show the aforementioned Declaration by the constituent Assembly of the trust, be it presumed, unless proven otherwise, that the Constitution of the trust constitutes abuse or simulation in accordance with articles 4 bis and following of the tax code, applying the tax that corresponds according to the quality of the speakers and the legal nature of the operations. Malicious delivery of incomplete or false information in statements which establishes this letter, shall be punished in the manner provided for in the first subparagraph of article 97, the tax code number 4.

3. sanctions. Delay or omission in the presentation of the statements referred to in this letter or submission of incomplete statements or a history wrong, besides the legal effects referred to in the preceding numbers, it will be punished with a fine of ten annual tax units, additional for each month of delay, topped one hundred units per year tax increased with a yearly tax unit. The referred fine shall be applied in accordance with the procedure laid down in article 161 of the tax code.

(F) other standards.

(1. the service shall be established by resolution the formalities that must comply with the Declaration referred to in second subparagraphs to the sixth of this article, and the way in which records should be that establishes the number 4-the letter A), and the number 2-letter B), both in this article.

2 when it is determined that the total appropriations granted and certified by the company during the respective business year, exceed the amount of credit that effectively corresponds to the owners, community members, partners or shareholders, pursuant to this article, the company must pay the difference to be defined, without affecting the right to credit for the owner to the Treasury Community Member, partner or shareholder concerned. The tax difference as well aware, will be incorporated into the balance of accumulated credit, when the award and certificate has been reduced from the register. The payment of the aforementioned difference, shall be regarded as a removal, shipment or distribution, on behalf of the owner, community member, partner or shareholder, as appropriate, in the proportion that has been assigned excess credit in question. "."

(5) repealed article 14 bis. 6) article 14 ter be replaced by the following: ' article 14 ter-schemes for micro, small and medium-sized enterprises. "

A special regime for investment, working capital and liquidity.

Taxpayers who pay tax in accordance with the rules of the first category, subject to the provisions of the letter A) and B) of article 14, shall benefit from the simplified regime that establishes this letter, provided that they comply with the following rules: 1. requirements: to) have an average annual revenue received or earned from sales and services of its rotation no more than 50,000 units of development in the last three business years prior to admission to the regime, and while they are under the same. If the company is receiving has a less than 3 years existence, average will be calculated considering the effective existence of this exercise. However, designated income, may not exceed one year for the sum of 60,000 units of building in the terms established in number 5 of this article.

To carry out the calculation of the average income designated, monthly revenues are expressed in u.f. According to the value of the on the last day of the respective month, and the taxpayer must add to income obtained by its entities listed in the respective year. For these purposes, shall be deemed to be related, whatever the legal nature of the entities that form part of the same corporate group, drivers, and related companies, in accordance with articles 96 to 100 of the Act No. 18,045 on the stock market, unless the spouse or relatives up to the second degree of consanguinity of persons referred to in point (c)) of this last article.

b) case of taxpayers who choose to enter in the year they start their activities, their effective capital may not exceeding 60,000 units of development, according to the value of the first day of the month of commencement of activities.

(c) not taxpayers who obtain income from activities which are designated below, shall benefit from the provisions of this article and these exceed altogether 35 per cent of the total gross income of the respective business year: i. any of those described in paragraphs 1 and 2 of article 20. However, the incomes arising from the possession or operation of goods agricultural roots shall benefit from the provisions of this article.

II. participation in partnership contracts or accounts in participation.

III. of the possession or to any degree of social rights and shares in companies or investment funds. In any case, revenues from this kind of investment may not exceed 20% of the total gross income of the respective business year.

For the purposes set out in this letter, only income consisting of fruit or any other performance derived from the domain, possession or holding to precarious title of assets, values and designated shares will be considered.

(d) not be eligible companies whose paid-in capital belong in more than 30% to partners or shareholders who are companies that issued shares with stock quote, or are subsidiaries of the latter.

2. upon entering the simplified regime special situations.

Taxpayers who choose to enter the simplified regime established in this letter A) must be carried out following treatment headings referred to then, according to their balances at 31 December of the year prior to entry to this regime, without prejudice to taxation affecting in this period to the company and its owners, partners, community members or shareholders (((((: a) in the case of companies subject to the provisions of the letter A) article 14, shall be attributed to the end of the previous financial year to the one that admitted to the new regime, in accordance with the provisions of the letters to) or b) of the number 3 of the letter A) of article 14, as appropriate, to affect global tax supplementary or additional in that period ((, without right to credit of articles 56, number 3) and 63, revenues or quantities corresponding to the difference to be determined between the sum of the value of tax equity, and the quantities indicated below: i) the amount of the contributions of capital actually aware at the company or society, more increases and discounted further decreases that made from the same all them reset according to the percentage of variation of the index of prices to the consumer between the month prior to the date of contribution, increase or reduction of capital, and the month prior to the change of regime.

(((ii) scored quantities in records that set the lyrics to) and c) number 4 of the letter A) of article 14.

((The cumulative balance of credit referred to in the letter f), of the number 4.-, the letter A), article 14, you can continue being imputed to the first category tax payable by the taxpayer from the year of incorporation the regime of this letter A). For this purpose, credit must be readjusted whereas the percentage of change in the price index the consumer between the month prior to the change of regime and the month prior to the end of the respective year. In case of a surplus, this will fall in the same way in the following financial year and in the future. The remnants of credit may not be attributed to any other tax or is entitled to its return.

b) in the case of companies subject to the provisions of point (B)), article 14, at the end of the financial year preceding that in entering the new regime, should be considered withdrawals, distributed, or remesadas to affect global tax supplementary or additional, rent them or quantities corresponding to the difference to be determined between the sum of the value of the tax equity (, and quantities listed below: i) the amount of the contributions of capital actually aware at the company or society, more increases and discounted further decreases that have been made, all of them reset according to the percentage of variation of the index of prices to the consumer between the month prior to the date of contribution , increase or reduction of capital, and the last month of the previous year to regime change.

(((ii) scored quantities in the register referred to in the letter to), the number 2.-, letter B) of article 14.

(Income or amounts designated, shall be entitled to the credit of articles 56, number 3) and 63, in the manner and for the amount referred to in number 3 of the letter B) of article 14.
If applied the rules above, differences are not determined, or these are negative, the referral credit will be charged to first category tax payable by the taxpayer from the year of incorporation the regime of this letter A). For this purpose, credit must be readjusted whereas the percentage of change in the price index the consumer between the month prior to the change of regime and the month prior to the end of the respective year. In case of a surplus, this will fall in the same way in the following financial year and in the future. The remnants of credit may not be attributed to any other tax or is entitled to its return.

(c) the loss determined in accordance with the provisions of this Act at the end of the previous year, which have not been absorbed according to the provisions of point 3 of article 31, must be considered a departure from the first day of the initial exercise subject to the simplified scheme.

(d) fixed assets physical depreciable pursuant to number 5 or 5 bis of article 31, their net value determined according to the rules of this law, shall be considered a departure from the first day of the initial exercise subject to the simplified scheme.

(e) stocks of realizable assets, to their given value according to the rules of this law, shall be considered a departure from the first day of the initial exercise subject to the simplified scheme.

(f) accrued revenue and expenses owed at the end of the year immediately prior to the entry to the present regime, not must be again recognized by the taxpayer at the time of payment, or their perception as appropriate, without prejudice to their obligation to register and control according to the 3-next number.

3 determination of the tax base and its taxation.

For the control of revenues and expenses concerning this issue, taxpayers who are under the provisions of this letter A) and are not forced to carry the book purchases and sales, must carry a book of receipts and expenditures, which must be recorded both earned income as accrued obtained, as well as expenses paid or owed.

Taxpayers subject to this regime must be also a book case that reflects income and expenditures flow chronologically.

Service be established by resolution requirements which must comply with the books of receipts and expenditures, and case referred to in the preceding paragraphs.

(a) the contributors that this simplified arrangements should be taxed annually with the first category tax. For their part, owners, partners, community members or shareholders of the company, community or respective society, affect global tax supplementary or additional, as appropriate, on the income that qualification in compliance with provisions of the letters a) or b), the number 3, letter A), article 14. The first category of the simplified system tax base will correspond to the difference between the perceived income and expenses actually paid by the taxpayer, while the taxable base of the global tax supplementary or additional corresponds to that part of the tax base of the first category tax that is attributed to each owner, partner, community member, or shareholder according to the above-mentioned rules. ((Should also attribute the income that, in his capacity as partners or shareholders, assigned to them by other taxpayers subject to the provisions of the letters A), B) number 4, or to the number 1-the letter C), both article 14, or by contributors to this article.

In addition, the following shall apply: i) for these purposes, are considered to be income received during the respective period, coming from the operations of sales, exports and services, affected, exempt or not taxed with value added tax, as also all other income related to the draft or activity and those from the investments referred to in point (c)) the number 1.-previous that they received during the period, other than those from the disposal of physical assets that can not depreciate according to this law, without prejudice to apply in its disposal separately this regime as provided in article 17, number 8. For all purposes of this article, and to the letter i) article 84, shall be considered also perceived the earned income when it has elapsed a period exceeding 12 months from the date of issue of invoice, ticket or document that corresponds. For operations payable in term or in installments, the previous period will be calculated from the date on which payment is payable.

II) refers to expenditures the amounts actually paid by concept of purchases, imports and services, affected, exempt or not taxed with value added tax; payments of salaries and fees, interest paid, taxes paid that are not those of this law, the losses of previous years; those who come from acquisitions of paid physical fixed asset goods, except those that can not be depreciated according to this law, and the debts punished during the exercise, all of which must comply with the other requirements established for each case in article 31 of this law. In the case of procurement of goods or services payable in installments or long-term, may be lowered only those fees or part of the price or value actually paid during the corresponding period.

It will also accept as I egress activity 0.5% of revenues perceived the exercise, with a maximum of 15 monthly tax units and a minimum of 1 monthly tax unit, in force at the end of the exercise, by non-documented minor expenses.

In the case of operations with related entities, as defined this concept in the letter to), the former number 1, revenues should be computed for the determination of the respective interim payments, as well as for the determination of the tax base affect tax, in the period in which are received or accrued.

(b) for the provisions on this issue, will include all revenues and expenses, regardless of its origin or source or whether or not it is not taxable or exempt amounts under this law.

(c) the taxable income calculated in the way established in this issue will be affecting the first category tax and global complementary or additional, as designated by the year in which it is determined. First category tax no credit or rebate not may be inferred by concept of exemptions or tax franchises, except that designated in article 33 bis.

(d) exemption from the first category tax that are eligible if they meet the following requirements: taxpayers subject to this article, whose owners, partners or shareholders are exclusively the complementary global tax contributors, may elect annually to exempt from the payment of the first category in the respective exercise tax, in which case, owners, partners or shareholders are taxed on income referred to in this article only with the complementary global tax (, non-credit established in articles 56 number 3) and 63, per referred tribute. Nevertheless the above, if this option is not exercised the total of mandatory and voluntary interim payments reset which carried the company, community or society in the respective commercial year, will be charged by its owner, partners, community members or shareholders against the complementary global tax must declare, in the same proportion that the liquid taxable income should be attributed. If this attribution is a surplus in favour of the partner, community member or respective shareholder, this may request its return pursuant to articles 95 to 97.

The option to benefit from the exemption referred to in this letter shall be exercised annually, in the form that establishes the service through resolution, within the time limit for the annual declaration of the respective enterprise income tax.

4. release of accounting records and other obligations.

(Taxpayers that the simplified arrangements laid down in this article shall be released, for tax purposes, carry full accounting, practice inventory, make balance sheets, carry out depreciation, as well as keep the records specified in number 4 of the letter A) and paragraph 2 of the letter B), both article 14, and to apply the monetary correction established in article 41.

The foregoing shall be without prejudice to the decision of the taxpayer Alternatively carry full accounting, if it is deemed more suitable.

5. conditions for entering and leaving the simplified regime.

Taxpayers must enter the simplified regime starting January first of the year that they opt to do so, and must keep it for 5 full business years. The option to enter the simplified regime will manifest itself giving the respective notice service from January 1 to April 30 of the year calendar to incorporate the referral scheme. Trying to be the first commercial exercise must be reported to the service within the time limit referred to in article 68 of the tax code.
However, the taxpayer must necessarily leave this regime when it ceases to meet any of the requirements set out in number 1 of the present article. However, if time exceeds the limit of the annual average of revenues laid down in to), number 1 above, you can also stay in this regime. If exceeding the limit of 50,000 units of building for a second time, you must leave it compulsorily.

6. effects of removal or exclusion of the simplified regime.

(a) taxpayers who choose to withdraw from the simplified scheme shall give notice to the service during the month of October of the year preceding the desired change of regime, being subject to all the common rules of this Act from the first day of January of the year following the notice of. In such a case, they may choose to apply the provisions of the letter A) or B) of article 14 within the time limit, in the form referred to in the fourth paragraph of that article.

(b) subject as provided in number 5 above, taxpayers who, for breach of any of the requirements established in number 1 of the present article, should abandon the simplified regime, will do so for the first of January of the marketing year following that in which occurs the breach, subject to all the common rules of this law. In such a case, they may choose to apply the provisions of letter A) and B) of article 14 within the time to present annual tax return, form which establish the standards referred to in.

((c) to incorporate the contributor to the general regime of accounting full implementation of letters a) or b) preceding, you must practice an initial inventory for tax purposes, properly crediting the items that this contains. In this inventory should record the following items remain at 31 December of the last marketing year which was welcomed to the simplified regime: i) the existence of the realisable asset, valued according to replacement cost, and ii) the physical fixed assets, recorded by its value updated to the end of the year, to apply the rules of articles 31, number 5 and 41 , number 2, whereas with a normal service life depreciation application.

The difference in value to be determined between the designated in numerals i) and ii) record and the amount of the tax losses that have been determined at 31 December of the last marketing year which was welcomed to the simplified regime, will constitute a deferred income shall be charged equally within your gross income from the following 3 consecutive commercial exercises from one in which occurs the regime change, incorporating at least one-third of such income in each financial year until its total allocation. If this taxpayer puts an end to the giro's activities, that part of the deferred income whose recognition is pending, must add to the income from the exercise of the end of turn. For the purposes of its allocation, deferred income that may have occurred during the period will reset according to the percentage of variation experienced by the price index to the consumer in the period between the month prior to the end of the year that precedes the change of regime and the month prior to the balance sheet. Moreover, the balance of income deferred by counting against the following exercises will be reset according to the percentage of change in the price index to the consumer in the period between the month prior to the closure of the previous year and the month prior to the balance sheet. In case that a loss is the above-mentioned difference, it may deduct in accordance to the number 3 of article 31.

With respect to other assets that should be incorporated in the initial inventory, they will recognize the value of cost that corresponds according to the rules of this law.

((d) these taxpayers must determine, in addition, at the end of the last financial year in which they are welcomed to the provisions of this letter A), the amount of tax equity end, using the provisions in number 1 of article 41, whereas the assets valued according to the preceding rules. They must not consider forming part of own capital, accrued revenue and expenses owed to that date, which have not been considered in the determination of the tax base referred to in number 3 above, have not been collected or paid at that date. The amount so determined shall constitute equity initial of the company at the time of change to the general regime.

The positive difference resulting from subtracting the value of the tax equity referred to in the preceding paragraph, the amount of the deferred income and the value of capital effectively to the company more their increases and less their subsequent decreases, re-designed according to the variation of the index of prices to the consumer between the previous month that occurs the contribution (((, increase or decrease and the month prior to the term of the last year played host to this regime, must register as part of the opening balance of the records which shall be obliged to bring the company or society, in accordance with the letters c) number 4., the letter A), or in the letter to) the number 2.-, letter B) of article 14 , according to the regime to which it is subject the taxpayer.

(e) in any case, the addition to the general regime of the Act may not generate other earnings or losses, from items that affected or should affect the outcome of any exercise under the application of the simplified scheme.

(((f) taxpayers who are removed from the regime simplified by application of the provisions in the letters a) or b) unprecedented may not return to join him until after after five consecutive business years subject to the General rules of this law.

((g) accrued income and owed costs which have not been computed under the provisions of this letter A), on the occasion of the change of regime, must be recognized and deducted, respectively by the taxpayer, at the time of incorporation to the general system of taxation that corresponds.

7. obligations inform and certify.

Taxpayers subject to this regime must report annually to the service, and report, and certify to their owners, community members, partners and shareholders, in the form and term the service determined by resolution, the amount of income or amounts assigned, removed and distributed to respective owners, partners, community members or shareholders, as well as the amount of interim payments to declare and assign to each of them where applicable, pursuant to this article.

B exemption from additional tax for services abroad.

The quantities set out in article 59 2, obtained by non-domiciled taxpayer number or residence in the country in the provision of advertising services abroad and the use and subscription platforms of technological services of internet companies forced to declare their effective income according to accounting completed by incomes from article 20 of this law ((, is that they have embraced or not to the provisions of the letters A) or C) of this article, whose average annual income from your money does not exceed 100,000 units of development in the last three business years, will be exempt from additional tax. However, applies a rate of 20% if the creditors or beneficiaries of compensation are in any of the circumstances listed at the end of the first paragraph of article 59, which must be accredited and declared in the manner provided in this subsection.

C incentive to savings for medium-sized enterprises.

Taxpayers forced to declare their effective income according to accounting completed by incomes from article 20 of this law, subject to the provisions of the letter A) or B) of article 14, whose average annual income from your money does not exceed 100,000 units of development in the last three business years, including that respect which is intended to invoke the incentive that establishes this letter ((, they may elect annually to make a deduction from the taxable liquid income taxed with the first category tax: to) taxpayers subject to the provisions of the letter A) article 14: may deduct up to an amount equivalent to 20% of the taxable income of liquid which remains invested in the company.

b) taxpayers subject to the provisions of point (B)) article 14: may deduct up to an amount equivalent to 50% of the taxable income of liquid which remains invested in the company.

However, in the cases referred to in the letter a) and b) record, the aforementioned deduction may not exceed the equivalent of 4,000 units of development, according to the value of the last day of the respective business year.

For the purposes set out in this letter, shall be deemed that the liquid, taxable income which remains invested in the company corresponds to the determined according to title II of this Act, deducted the amounts withdrawn, remesadas or distributed in the same marketing year, that they should be taxed or not with taxes of this law.
In any case, if the company exercised the option has a less than three business years existence, the average income referred to in the first paragraph of this letter shall be calculated considering commercial age of effective existence of this. For the calculation of the average referral income, monthly revenues are expressed in u.f. According to the value of this in the last day of the respective month and the taxpayer must add to their income obtained by its related companies in the terms provided for in to), number 1, A).-This article.

Taxpayers must exercise the option referred to in this letter, the deadline for presenting the annual declaration of the respective income taxes, and must say so expressly in the form established by resolution service.

However, to invoke the incentive that establishes this letter, taxpayers will own or exploit any title, social rights, shares of mutual funds, shares of mutual funds, shares of corporations, not part of contracts of association or accounts in participation. However the above, taxpayers may be concerned investments, in both its revenues and in fixed income instruments not exceeding 20% of the total income for the year. "."

(7) repealed article 14 c.

((8) in article 17: to) in the second paragraph of the number 3°, delete the expression ", to the extent that this is not welcomed to article 57 ° bis,".

(b) replace the number 5 by the following: "5.-the value of the contributions received by societies, only with respect to these and the highest value referred to in no. 13 of article 41. Nor shall constitute income the sums or goods having the character of contributions delivered by the associate to a participation account manager, only in respect of Association, and always that they are accredited convincingly. "."

(c) delete the number 6 °.

(d) replace the number 7 ° by the following: "7.-social capital returns and resets these, carried out in accordance with this law or previous laws, provided that they do not correspond to capitalized utilities that must pay taxes of this law. The amounts withdrawn, remesadas or distributed by these concepts shall be charged and will affect tax of first category, global complementary or additional, as appropriate, in the form provided for in article 14, accusing ultimately social capital and their adjustments. "."

(e) replace the 8th by the following number: "(8°.-Las enajenaciones a que se refiere el presente número se regirán por las siguientes reglas: a) alienation or transfer of shares of joint-stock companies, limited partnership by shares or social rights in societies of people." (i) shall not constitute income that part will get up to the concurrence of the value of contribution or the well respective acquisition, increased or decreased, as the case may be, by increases or decreases in capital later carried out by the seller. For these purposes, values must be readjusted according to the percentage of variation experienced by the price index consumer between the month prior to the acquisition, contribution, increase or decrease in capital and the month prior to the alienation of.

II) to determine the greatest affection to tax, shall be deducted from the price or value assigned to the alienation, the cost value for tax purposes that correspond to the respective good according to the provisions of the preceding paragraph.

(In the alienation of shares or rights in companies benefiting from the provisions of the letter A) article 14, may lower the higher value to be determined, but that this effect can be determined a loss in the operation, an amount equivalent to the portion of the income referred to in the letter to) the number 4 (, the letter to) article 14, accumulated in the company, which have not been removed, remesadas, or distributed at the end of the shopping period preceding the alienation, in the proportion corresponding to social rights or actions that alienated, discounting the value of withdrawals, remittances or distributions that the seller has performed or perceived from the company previously this sum and during the same period in which the disposal occurs before this.

For this purpose, such incomes, retreats, remittances or distributions must be readjusted according to the percentage of variation experienced by the price index consumer between the month prior to the last balance of society, or removal, shipment or respective distribution, and the month prior to the disposal, as appropriate.

(((iii) If between the date of acquisition and disposal of designated property has elapsed a period less than one year, the greatest value to be determined in accordance with the numeral i) and ii) above, will be affected with the first category tax and global complementary or additional, as appropriate, on the basis of the income perceived or accrual, your choice.

IV) If between the date of acquisition and disposition has been at least a year, said higher value only will be affected with the global tax complementary or additional, as appropriate, on the basis of the income perceived or accrual, your choice.

For the calculation of the supplementary global tax, in the latter case, taxpayers may choose to enforce the following rules, provided that they declared on the basis of the accrued income: said higher value means earned during the period of commercial years in which social rights or actions that alienated have been held by the seller, up to a maximum of ten years , should be higher than that. For this purpose, the fractions of months shall be considered as a full year.

The amount corresponding to each year is obtained by dividing the total of the highest value obtained, adjusted in the manner provided in the following paragraph, by the number of years of holding the shares or social rights, with a maximum of ten.

The adjustability of the number 4 of article 33 rules shall apply for the purposes of performing annual declaration, with regard to the mentioned value, and does not apply during any period the exemption established in article 57.

The adjusted amounts corresponding to each year will be converted to monthly tax units, according to the value of this unit in the month of December of the year in which took place the alienation, and will be located in the years in which accrued, in order to liquidate the complementary global tax in accordance with the standards and according to the value of the quoted unit in the month of December of the respective year.

Differences in taxes or refunds for returns to be determined by application of the preceding rules, as appropriate, are expressed in the respective year monthly tax units and will be solved in the equivalent of such units in the month of December of the year in which took place the alienation.

Tax resulting from the reassessment established above must declare and pay the tax that corresponds to the calendar year or commercial year that has taken place in the alienation.

(v) of the higher set value can deduct losses from the disposition of the same type of goods mentioned in this letter, obtained in the same period. For these purposes, such losses will reset according to the percentage of change in the price index to the consumer in the period between the month preceding the alienation produced by these losses and the month prior to the end of the year. In any case, so appropriate this deduction, such losses should be accredited convincingly before service.

(((vi) when the whole of the highest values determined at the disposal of the assets referred to in the letters to), c) and (d)), this number, obtained by taxpayers who are not obliged to declare your effective income in the first category, does not exceed the equivalent of 10 annual tax units, according to their value at the close of the exercise that has taken place in the alienation shall be deemed for the purposes of this law as not establishing income from rent. In the event that they exceed that sum, the total of the highest values will be affected with the designated tax.

However, the case of disposals made to related parties within the meaning of the third subparagraph of this number 8), or to the spouse or relatives ancestor or descendants up to the second degree of consanguinity, and any time between acquisition and alienation of the goods concerned, taxpayers will affect the respective tax based on perceived or accrued income.

(b) transfer of real estate located in Chile, or rights or quotas respect of such property possessed in the real estate community, carried out by natural persons with domicile or residence in Chile.
Shall apply, as appropriate, the rules outlined in the letter to) on this issue, with the exception of the provisions of its article vi). Without limiting the foregoing, in this case will be part of the purchase price, the disbursements incurred in improvements that have increased the value of the good, re-designed according to the variation of the index of prices to the consumer between the month prior to the improvement and the month preceding the alienation, carried out by the seller or a third party, provided that they have passed to form part of the property of the seller and have been declared at the opportunity that corresponds before the service, in the form established by resolution, to be included in the determination of the tax valuation of the respective property for the purposes of the land tax, prior to disposal.

However stated, shall not constitute income the greater value to be determined in cases of urban or rural land subdivision and sale of buildings by floors or departments, provided that alienation takes place four years after the acquisition or construction, where appropriate. In all other cases shall not constitute income the greater value to be determined when between the date of acquisition and disposition expires not less than one year. In the event that the Convention that gives origin to the alienation takes place pursuant to any act or contract that aims to sign the contract that serves as title to dispose of the respective property, the time limit will be calculated from the date of that act or contract. The provisions of this paragraph will also apply regarding wineries or parking lots, as these are included in the disposal of departments.

However, in designated cases not only that part of greater value not exceeding, independent of the number of disposals made, the number of real roots of the taxpayer-owned, and with the aforementioned requirements, shall constitute income the sum total equivalent to 8,000 units of building. For the computation of the value of this will be used to whoever is at the end of the financial year in which the respective alienation took place. The service remain available to taxpayers background available on disposals carrying for purposes of computing the designated limit.

The highest value given in the disposal of property which comply with the requirements set out in the preceding paragraphs, exceeding the limit of not establishing income of previous income, be taxed in the year in which the excess occurs, in the form indicated in paragraph iv) Letter to) above, either, with a unique and substitutive tax rate 10% , at the option of the taxpayer. In the latter case, tax will be declared and paid on the basis of the perceived income, in accordance with stated in articles 65, no. 1, to 69.

At the disposal of the goods concerned, acquired by succession by cause of death, the taxpayer may deduct, in the proportion that apply to you, as a credit against the respective tax, tax allocations by cause of death of the law N ° 16.271 paid on such goods. The amount of the credit shall correspond to the equivalent sum that results from applying to the value of the tax actually paid by the recipient, the proportion to be determined between the value of the property respective root that has been considered for the calculation of the tax and the equity of all the assignments that have corresponded you to the seller 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 alienation takes place, and so the value of the tax reset according to the variation of the price index allocations by cause of death, the value of the good and liquid mappings that have corresponded you to the alienating consumers between the previous month and the month prior to the date of payment of the referred tax at the end of the period in which the disposal occurs.

(c) disposal of mining and water rights. To determine the tax that corresponds on the highest values from the alienation of such property, shall apply in what were the rules laid down in relevant to) above.

(d) disposal of bonds and other debt securities. To determine income not establishing income and taxation corresponding on the highest values from the alienation of such property, shall apply in what were the rules laid down in relevant to) above, except as provided in its article iv). In this case, the acquisition value should decrease with amortizations of capital received by the seller, reset according to the percentage of change in the price index the consumer between the month prior to the amortization and the month prior to the disposition.

(e) disposition of the intellectual or industrial property right. Income is not the highest value obtained in its disposal, provided that the seller is the respective inventor or author.

(f) the allocation of goods does not constitute income in partition of inheritance and in favour of one or more heirs of the deceased, of one or more of these, heirs or assignees of them. However the above, the cost of a future disposal of assets awarded for all tax purposes, shall be equivalent to the value of the respective assets has been considered for the purposes of the tax on inheritances, redesigned according to the variation of the price index the consumer between the month prior to the opening of the succession and the month prior to the award of.

(g) the allocation of goods does not constitute income in liquidation of community property in favor of either of the spouses or of one or more of his heirs or assignees of the two.

(h) does not constitute income the higher value from the disposition of vehicles intended for the carriage of passengers or exclusively to foreign freight transportation, which are owned by individuals who have only one of these vehicles to the date of disposal. To determine income not establishing income and taxation corresponding on the highest values from the alienation of such property, shall apply in what were the rules laid down in relevant to) above, except as provided in its article vi).

(Notwithstanding the provisions in the preceding letters, shall always income subject to taxation in the numeral iii), letter to) above, about the perceived or income accrued, the higher value obtained in the alienation of all kinds of goods that make members of societies of persons or shareholders of the closed joint-stock companies, or shareholders of open joint stock companies owners of 10% or more of the actions (, with the company or respective society or that have interests, or those that are carried out with related companies or of the same business group under the terms of articles 96 to 100 of the Act No. 18,045 on the stock market, any the legal nature of the respective entities, unless the spouse or relatives up to the second degree of consanguinity of persons referred to in point (c)) , this last item. Shall apply, as appropriate, the rules contained in the letter to) this number, except as provided in its article vi), to determine the greatest affection to tax value.

When the operations referred to in this issue are made by contributors to determined the first category on effective income tax, the total of the value referred to in this issue will constitute income taxing in accordance with the rules of title II, with the first category tax and global complementary or additional, as appropriate, on the basis of perceived or accrued income agree to the tax regime is that subject. In these cases, the acquisition values will reset by applying the rules of article 41, when the respective taxpayer is obliged to apply these rules.

The service may apply the provisions of article 64 of the tax code, when the value of the alienation of a property root or other goods or values that are transferred are markedly exceeding the market value of real estate of similar in the respective locality, characteristics and location or the current square, whereas the circumstances in which the operation is performed. The difference between the value of the disposal and which is determined pursuant to this provision shall be subject to taxation established in the literal ii) of the first subparagraph of article 21. Pricing, settlement and rotation carried out on the occasion of the implementation of the aforementioned article 64 of the tax code may be claimed in the form and terms pointing this provision and in accordance with the procedures indicated.
Alienation, for the purposes of this law, the transfer and the return of shares of joint-stock companies with stock market presence, which on occasion of a loan or lease of shares, in a deal stock short sale, provided that the actions given in loan or lease have acquired in a stock exchange of the country or in a public stock offering process governed by title shall not be deemed XXV of Law No 18,045, on the occasion of the establishment of the society or increased capital back, or the placement of shares first. They have stock market presence means those actions that comply with standards to be object of mutual funds investment.

To determine the taxes that tax revenues that perceived or bearing the transferor by the operations referred to in the preceding paragraph, the General rules of this law shall apply. In the case of the assignee, revenues that would be product of the alienation of the ceded actions shall be earned or accrued, in the exercise that is need to restore actions to the assignor, whose cost will be recognized pursuant to article 30.

Provisions of the preceding two paragraphs shall apply also to the bond loan in trading of short sale. In any case, the borrower must purchase bonds that should restore any formal markets referred to in article 48 of the Decree Law No. 3,500 of 1980.

It is greater remuneration for directors, counselors, and workers, the benefit that comes from the delivery that makes the company or society, its related, drivers or other companies that are part of the same corporate group, in accordance with articles 96 to 100 of the law N ° 18,045 on the stock market, an option to acquire shares, bonds or other securities issued in Chile or abroad; as well as from the exercise or assignment of the same. This, regardless of the taxation that may affect him by the highest value obtained in the assignment or transfer of the securities or instruments acquired once exercised the option and tax cost that corresponds to deduct in that operation.

For the purposes of this issue, that of the respective contract, instrument or transaction date means of acquisition or disposal. "."

(9) delete article 18.

((10) in article 20: a) Reemplazanse, in the heading, the figure "20%" with "25%", and the word "This" by the following: article 14, tax "(En el caso de los contribuyentes sujetos a las disposiciones de la letra B) will be 27%." "In both cases, the".

(b) replaced the number 1 with the following: "1.-income from real estate in accordance with the following standards: case of taxpayers who possess, or exploit any title real estate be taxed the effective income from such property."

In the case of goods agricultural roots, from the amount of tax in this category may reduce the territorial tax paid for a period which corresponds to the statement of income. Only the owner will be entitled to this rebate or usufructuary. If applicable to this category income tax exceeds the amount of the reduction referred to in this paragraph, such surplus not may attributed to other tax or to request their return. Not give right to return in accordance with the provisions of articles 31, number 3; 56, number 3 and 63, or to any other legal provision, the first category tax in that part which has been deducted from the tribute credit by the land tax. The service, by means of resolution, will give instructions for the control of the provisions in this paragraph.

Quantity whose deduction is authorized in the preceding paragraph will be reset according to the percentage of variation experienced by the index of prices to the consumer in the period between the month prior to the date of payment of the contribution and the month prior to the end of the respective year.

In the case of taxpayers who do not declare their effective income according to full accounting, and den in lease, sublease, usufruct, or otherwise transfer or temporary use, real estate, be taxed the effective income of said property, accredited by the respective contract, without any deduction.

For these purposes, shall be regarded as part of the effective income the value of useful improvements, contributions, benefits, and other payments agreed in the respective contract or subsequently authorized, provided that they are not subject to the condition of reinstatement and are for the benefit of the lessor, sublessor, knot owner or transferor to any degree of real estate.

The standards of the last two paragraphs of the letter shall apply to taxpayers in this letter to) this number.

The construction and real estate companies real estate that build or cause it to build for later sale, they may be attributed to tax this paragraph the territorial tax paid from the date of the final acceptance of construction works, applying the standards of the last two paragraphs of the letter to) this number. "."

(11) replaced article 21 with the following: "article 21.-corporations, the taxpayers of number 1 of article 58, individual entrepreneurs, communities and societies of people declaring their income effective according to a balance sheet according to full accounting, shall declare and pay according to articles 65, number 1, and 69 of this law, a single 40% tax" , which will not have the character of tax category, which will be applied on: i. the games of number 1 of article 33, which correspond to species retreats or amounts of disbursements of money that should not be attributed to the value or cost of the property. The designated taxation applies, unless these items are taxed pursuant to the literal i) of the third paragraph of this article;

II. the quantities to be determined by application of the provisions of articles 17, number 8, fourth paragraph; 35, 36, second paragraph; 38, 41 e, 70 and 71 of this law, and those to be determined by application of the provisions of subparagraphs third to the sixth article 64 and article 65 of the tax code, as appropriate, and iii. The amounts that corporations intended for the acquisition of shares of own issue, in accordance with the provisions of article 27 of the law N ° 18.046, on joint-stock companies, when they have not alienated them within the time limit referred to in article 27 C of the Act. Such amounts will reset according to the variation of the index of prices to the consumer between the month that precedes to the one that was carried out the acquisition and the month prior to the end of the year in which such actions had alienated.

Will not affect this tax, nor with the one indicated in the following third subparagraph: (i) the prepaid expenses which must be accepted in future periods; (ii) the first category tax; This article only tax and the land tax, all of them are paid; (iii) interests, readjustments and fines paid to the Treasury, municipalities and agencies or public institutions created by law, and (iv) the items referred to in article 31 number 12 ° and mining patents, in both cases where it may not be deducted as an expense.

The global taxpayer complementary or additional, as owners, community members, partners or shareholders of companies, communities or societies that determine your effective income according to a balance sheet according to full accounting, must declare and pay the taxes concerned, as appropriate, on the amounts indicated below in the literal i) to iv), taxes, whose amount will be increased by an amount equivalent to 10% of the above quantities. This tax will apply in lieu of the established in the paragraph first: i) headings of number 1 of article 33, which correspond to species retreats or amounts representing expenditure of money that not be attributed to the value or cost of the assets of the asset, when they have benefited the owner, partner, community member or shareholder. In these cases, the service can determine founded the benefit that such subjects have experienced. When such amounts benefiting two or more shareholders, community members or partners and it is not possible to determine the amount of benefit corresponding to each one of them, they will affect with the taxation established in this subsection, in proportion to their participation in the capital or profits of the company or respective society.
(ii) the loans made by the company, permanent establishment, the community or respective society, with the exception of the open joint-stock companies, owners, community members, partners or shareholders contributing complementary global tax or further, to the extent that the service determined founded so that constitute a retreat, remittance or covert of quantities affected to such taxes. The taxation of this subsection will apply on the total amount borrowed, reset according to the percentage of change in the price index consumer between the month prior to the granting of the loan and the month that precedes the end of the exercise, properly gleaning is reset all those amounts that the owner, partner or beneficiary shareholder has returned to the company or partnership by way of payment of the principal on the loan and their adjustments during the respective period. To these effects service will consider, among other things, balance profits accumulated in the company at the date of the loan and the relationship between them and the amount borrowed; the destination and end-user of such resources; the term of payment of the loan, its extensions or renewals, rate of interest and other relevant clauses of operation, circumstances and elements that must be expressed by the service, founded, to determine that the loan is a removal, shipment or distribution concealed quantities affected taxation of this subsection.

(The amounts referred to in this paragraph shall be deducted as such in the company, community or lending society, of the quantities referred to in the number 4-, the letter A), of article 14 and the numbers 2- and 3-letter B), of the same article.

(iii) the profit that represents the use or enjoyment, which is not necessary to produce income, the property of the company or respective society any title, or without any title. For these purposes, it shall be presumed right that the minimum value of the benefit will be 10% of the value of the given property for tax purposes at the end of the financial year; 20% of the same value in the case of cars, station wagons and similar vehicles; and 11% of assessed valuation Prosecutor trying to real estate, or in any of the above cases, an amount equivalent to the annual depreciation as applicable, when represent higher, any number that is the period in which have been used goods in the exercise or in the proportion that the taxpayer justified convincingly.

The minimum value of the benefit calculated according to the above rules may lower sums actually paid corresponding to the period for the use or enjoyment of the property, applying to the difference taxation established in this third paragraph.

For taxpayers engaged in activities in rural areas, does not apply the tax established in the third paragraph to the benefit that represents the use or enjoyment of the assets of the company located on such sites. Nor shall apply such taxation to the benefit that represents the use or enjoyment of the assets of the company aimed at the scattering of its staff, or the use of other goods, where it is not usual. In the event that such use is common, applies the tax established in subsection first of this article, which will be in charge of the company, community or company owns and the benefit for such use shall be calculated according to the preceding rules.

When the use or enjoyment of a same good is granted simultaneously to more than one partner, community member or shareholder and is not possible to determine the proportion of the profit which corresponds to each of them, this is determined is distributed in accordance with the rules referred to in article 14, letter A), for the allocation of revenue. In the event that the use or enjoyment has conferred for a period less than the respective business year, circumstances which must be accredited by the beneficiary, it must be considered for purposes of the calculation of taxes.

(The amounts referred to in this paragraph shall not be deducted in the company, community or respective society, of the quantities referred to in the number 4-letter A) of article 14, and the numbers 2- and 3-letter B) of the same article.

IV) in the event that any property of the company, community or society is delivered in guarantee obligations, direct or indirect, of the owner, community member, partner or shareholder, and this was executed by the total or partial payment of such obligations, the taxation of this paragraph shall apply to the owner, community member, partner or shareholder whose debts were guaranteed in this way. In this case, said taxation is calculated on executed warranty, according to their current value in square, according to the provisions of article 64 of the tax code. ((The amounts referred to in this paragraph, up to the value of the tax asset that is executed, shall be deducted in the company, community or respective society, of the quantities referred to in the number 4-letter A) of article 14, and the numbers 2- and 3-letter B) of the same article.

For the purposes of taxation established in the third paragraph, refers to items identified in the literal i) benefit, that the loan has been made, than the benefit stated in the literal iii) has conferred or that are have guaranteed obligations to the owner, community member, partner or shareholder, as the case, when such amounts as the beneficiary of the items identified in the literal i) (debtor, the loan beneficiary the use or enjoyment in the literal iii), or subject whose debts have been guaranteed, their respective spouses, children not legally emancipated or to any person connected with those in the terms of article 100 of the law N ° 18,045, on securities market, unless the spouse or relatives up to the second degree of consanguinity of persons referred to in point (c)) of this last article , and also determined that the final beneficiary in the case of loans and guarantees is the owner, partner, community member or respective shareholder. "."

(12) in the 2nd issue of article 22, replaced the expression "this paragraph" by "article 24".

(13) in the final paragraph of article 23, suprimense the expressions ", N ° 1 of this Act, in which case, may not return to the system of flat tax established in this article".

(14) in the first paragraph of article 29, insert, after the word "income", the third time that he appears, the expressions "which does not constitute income".

((15) in article 31: to) replace final paragraph first sentence by the following: "nor shall the deduction of expenses incurred in supermarkets and similar shops, when they do not correspond to goods needed for the development of the usual rotation of the taxpayer. However, will the deduction of expenses with respect to designated vehicles, when Director previously qualify them necessary, at its sole discretion. For expenses incurred in supermarkets and similar shops, it can be performed its deduction when they do not exceed 5 annual tax units during the respective fiscal year, provided that it complies with all requirements established by this article. Where such expenses exceed the designated amount, shall be equally its deduction being fulfilled all of the conditions specified in this article, provided that prior to filing the annual income tax statement, is reported to the service, in the form established by resolution, the amount incurred in related expenses, as well as the name and number of tributary of it or the suppliers unique role. "."

(b) enter the following paragraph third, new, passing the current third paragraph to be fourth paragraph: "for the quantities referred to in article 59, when they originate in acts or contracts directly or indirectly related parties of the respective local authority under the terms of article 41 E, only shall their deduction as an expense in the calendar year or trade your payment" credit on account or making available. So relevant to your deduction, is required that it has been declared and paid the respective additional tax, unless such amounts are exempt or not taxed with the aforementioned tribute, either by law or by application of a Convention to avoid double international taxation. In addition, to make its deduction from they must comply with the conditions specified in this article, insofar as they are applicable. The provisions of this subsection, does not preclude the application of the provisions of article 41 E. "."

(c) in the 1st number of the third subsection, which happens to be fourth, add the following second paragraph: "However, interest and other financial expenses in accordance with the provisions of this article meet the requirements to be deducted as expenses, which come from credits earmarked for the acquisition of social rights, equities, bonds and, in general, any type of capital , may be deducted as such. "."

(d) in the number 3° of the third subsection, which happens to be fourth, replace the second subparagraph by the following: "losses from prior years, may also be provided that the requirements of the preceding paragraph.
Losses must be attributed to income or amounts received by way of withdrawals or dividends subject to tax global complementary or additional, other companies or societies, is that they are covered by the provisions of the letter A) or B) of article 14. (The difference must attributed to revenues that are attributed to them in the respective exercise pursuant to the numbers 2 and 3 of the aforementioned letter A), or according to the provisions in number 4-letter B), both article 14, as appropriate, in the role of partner, community member, or shareholder, starting with those from other companies or societies forced to determine your effective income according to full accounting (, then those from companies or societies that have no such obligation, and, finally, those who are covered by the provisions of article 14 ter, letter A).

If the incomes referred to in the preceding paragraph are not sufficient to absorb them, the difference must be attributed to immediately following exercise according to stated and so on.

In the event that the losses absorbed wholly or partly perceived or attributed in the exercise utilities, first category tax paid on those profits, shall be regarded as interim payment on that part proportionally corresponding to the input utility, and the rules of adjustability, imputation or return that point to articles 93 to 97 shall apply. "."

(e) in the number 5° of the third subsection, which happens to be fourth, delete the third paragraph.

(f) Insert the following number 5 ° bis: "5th bis.-for the purposes of the number 5 ° above, taxpayers who in the 3 years prior to that on which begins the use of the good, whether it's new or used goods registered an average annual income of the giro exceeding 25,000 unidades de fomento You can depreciate the assets of the fixed assets whereas a useful life of one year. Taxpayers who do not register operations in previous years be eligible to this depreciation scheme provided that they have an effective capital not more than 30,000 units of development, to the value that they have on the first day of the month of the beginning of activities. If the company is less than 3 years existence, the average shall be calculated considering effective existence exercises.

Taxpayers who, in the 3 years prior to that on which begins the use of the good, registering an average annual income of more than 25,000 units of building spinning and which does not exceed 100,000, may apply the regime of the depreciation referred to in the preceding paragraph, for new or imported goods, whereas as the useful life of the respective asset equivalent to a tenth of life set by the Directorate or Regional address expressed in years, scorning the values decimal resulting. In any case, the resulting life may not be less than one year. If the company is less than 3 years existence, the average shall be calculated considering effective existence exercises.

For purposes of determining the average annual income of the rotation in accordance with the provisions of the preceding paragraphs, monthly revenues are expressed in building according to the value of the units on the last day of the respective month.

Otherwise, the rules that establishes the number 5 ° above shall apply. "."

(g) in the 6th issue, replacements expressions "employees and workers", "employee and worker" and "employees or to all workers", by the expressions "workers", "worker" and "workers", respectively.

((h) in the number 9 °: i) replace, in the final sentence of the third paragraph, the phrase "deferred expenditure and be deducted in equal parts by the taxpayer in a span of ten consecutive business years, counted from that in which it was generated.", by the following: "intangible asset, only for the purposes that be punished or amortized to the dissolution of the company or society , either at the end of turn of the same. However, this intangible asset will be part of the equity of the company, and will reset annually pursuant to number 6 of article 41. "."

(ii) delete the first sentence of the fourth paragraph.

(iii) delete the fifth paragraph.

(iv) replace, in the last sentence of the sixth paragraph, which happens to be the fifth paragraph, the phrase "deferred expenditure which must be deducted in the period of 10 years already designated", by the following: "intangible assets, corresponding to this issue".

16) in article 33: to) add in the number 2 the following point (c)), new: "c) (the amounts referred to in paragraphs i. first subparagraph e i) of the third subparagraph of article 21.".

(b) in the second paragraph of the 4th number replacements expressions "referred to in articles 20°, N ° 1 and 34 °", by the expressions "that includes article 34".

(c) add the following number 5 °, new: "(5°.-Sin perjuicio de lo dispuesto en la letra a) (2nd number-this article, and in the 1st issue-article 39: to) taxpayers subject to the provisions of the letter A) article 14 shall incorporate as part of the liquid income taxable income or amounts referred to in point (c)) of the number 2-the letter A) of the same article." For such incorporation shall previously increase them in the manner indicated in the final paragraph of number 1 of article 54. En_contra_de the first category tax to be paid on income or amounts indicated, shall be the deduction of credit referred to in the letters f), of the number 4-the letter A), and (b)), of number 2-letter B), both article 14, where appropriate. For the calculation of such credit, must be discounted that part subject to restitution. If you determine a tax loss, provisions in number 3 of article 31 shall apply.

(((b) taxpayers subject to the provisions of point (B)) article 14 shall incorporate as part of the liquid, taxable income withdrawals or received dividends from companies or companies subject to the provisions of the letter A) article 14, when they prove to be imputed to the amounts recorded in the register referred to in point (d)), the number 4.-the letter A) and when such withdrawals or dividends are not imputed to records designated in such number 4. Incorporation must previously increase them in the manner indicated in the final paragraph of number 1 of article 54. (Against the first category tax that you must pay on income or quantities concerned, shall the deduction of credit referred to in the letter f), of the number 4-the letter A), where applicable. For the calculation of the credit, must be discounted that part subject to restitution. If you determine a tax loss, provisions in number 3 of article 31 shall apply. "."

(17) replaced article 33 bis with the following: "article 33 bis.-credit for investments in fixed assets.

a) taxpayers who declare the first category tax effective income determined according to full accounting, which recorded average annual sales not exceeding 25,000 units of building, in the 3 years prior to that in which acquire, build to finish or take on lease with option to purchase property respective, as appropriate, shall be entitled to a credit equivalent to 6% of the value of the physical assets of the fixed assets acquired new, completed building during exercise or taking on lease, as appropriate. To this effect, annual sales are expressed in u.f., considering the value of the monthly income according to the value of the unit of promotion at the end of each month to do so. If the company is less than 3 years existence, the average shall be calculated considering effective existence exercises.

In the built property will not give right to credit works consisting of maintenance or repair of the same. Nor shall entitle to credit assets that can be used for residential purposes or transport, excluding trucks, single cabin pickup trucks and others exclusively intended for the carriage of cargo or buses serving inter-city or rural public transport paid passengers, is registered as such in the national registry of transportation services for passengers, which leads the Ministry of transport and telecommunications.

Established in subsection first credit will be deducted from the first category tax that is payable by the income for the year in which occurs the acquisition or the construction term, and produce excessive, will not give right to return.

For the purposes of calculating the credit, goods shall be considered by its value updated to the end of the financial year, in accordance with the rules of article 41 of this law, and before deducting the corresponding depreciation.

In any case the annual amount of the credit may exceed 500 units per month, whereas the value of the monthly tax unit of the month of year-end tax.

The credit established in this article shall not apply to undertakings of the State or companies in which the State, its agencies or companies or municipalities have a stake or interest exceeding 50% of the capital.

Nor shall apply such credit with regard to goods that a company deliver in lease with option to purchase.
For the purposes of this article means that they part of the physical assets the new movable body that a company takes in lease with option to purchase. In this case the credit is calculated on the total amount of the contract.

(b) those taxpayers who in the 3 years prior to that in which acquire, build to finish, or take on lease with option to purchase property respective, as appropriate, recorded an average of annual sales exceeding 25,000 units of building and which does not exceed 100,000 units of building, are entitled to the credit established in the preceding paragraphs with the percentage resulting from multiplying 6% by the result of dividing 100,000 less annual revenue , about 75,000. To this effect, annual sales are expressed in u.f., considering the value of the monthly income according to the value of the unit of promotion at the end of each month to do so. If the company is less than 3 years existence, the average shall be calculated considering effective existence exercises.

If the percentage that is less than 4%, will be this last percentage which will be applied for the determination of the referral credit.

Everything else, shall apply the rules laid down in the letter a) precedent.

(c) taxpayers who in the 3 previous years that they acquire, build, finish or take on lease with option to buy respective goods, as appropriate, and recorded an average of annual sales exceeding 100,000 UF will have right to credit laid down in this article, equivalent to 4% of the value of the physical assets of the fixed assets acquired new, completed building during exercise or taking on lease, as applicable.

Everything else, shall apply the rules laid down in the letter a) precedent. "."

(18) replaced article 34 with the following: "article 34.-alleged income."

1. General rules.

Taxpayers whose activity is the exploitation of goods agricultural roots, mining and land transport of cargo or passengers, handled the conditions that develop their activities, may choose to pay the tax of first category on the basis of alleged, given income in the way as each case has this article, and always complying with the requirements listed below are established.

Only they shall benefit from the presumption of income arrangements referred to in this article, taxpayers whose sales or annual net income of the first category, do not exceed 9,000 units of promotion, in the case of the agricultural activity; 5,000 units of promotion in the transport activity, or not exceeding 17,000 units of development, in the case of mining. For the determination of the sales or income, income earned by taxpayers all be computed, is that they come from activities subject to the effective or alleged income regime, as appropriate, and the occasional alienation of movable or immovable property forming part of the fixed assets of the taxpayer will not be considered. To this effect, sales or income from each month must be expressed in units of promotion in accordance with the value of the the last day of the respective month.

The option referred to in the first paragraph of this number, should be exercised within the first two months of each business year, meaning that the incomes obtained as of this year will be taxed in accordance with the regime for alleged income. Notwithstanding the above rule, case of taxpayers who initiate activities, the option must be exercised within the time limit established by article 68 of the tax code, whenever not exceeding 18,000 units of building effective capital, to register the date of beginning of activities, dealing with agricultural activity, 10,000 units of promotion in the case of transport , or 34,000 units of development, in the case of mining activity, determined according to the value of this unit to the day's activities.

Only natural persons who act as individual entrepreneurs, individual limited liability companies and communities, cooperatives, of people and societies by shares, shall benefit from the provisions of this article formed at any time only by commoners, cooperated, partners or shareholders individuals.

Not taxpayers who possess, or exploit, any title, social rights, shares of corporations or mutual fund shares, except that the income from such investments do not exceed 10% of the total gross income of the respective business year may qualify for the provisions of this article. If you exceed this limit, provisions in the penultimate paragraph of this article shall apply.

For the boundary control of sales or revenue referred to in this issue, taxpayers who are welcome to the provisions of this article and are not forced to carry the book purchases and sales, they must bear some system of control of its revenue stream, that meets the requirements and form laying service , by means of resolution. However, taxpayers who qualify as micro-enterprises as prescribed in article 2 of law No. 20.416, who are natural persons acting as individual entrepreneurs, individual communities, or limited liability companies are exempted from this last obligation.

The internal revenue service must keep a record of contributors welcomed the regime of presumption of income referred to in this article.

2. determination of presumptive income.

(a) agricultural activity.

It boasts of law that the liquid taxable income of taxpayers that exploit real estate farm, is equal to 10% of assessed valuation in fiscal of the premise, valid from January 1 of the year in which the tax should be declared.

They shall apply to these contributors, the standards of the last two paragraphs of the letter to) the number 1 ° of article 20.

(b) ground transportation of cargo or passengers.

It boasts right that the liquid taxable income of taxpayers who exploit vehicles for road transport of cargo or passengers, is equal to 10% of the current value in place of the vehicle, including its trailer, trailer or similar car, respectively. For these purposes, means that the current value in place of the vehicle is determined by the Director of the internal revenue service to 1 January of each year in which must declare the tax, by decision which shall be published in the official journal or in another national circulation newspaper.

(c) mining.

It boasts right liquid taxable income of mining activity, including the exploitation of plants of benefit of mineral activity, provided that the volume of the treated mineral comes in more than 50% of membership exploited by the same contributor, will be resulting from applied to annual net sales of mining products , the following scale:-4% If the average price of pound of copper in the year or respective exercise does not exceed 276,79 cents.

-6% If the average price of pound of copper in the year or respective exercise exceeds 276,79 cents and not more than 293,60 cents.

-10% if the average price of pound of copper in the year or respective exercise exceeds 293,60 cents and not more than 335,52 cents. - 15% if the average price of pound of copper in the year or respective exercise exceeds 335,52 cents and not more than 377,52 cents.

-20% if the average price of pound of copper in the year or respective exercise exceeds 377,52 cents.

Price of a pound of copper means producers Chileans price fixed by the Chilean copper Commission.

For these purposes, the value of monthly sales of mining products must be readjusted in accordance with the variation experienced by the price index to the consumer in the period between the month prior to the sales and the month prior to the closure of the respective exercise.

Service internal revenue, following a report from the Ministry of mines, will determine the equivalence that corresponds with regard to the average price of gold and silver, in order to apply the scale of previous sales of these minerals and combinations of those minerals with copper.

If it's other mining products without copper, gold or silver content, it boasts right liquid income tax is 6% of the net value of the sale of them.

Amounts expressed in cents of the United States of North America, comprising the scales contained in article 23, and in this article, will be brought before February 15 of each year, by means of Supreme Decree, in accordance with the variation experienced by the price index to the consumer in that country, in the preceding calendar year as determined by the Central Bank of Chile. This updating will govern, with regard to the scale of the article 23, starting 1 March of the relevant year, and to the last day of the month of February of the following year, and in terms of the scale of this article, shall be applicable to the tax year in which the updating takes place.

3. relationship guidelines.
To establish if the taxpayer meets the sales or income limit set at the number 1-previous, you must join revenues for sales and services total revenues from sales and services obtained by individuals, companies, communities, cooperatives and societies that is related, is performing the same activity that is home to the regime's alleged income referred to in this article or not. If to carry out the described operations the result exceeds this limit, both the taxpayer and persons, companies, communities, cooperatives and societies that are related and to determine its income under this article, shall determine this category tax effective income determined on the basis of a balance sheet, as accounting is complete in accordance with the letter A) or B). (, article 14 depending on the option of the taxpayer, or according to the article 14 ter, letter A), when they opt for this regime and the requirements to take advantage of that provision.

If a natural person is related to one or more individuals, companies, communities, cooperatives or companies that any security exploit agricultural fields, any title explode vehicles as carriers, or develop mining activities, as appropriate, to determine whether such individuals, companies, communities, cooperatives or companies exceeds the limit indicated in number 1.-previous, total annual revenues of above activities must be added of individuals, companies, communities, cooperatives and societies related to the natural person. If performing the operation described the result exceeds the applicable limit, all persons, companies, communities, cooperatives and companies related to the person shall determine the tax in this category on the basis of effective income, on the basis of a balance sheet, according to accounting complete in accordance with the letter A) or B) of article 14 depending on the option of the taxpayer (, or according to article 14 ter letter A), when they opt for this regime and the requirements to take advantage of that provision.

For the determination of income are not considered the occasional alienation of movable or immovable property forming part of the fixed assets of the taxpayer, and monthly income should be expressed in units of building in accordance with the value of the on the last day of the respective month.

For the purposes of this article, shall be considered a person, company, community, cooperative or society-related: i) companies or companies that are part of the same corporate group, in accordance with the provisions of article 96 of the law N ° 18,045, and persons listed in the terms of article 100 of the same Act, any the legal nature of the involved entities (, except the spouse or relatives up to the second degree of consanguinity, of persons referred to in point (c)), this last item.

(ii) the individual companies of limited liability, persons societies, cooperatives and communities in these have Faculty of administration or participates in any capacity in more than 10% of earnings, income, capital or a share or part of the respective asset.

(iii) the Corporation, Société par actions and company limited partnership by shares, if it owns, beneficiary or in any other capacity, has the right to more than 10% of the shares of utilities, income or of the votes at the shareholders meeting.

(iv) the Manager of an association contract or other fiduciary character business, that is participating in more than 10% of the contract.

((If a company, partnership, community or cooperative, in accordance with these rules, is related to any of the persons indicated in the numeral i), ii) and iii) earlier, and this in turn is with others, means that the first are also related to the latter.

4. other standards.

Taxpayers who, for breach of any of the requirements laid down in this article, should abandon the regime of presumptive income, will do so for the first of January of the marketing year following that in which occurs the breach, subject in all the common rules of this law. In this case, you can choose to apply the provisions of letter A) and B) of article 14 within the time to present the annual tax return, form which establish the standards referred to, either may opt for the regime of article 14 ter letter A), provided that the requirements to take advantage of that provision. Taxpayers may not return to the regime of rent alleged, except that they do not develop agricultural, mining activity or transportation of cargo or passengers, as appropriate, for 5 consecutive years or more, case in which must be the rules of the previous numbers to determine whether they can or not to benefit from the regime's alleged income again. For the purposes of computing the period of 5 years, shall be deemed that the taxpayer carries out activities agricultural, mining and transport, when, respectively, it leases or give in any way the enjoyment of mining, agricultural fields or vehicles, whose ownership or usufruct preserves.

Also, taxpayers who referred to in this article, take on lease or that another mere holding title to exploit all or part of farms, mining or motorized freight or passengers, vehicles of taxpayers who must pay taxes on their effective income shown by a balance sheet according to accounting complete according to the letter A) or B) of article 14 (, or according to the letter A) article 14 ter, when they opt for this regime and the requirements to take advantage of that provision, will be subject to one of these procedures, as applicable, from 1 January of the year following that in which such circumstances, and may not return to the regime of presumptive income, except that are fulfilled within the period of 5 years, the conditions laid down in the preceding paragraph.

((This article contributors may choose to pay the tax in this category on their effective incomes shown using a balance sheet full accounting according to the letter A) or B) of article 14, or accounting simplified according to the letter A), article 14 ter, when they opt for this regime and the requirements to take advantage of that provision. Once exercised this option not may rejoin the system of presumption of income. The exercise of the option shall be effected upon notice to the service during the month of October in the year prior to that in which they wish to change, being subject to all the common norms of this law from the first day of January of the year following the notice of.

The taxpayer who is obliged to file your taxes on effective income effect of relationship standards to inform, by registered letter, to persons, companies, communities, cooperatives or companies with which it is related. Persons, companies, communities, cooperatives or companies receiving such communication must, in turn, inform in accordance with the same procedure all taxpayers have in them more than 10% of the property, capital, profits or income on it. "."

(19) repeal article 34 bis.

(20) in article 37, replace the expression "article 41 E", by the expressions "articles 31, third paragraph and 41 E".

(21) replaced article 38 bis with the following: "article 38 bis.-at the end of turn of taxpayers subject to the rules of the first category, is that you declared by the taxpayer or when service by application of the provisions of the fifth paragraph of article 69 of the tax code, may liquidate or turn taxes" (, the following rules shall apply: 1. taxpayers who declare on the basis of their effective income according to accounting full subject to the provisions of the letter A) article 14, shall be attributed, to affect global tax supplementary or additional amounts listed in this issue, to their owners, contributors to article 58, number 1, community members, partners or shareholders ((((((, in the form indicated in letters a) or b), of the number 3-the letter A), article 14, as appropriate, with the right established in article 56 number 3 credit) and 63, assigned on these sums, in the way established in the letter f), number 4, and number 5, both from the letter A), article 14. These amounts correspond to the positive differences to be determined between the value of the tax capital of the taxpayer, according to its value at the date of term of rotation according to the provisions in number 1 of article 41, and the following amounts: i) the positive balance of the amounts recorded in the registers referred to in the lyrics to) and (c)) (, the number 4, letter A), article 14; and (ii) the amount of the contributions of capital aware effectively in the enterprise, more increases and discounted further decreases that have been made, all of them reset according to the percentage of change in the price index the consumer between the month prior to the date of contribution, increase or reduction of capital, and the month prior to the end of turn.
Regards income attributed to taxpayers in the first category, in turn, these must be attributed or compute pensions that have been attributed to him, applying the rules laid down in the letters A), B) or C), article 14, as appropriate.

(2. taxpayers who declare on the basis of its effective according to accounting income full subject to the provisions of point (B)) of article 14 should be considered withdrawals, remesadas or distributed income or amounts accumulated in the company listed in the paragraph below, by its owners, taxpayers of article 58, number 1, community members, partners or shareholders in the proportion in which they participate in the profits of the company to be affected with the global tax supplementary or additional.

These amounts correspond to the positive differences to be determined between the value of the tax capital of the taxpayer, according to its value at the date of term of rotation according to the provisions in number 1 of article 41, and the following amounts: i) the positive balance of the amounts recorded in the register referred to in the letter to) (, the number 2.-, letter B) of article 14; and (ii) the amount of the contributions of capital aware effectively in the enterprise, more increases and discounted further decreases that have been made, all of them reset according to the percentage of change in the price index the consumer between the month prior to the date of contribution, increase or reduction of capital, and the month prior to the end of turn.

These taxpayers will be taxed by such income or amounts with a 35% tax, which will have the character of one of this Act with respect to the company, businessman, farmer, partner or shareholder, is number 3 of article 54 provisions applicable to them. (Against this tax may deduct is the balance of credit established in (b)), from the number 2-letter B), article 14. Still, trying to be the accumulated balance credit established in the paragraph i), of this letter, the referral credit applies only up to 65% of their amount.

However, the tax that is applied on the part of the income or amounts corresponding to owners, community members, partners or shareholders forced to declare their effective income according to complete accounting, subject to the provisions of the letters A) or B) of article 14, these it be incorporated into the balance accumulated credit referred to in the letter f), of the number 4-letter to) ((, and the letter b), of the number 2-letter B), of the referenced article.

3. in the cases indicated in numbers 1- and 2-above, businessman, farmer, partner or shareholder may choose to declare income or amounts which they are entitled to the date of end of turn, as you conveyed to global tax add-on of the year of the term of rotation in accordance with the following rules: these revenues or quantities applies them a rate of complementary global tax equivalent to the average of the higher rates of this tax that they have affected the taxpayer in the 6 periods prior to the end of turn. If the company had existed only during the exercise that puts term of rotation, then the income or amounts indicated will be taxed as income for the year according to the General rules.

For the cases indicated in number 2.-previous, income or amounts indicated shall be article 56 number 3 credit), which will be applied at a rate of 35%. For these purposes, credit must be added at the base of the tax in the manner prescribed in the final paragraph of number 1 of article 54.

4.-taxpayers subject to the provisions of article 14 ter, at the end of rotation should practice for the purposes of this Act, a final inventory in which recorded the following assets: i) those that are part of its realizable assets, valued according to replacement cost.

(ii) the physical assets of your fixed assets, its value updated to the end of turn, do so 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 numeral i) and ii) record and the amount of certain losses under this Act at the end of the giro, will be in the form provided in number 1 above.

In this case, also will proceed as provided in the number 3-previous, but in this case, the amounts to be determined at the date of end of turn, have no right to the provision of article 56, number 3.

5. in the cases referred to in paragraphs 1, 2 and 4 above, the company, contributing the article 58, N ° 1, community or society that ends its turn, shall pay the respective taxes to be determined at that date and make the deductions referred to in number 4 of article 74 on those incomes or amounts that shall be regarded as withdrawn, remesadas or distributed in the manner regulated there.

6. the cost value for tax purposes of the goods that are awarded the owners, community members, partners and shareholders of the companies covered by this article, the dissolution or liquidation thereof to the date of end of turn, corresponds to one who registered the company according to the norms of this law, such date. "."

((22) in article 39: to) replace the number 1 with the following: "(1°.-Los dividendos pagados por sociedades anónimas o en comandita por acciones respecto de sus accionistas, con excepción de las rentas referidas en la letra c) of the N ° 2 of article 20 and the incomes that attributed to pursuant to article 14, subject to the provisions of point (c)) the number 2 of the letter A)" (, and in the number 4-letter B), both article 14, and in the 5th issue-article 33. "."

(b) replace the number 3 by the following: "3°.-effective income of goods non-agricultural roots obtained by natural persons with domicile or residence in the country.".

((23) in article 40: to) in the number 6°, delete the expression "article 14 bis or the".

(b) delete the number 7 °.

((24) in article 41: a) in the first paragraph of the number 1°, delete the phrase "or partner of societies of people".

(b) replacements numbers 8 ° and 9° by the following: "8°-the acquisition value of the shares of corporations or limited partnerships for actions will reset according to the variation of the index of prices to the consumer, in the same way as the physical assets of the fixed assets. For this purpose apply rules on determination of the value of acquisition laid down in article 17, number 8.

In the case of investment in shares of companies or companies subject to the provisions of the letter A) of article 14, the value so determined must be adapted at the beginning of each marketing year, in the proportion corresponding to the capital subscribed and paid by the shareholder in the total, applied on income referred to in the letter to) number 4 of the letter A) article 14 that have not been distributed by the end of the previous year. The differences that occur in this setting are counted, as appropriate, with a charge or credit to the account "Revaluation of own Capital".

9th.-rights in societies of people will reset as indicated in the previous issue, whereas in the case of the setting that establishes the second paragraph of that number, the capital subscribed and paid by the partner in all of this.

When taxpayers specified in subsection first of this article alienated rights concerning this issue or the actions referred to in the previous number, may deduct as a cost for the purposes of this Act the purchase price adjusted in accordance with paragraph first referral number 8, at the end of the financial year preceding the date of alienation Considering also the increases and decreases of capital made during the respective fiscal year, according to the provisions of article 17, number 8, without regard to any adjustment on those amounts. Setting value that establishes the second paragraph of number 8, and that applies also to this number, can only be deduced from the higher value that determined at the time of the alienation and even the concurrence of this, investment in shares or rights in companies or companies subject to the provisions of the letter A) of article 14 discounting of such previously set value retreats, remittances or distributions that the alienating has performed or perceived from the society, during the same period in which the disposal occurs and before this. The part of this setting may not be deducted in the designated form, will be posted with account "Revaluation of own Capital". "."

(25) replacements articles 41 A, B 41, 41 C and 41 (D) as follows: "article 41 a.-taxpayers domiciled or resident in Chile who obtain income that has been taxed abroad, in the application of taxes of this law shall be subject, with respect to such income, moreover, by the standards of this article, in the cases listed below : A. dividends and withdrawals of utilities.

Taxpayers who receive dividends or make withdrawals of profits of companies incorporated abroad should consider the following rules for the purposes of applying to these income taxes of this law: 1. total credit available.
The tax will entitle to credit to income which have had to pay, or who has been withheld them abroad by received dividends or withdrawals of utilities made societies, in its equivalent in pesos and readjusted as indicated in number 1 of (D) below, as appropriate.

In the event that the country source of dividends or withdrawals of social utilities there is withholding income tax, or this is less than the first category of Chile tax, the tax paid by the income of the company abroad may deduct as a credit. This tax shall be considered proportionately in relation to dividends or withdrawals of earnings received in Chile, which will recompose gross based on income proportionally corresponding to dividends or profit at the level of the company from which they are paid, adding the withholding tax and the tax income of the respective company.

In the same situation before, also entitle to credit the income tax paid by one or more societies on the part of utilities that deliver to which shipment such utilities to Chile, provided that all are domiciled in the same country and the concerned company owns directly or indirectly 10% or more of the capital of the subsidiaries indicated.

2.-for each income credit will be the lesser amount between: a) the tax paid to the foreign State on the respective income as set out in the previous number, and b) 32% of such an amount, subtract this 32%, the resulting amount is the net amount of the perceived income for which the credit is calculated.

The sum of all the credits determined according to these rules shall constitute total available credit of the taxpayer for the respective financial year, which shall be deducted from the global premium and final taxes, tax supplementary or additional, in the form indicated in the numbers that follow.

When such income are perceived or must be computed by taxpayers not obliged to determine your effective income according to full accounting, must register in the country in accordance with the provisions in this article and the 41 G. In these cases, the total credit available will be deducted from the first category tax and the balance against the complementary global tax, subsequent to any other credit or deduction authorized by law. If there is a remnant of credit, this will not refund or imputation to other taxes or may recover in the aftermath.

3 credit against the first category tax.

En_el_caso_de the first category tax, the respective credit will be calculated and applied according to the following standards: to) is added to the base of the first category tax available total credit determined in accordance with the rules of the previous number.

(b) of the first category tax deductible credit will be equal to the amount resulting from applied the rate of this tax on the sum of the total credit available over the respective foreign incomes. For the purposes of this calculation, the costs referred to in point (D) shall be deducted), number 6, of this article.

When a surplus of first category tax deductible credit is determined in the respective year, either by the existence of a loss for tax purposes or for other cause, this surplus will fall into the following exercises in which foreign source income affected to this tribute, are determined to total extinction. For the purposes of its allocation, such credit will reset at the same percentage of variation that have experienced price index consumer between the last day of the previous month of the closing of the exercise that has been determined and the last day of the month prior to the closing of the exercise of its allocation.

(c) this credit applies then those credits or deductions that do not give right to refund and before those that allow it.

4. credit against the final tax.

The amount resulting after subtracting the total credit available the credit of first category determined pursuant to the preceding number, shall constitute the balance of credit against the final tax, which will be incorporated as part of the cumulative balance of credit set out in f), of the number 4.-, letter A) or to the cumulative balance of credit established in paragraph ii). ((, letter b), of the number 2-letter B), both article 14, as appropriate, to be charged against the global tax supplementary or additional, in the way that have such rules.

Taxpayers must in any case, maintain a separate control of that part of these loans formed by these surpluses, as well as the first category tax covered with credit from abroad, that they shall apply the provisions in number 7.-, letter D. This article.

B income from permanent establishments and those resulting from the application of the provisions of article 41 G.

Taxpayers who have agencies or other permanent establishments abroad should consider the following rules for the purposes of applying the first category tax on the result of the operation of such establishments: 1.-these contributors will add liquid first category tax taxable income an amount equal to the taxes that are owed to the following financial year , or have paid, abroad, income from the agency or permanent establishment to be included in such liquid taxable income, excluding the withholding tax applied on utilities that are distributed. Only taxes owed until the next period, or paid by foreign commercial exercise that ends within the respective Chilean commercial workout or match this will be considered for this purpose.

Such taxes will be converted to currency national pursuant to number 1 of the letter D, next, according to the exchange rate prevailing at the end of the year.

The amount that is added by application of this number shall not exceed the credit that is set to the next number.

2. taxpayers referred to in this letter shall be entitled to a credit equal to the result of applying the tax rate of first category on such an amount, to deduct the credit of that amount, the outcome results in an amount equal to the taxable income of liquid from the agency or permanent establishment. In any case, the credit may not exceed the tax owed to the exercise following, or paid, overseas, considered in the previous issue.

3. the credit determined in accordance with the preceding rules shall be deducted from the first category tax payable by the taxpayer for the corresponding year.

This credit will be applied then those credits or deductions that do not give right to refund and before those that allow it. ((((4.-the surplus of credit defined in the previous issues will be incorporated as part of the cumulative balance of credit set out in f), of number 4-the letter A), or the accumulated credit balance established in the numeral ii) of point (b)), of number 2-letter B), both article 14, as appropriate.

Taxpayers must in any case, maintain a separate control of that part of these loans formed by these surpluses, as well as the first category tax covered with credit from abroad, which provisions shall apply them at the number 7-letter D. This article.

Taxpayers who should be considered as due or perceived passive income referred to in article 41 G, must apply the following rules to determine a credit attributable to the respective first category tax: i) credit shall be responsible for the foreign taxes paid or owed, where appropriate, about such utilities or quantities.

((ii) foreign taxes paid, due or withheld will be converted to national currency at the close of the financial year and according to the number 4 of point (D)) of article 41 G.

III) the consolidated amount of passive income will be formed by all the utilities and quantities corresponding according to paragraph 2 of point (D)) of article 41 G. All direct or proportional expenditures that are considered necessary to produce the income according to article 31 and in the way that designates the referred Article 41 G shall be deducted.

(iv) the credit thus determined is added to the liquid, taxable income of the company and shall be deducted from the respective first category tax.

(v) in case of producing a remnant of such credit, may not attributed or request its return. Shall adjust the amount not used in the determination of the taxable liquid income of first category.

VI) paid first category tax credit referred to above apply you the rules of number 7 of the letter D) of this article.

((vii) subject to article 41 G consolidated passive income will not form part of the limit established under paragraph 6 of the letter D) of this article.

(viii) without prejudice to the foregoing, where relevant the article shall be applied 41 C.

C income from the use of trademarks, patents, formulas, technical advisories and other similar benefits that have been taxed abroad.
Taxpayers who receive the foreign income by the use of trademarks, patents, formulas, technical advisories and other post-retirement benefits, should consider the following rules for the effects of applying the first category tax such income: 1. Add liquid first category tax taxable income an amount determined in the manner indicated in the following number equivalent to taxes which have had to pay or that is has retained them abroad for income received by use of trademarks, patents, formulas, technical advisories and other benefits similar to that referred to in this letter, converted to its equivalent in pesos and reset in the way referred to in number 1 of the letter D following. For these purposes, the exchange rate corresponding to the date of the perception of the income shall be considered.

The quantity indicated in the preceding paragraph shall not exceed the credit that is set to the next number.

2. taxpayers referred to in this letter shall have the right to a credit equal to the result of applying the tax rate of first category on such an amount, to deduct the credit of that amount, the outcome results in an amount equal to the sum of liquid income for use of trademarks, patents, formulas, technical advisories and other similar benefits perceived from the outside converted to its equivalent in pesos and readjusted in the way referred to in number 1 of (D) below, as appropriate. In any case, the credit may not exceed the tax actually paid or withheld abroad, properly reset.

3. the credit determined in accordance with the preceding rules shall be deducted from the first category tax payable by the taxpayer for the corresponding year. This credit will be applied then those credits or deductions that do not give right to refund and before those that allow it.

4.-the surplus of credit defined in the previous issues will be incorporated as part of the cumulative balance of credit set out in f) Letter A number 4-), or to the cumulative balance of credit established in paragraph ii), letter b), of the number 2-letter B), both article 14, as appropriate.

Taxpayers must in any case, maintain a separate control of that part of these loans formed by these surpluses, as well as the first category tax covered with credit from abroad, which provisions shall apply them at the number 7-letter D. This article.

D common standards.

1. to carry out the calculation of the credit for foreign taxes, both respective taxes and dividends, withdrawals and income taxed abroad, will be converted to the equivalent in Chilean pesos according to the exchange rate between the national currency and the corresponding foreign currency, and reset, when appropriate, by the variation of the index of prices to the consumer between the month prior to the perception of and , or payment, as applicable, and the month prior to the closure of the respective financial year.

To determine the exchange rate between the national currency and foreign exchange, it will be to information to publish the Central Bank of Chile in accordance with the provisions in number 6 of chapter I of the compendium of rules of international changes. If the foreign currency in which payment has been made is not one of those informed by the Central Bank, tax paid abroad in such currency must first be calculated in its equivalent in dollars of the United States of America, according to the parity between both coins showing in the form and term that establishes the internal revenue service through resolution later becoming to the equivalent in Chilean pesos in the manner already indicated. In the absence of special standard, for the purpose of establishing the applicable exchange rate, will be considered the value of the respective currencies on the day which has been received or accrued, as appropriate, the corresponding income.

Reset concerning this issue when the taxpayer accounts in foreign currency, without prejudice to convert foreign taxes and incomes taxed abroad to its equivalent in the same foreign currency in which carried their accounting shall not apply.

2. in order to make use of credit established in paragraphs A and B above, taxpayers must previously register in the register of investment abroad that will take the internal revenue service. This body will determine the formalities of registration to be met by taxpayers to register.

3 mandatory taxes shall entitle to credit income paid or withheld, definitively abroad provided that they are equivalent or similar to the taxes contained in the present law, whether they apply on certain results actual revenue or income alleged substitute them. Credits provided by foreign external tax legislation will be considered as part of the latter. If the total or part of a tax income is creditable to other tax income, with respect to the same income, he cut the first of the second, in order to not generate a duplicity to accredit the taxes. If the application or amount of the foreign tax in the respective country depends on its admission as a credit against the tax income to gravel in the country of residence to the investor, such a tax will not give right to credit.

4. taxes paid by companies abroad must prove by receipt or an official certificate issued by the competent authority of the foreign country, properly legalized and translated if appropriate. Taxes paid by subsidiaries of those referred to in article 41 to be when charged in the country), letter A, number 1, documents requiring the service for the purpose of accreditation the respective participation must be accompanied. The Director of the service may require the same requirements with respect to taxes withheld, where it considers it necessary for the due protection of the fiscal interest.

5. the Director of the internal revenue service may appoint auditors of the public or private sector or other Ministers of faith, so you must check the effectiveness of payments or retention of the external tax, return of capital invested abroad, and the fulfilment of other conditions established in the present letter and the letters A B and C above.

6. without prejudice to the previous rules, the full credit for foreign taxes to income from foreign source received or accrued in the exercise, as appropriate, of countries with which Chile has not signed conventions to avoid double taxation, may not exceed the equivalent to 32% of the net income from foreign source of countries without agreement from this exercise. For these effects, net income of foreign source of each year shall be determined as the result of consolidated utility or loss of supply affects tax in Chile, foreign, obtained by the taxpayer deducted costs necessary to produce it, in the proportion that corresponds, most all of the credit for foreign taxes, calculated in the manner established in this article.

7 shall be not subject to return taxpayer any conforming to the provisions of articles 31, number 3; 56, number 3, and 63, or to any other provision of law, the first category tax in that part that has been deducted of the tax credit referred to in this article and the article 41 C. This tax may not be charged as credit against the additional or complementary global tax determined on Chilean source income. For these purposes, you must distinguish the part of the first category which has been covered with the referral credit tax.

Article 41 B-the taxpayers having foreign investment and foreign source income may not be applied, with regard to investments and revenues, the numbers 7 and 8 of article 17, with the exception of the letters f) and g) of that number, and in article 57. However, these taxpayers may return to the country the capital invested abroad without being subject to taxes of this law up to the amount invested, provided that the respective sum is previously registered with the internal revenue service in the way established in paragraph 2 of point (D) of article 41 A, and is credited with instruments public or certificates of competent authorities of the foreign country duly authenticated. In cases in which has been appropriately made the registry or can not be the aforementioned documentation, the reduction or withdrawal of capital must demonstrate through the relevant documentation, duly authenticated, where appropriate, form and within the period established the internal revenue service through resolution.

Companies incorporated in Chile who declare their effective income according to accounting must apply the provisions of this law with the following modifications:
1. in the event that they have agencies or other permanent establishments abroad, the result of gains or losses that will be recognized in Chile on perceived or accrual basis. This result shall be calculated by applying the provisions of this law on determination of the tax base of first category, with the exception of the deduction of the loss of previous years prepared in the second paragraph of number 3 of article 31, and will be added to the liquid, taxable income of the company at the end of the year. The result of the foreign income is determined in the currency of the country in which is based the agency or permanent establishment and will be converted to national currency according to the exchange rate established in the number 1 (D) of article 41 A, existing at the end of the year in Chile.

2. they shall apply article 21 by headings that apply to agencies or permanent establishments that have overseas.

3. investments in shares, rights and social agencies or permanent establishments abroad, shall be considered as assets in foreign currency for the purposes of the price-level restatement, applying to the connection number 4 of article 41. To determine from income from the alienation of shares and social rights, taxpayers subject to the regime of monetary correction assets and liabilities deducted the value which are registered these assets at the beginning of the exercise, increase or decrease it previously with new investments or withdrawals of capital. Taxpayers who are not subject to that regime should apply the second paragraph of article 41 to calculate the highest value in the alienation of assets corresponding to such investments. The exchange rate to be applied in this issue will be the result of applying the number 1 (D) of article 41 A. Will also form part of the cost referred to earlier, earnings or amounts that have been affected with the standards of article 41 G which are accumulated in the company at the date of disposal and that previously have imposed taxes of first category and global complementary or additional. For these purposes, cited earnings or amounts shall be deemed by the amount referred to in article 41 G.

4 credits or deductions from the first category tax, in which the law not expressly authorizes its rebate of tax that comes from foreign source income, only be deducted from the tribute that determined by Chilean pensions.

Article 41 C-domiciled taxpayers or residents in the country, which rents affected to the first category tax of countries with which Chile has signed agreements to avoid double taxation, that are in force in the country and who has committed the granting of a credit for the income tax paid in the respective partner States apply the rules contained in articles 41 A and 41 B, with the exceptions that are set out below: 1.-shall be entitled to credit, calculated under the terms described in the letter A of article 41 A, all foreign income taxes paid under the laws of a country with an agreement to avoid double taxation current with Chile , in accordance with the stipulated by the agreement. In this case, the percentage referred to in point (b)) number 2, letter A, of article 41 A, will be 35%, unless beneficiaries effective affected the first category tax foreign source incomes have residence or domicile abroad, in which case it will need, in addition, that Chile has existing an agreement to avoid double taxation with the country of residence of such effective beneficiaries.

Total credit for foreign taxes to income from foreign source received or accrued in the exercise, as appropriate, of countries with which Chile has signed agreements to avoid double taxation, may not exceed the equivalent to 35% of the net income from foreign source of countries with agreement of that year. For these purposes, net income of designated foreign source of each exercise is determined as the result of consolidated utility or loss of foreign source of Convention countries, affects taxes in Chile, obtained by the taxpayer deducted costs necessary to produce it, in the proportion that corresponds, more the total number of credits for foreign taxes in these countries calculated in the manner established in this article.

2 the case of capital gains, dividends and withdrawals of social utilities, as appropriate, shall be deemed also to the income tax paid by the income of the company or abroad and, in the case of the operation of an agency or permanent establishment, the tax that would tax remittance.

Also entitle to credit the income tax paid by one or more societies in the part of the utilities that deliver to the company that these utilities to Chile, shipment provided that all are domiciled in the same country and the second held directly or indirectly 10% or more of the capital of the subsidiaries indicated.

For the purposes of the calculation of which is this number, with respect to the tax of the company or foreign company attributable to earnings of capital, dividends or withdrawals of social utilities, it shall be presumed that the tax paid to the other State by the respective incomes is that depending on the nature of the income it is apply in that State and is in force at the time of remittance distribution or payment.

3. credit in the case of personal services.

Taxpayers who, without losing the domicile or the residence in Chile, perceive foreign incomes classified in numbers 1 ° or 2 ° of article 42, failing as a credit to the flat tax established in article 43 or the global tax additional to that referred to in article 52, the income tax paid or withheld for the same income derived by activities carried out in the country in which obtained revenues.

In any case the credit may not exceed 35% of such an amount that, to subtract this percentage, the resulting amount is the net amount of the perceived income for which the credit is calculated. If the tax paid or withheld abroad is less than the credit, shall deduct the lesser amount. In any case, a sum equal to the external tax credit will be added to the declared foreign income.

Taxpayers who obtain income indicated in number 1 of article 42 shall be carried out annually a tax reassessment, updating the tax that is determined and the paid or retained, according to the variation experienced by the index of prices to the consumer in the period between the last day of the month preceding the determination, payment or retention and the last day of the month preceding the date of exercise. Excess by double taxation resulting from the comparison of taxes paid or withheld in Chile and the reassessment, reduced credit, must be attributed to other annual taxes or returned to the taxpayer by the Treasury service in accordance with the rules of article 97. Equal right to attribution and return will be subject to supplementary global tax taxpayers who have incomes subject to double taxation.

In the determination of the credit which is authorized in this issue, shall apply the provisions of numbers 1, 3, 4, 5, 6 and 7 (D) of article 41 A.

Article 41 D-open corporations and closed corporations agreed in its articles of Association subject to the rules governing them, constituting in Chile and in accordance with Chilean law with foreign capital which is maintained at all times in full property, possession and holding of partners or shareholders meeting the requirements listed in paragraph 2 applies only to the provisions of this article in lieu of the other provisions of this law, except those that require withholding taxes affecting third parties or provide information to public authorities, with respect to the contribution and withdrawal of capital and income or earnings to obtained from the activities engaged abroad, as well as the expenses and disbursements to be carried out in the development of these. The same treatment shall apply to the shareholders of these companies domiciled or resident abroad by remittances and distributions of profits or dividends to obtained from these and by partial or total returns of capital from abroad, as well as the highest value obtained in the alienation of the shares in the companies benefiting from this article , with the exception of the proportion corresponding to investments in Chile, in the total of the assets of the company. For the purposes of this law, these societies will not be considered domiciled in Chile, so it will be taxed in the country only by Chilean source income.

The concerned companies and their partners or shareholders must comply with the following obligations and requirements, while the society is host to this article: 1. have exclusive object of investments at home and abroad, in accordance with the rules of the present article.
2. the shareholders of the company and the partners or shareholders of those, which is a legal person, and having 10% or more of participation in the capital or profits of the first, must not be domiciled or resident in Chile, or in countries or territories which are considered as harmful preferential tax regimes and tax havens by the Organization for economic cooperation and development. By Supreme Decree of the Ministry of finance, which can be changed as often as necessary at the request of party or ex officio, shall be determined the list of countries that find themselves in this situation. For these purposes, only will be considered in this list States or respective territories included in the list of countries which periodically establishes the Organization of economic cooperation and development, or harmful preferential tax regimes and tax havens. In any case, shall not apply the foregoing if at the time of become the society in Chile and already made corresponding contributions, the shareholders of the company and the partners or shareholders, if they are legal persons, were not resident or domiciled in a country or territory that, subsequent to such facts, is included in the list referred to in this issue. Equal criteria shall apply with respect to investments carried out abroad in relation to the time and the amount actually invested at that date.

Without prejudice to the above restriction, they may purchase shares in the companies benefiting from this article persons domiciled or resident in Chile, provided that as a whole they do not possess or participate directly or indirectly 75% or more of the capital or the utility of them. These people will apply the same rules as this law provides the shareholders of corporations incorporated outside the country, including the income tax to capital gains to be determined at the disposal of the shares in the company covered by this article.

3. the capital provided by the foreign investor must have its source of origin abroad and shall be made in freely convertible foreign exchange through any of the mechanisms established by Chilean law for capital inflows from abroad. Equal treatment will have earnings arising referred capital. Also, the return of these capital must be in foreign currency freely convertible, subject to foreign exchange regulations in force at that date.

Notwithstanding the provisions of the preceding paragraph, the capital may become aware in actions, as also in social rights, but companies domiciled abroad of people's property without domicile nor residence in Chile, valued them at its stock price or books, as appropriate, or acquisition in the absence of the first.

In any case, the society may borrow, but credits earned abroad may not exceed at any time the sum of capital by foreign investors and three times to that provided by investors resident or domiciled in Chile. In the event that participation in the capital of the investor resident or domiciled abroad increases either that the capital decrease by the same returns, the society shall, within the period of sixty days from the occurrence of these events, conform to the new relationship designated deuda-capital.

In any case, appropriations concerning this number will be subject to the General rules of the law of stamps and stamps and interests to the tax established in article 59, no. 1, of this law.

4. the company must carry full accounting in foreign currency or local currency if you choose to do so, and entered in a special register in charge of the internal revenue service, in lieu of the provisions of article 68 of the tax code, and must report regularly, through sworn statement to this body, the fulfilment of the conditions laid down in paragraphs 1 2, 3, 5 and 6 of this article, as well as every entry of capital into the country and investments or any other operation or remittance abroad which takes place, in the form, term and conditions provided by that service.

The delivery of incomplete or false information in the affidavit referred to in this issue shall be punished with a fine of up to 10% of the amount of the investments made by this company. In any case, the fine may not be less than the equivalent to 40 annual tax units, which will be attached to its application to the procedure laid down in article 165 of the tax code.

5. Notwithstanding its unique object, the societies under this article may provide services paid to companies and firms referred to in the next issue, related to the activities of the latter, as also invest in companies incorporated in Chile. These shall distribute or attributing pensions laid down in paragraph 2 of article 58, accordingly, entitled to the credit referred in article 63, in accordance with article 14 and other legal regulations, and should practice, when appropriate, retention referred to in number 4 of article 74. Shareholders domiciled or resident in Chile referred to in number 2, second subparagraph, of this article, who receive income originating in the above utilities, apply les with respect to them the same rules as the law provides for the shareholders of corporations constituted outside the country, and in addition, entitled to a loan with a rate of tax of article 58 , number 2, applied in the arranged form the numbers 2, 3 and 4 of the letter A of article 41 of this law.

Companies benefiting from this article that invested in societies constituted in Chile shall distribute profits starting with the oldest, recording separately which come from societies constituted in Chile from those obtained abroad. For the purposes of calculating the recoverable credit referred to in the final part of the preceding paragraph, society should consider the utilities that are distributed, affected by the referred tax, to correspond to all of its shareholders in proportion to the existing ownership of shareholders resident or domiciled in Chile and non-residents or domiciled in the country.

Companies benefiting from this article will inform taxpayers and the internal revenue service the amount of the amount distributed with right to the credits necessary to deduct.

6. investments which constitute its corporate purpose shall be carried out by social or equity contribution or other securities that are convertible into shares, in accordance with the rules laid down in article 87 of the law Nº 18,046, in companies incorporated and formally established abroad, in a country or territory other than those referred to in paragraph 2 of this article , for the conduct of business activities. If business activities concerned not are carried out abroad directly by listed enterprises, but by subsidiaries or joint ventures of those or through a sequence of subsidiaries or joint ventures, the companies that generate the respective incomes must meet in any case this issue demands. 7-the highest value obtained in the alienation of the shares of the investment in a company to the provisions of this article will not be fond of taxes of this law, with the exceptions set out in paragraphs first and second number 2. However, the total or partial disposal of such shares to natural or legal persons domiciled or resident in any of the countries or territories indicated in paragraph 2 of this article or to subsidiaries or affiliated companies direct or indirect of them, will produce the effect of that, both the company and all its shareholders will be subject to the general tax system established in this law , especially in relation to dividends, distributions or functions of utilities, remittances or refunds of capital that occur from the date of the alienation.

8 the companies benefiting from the rules laid down in this article do not shall apply to provisions on secrecy and Reserve Bank established in article 154 of the general law on banks. Any information regarding this matter should 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 non-compliance with any of the requirements referred to in this article will determine full implementation of this law tax from the incomes of the calendar year in which the contravention occurs. "."

(26) in subsection second article 41 e, replacements expressions "to a country or territory from those included in the list referred to in paragraph 2, of article 41 D," by the expression "abroad".

(27) Agreganse, then of the article 41 E, the following articles 41 F, 41 G and H: 41
"Article 41 F-interests, commissions, compensation for services and expenses and any other charge conventional, including items that apply to rebates, surcharges for expenses incurred by the creditor or entity related in direct or indirect advantage of other companies abroad that may affect the results of taxpayers domiciled, resident, established or constituted in the country, under the loans" , instruments of debt and other contracts or operations referred to in this article, and corresponding to the excess of certain indebtedness at the end of the year, is charged with a single tax rate of 35%, according to the following rules: 1. this tax taxed taxpayers domiciled, resident, constituted or established in Chile, the concepts outlined above corresponding to over-borrowing and that they have paid paid account or made available during the respective period.

2. this tax shall be declared and paid annually in the form and term that established articles 65, number 1, to 69, with respect to interest and other items of the subsection first, paid, paid account or made available during the respective exercise benefit of related entities incorporated, domiciled, resident or established abroad.

3 to allow the excess referred to in this article, the annual total indebtedness of the taxpayer must exceed three times their assets at the end of the respective year.

4. for the purposes of this article, heritage means the equity capital determined to January 1 of the respective financial year, or the date of the initiation of activities, as appropriate, pursuant to the provisions of article 41. Is it added proportionately considering his permanence in the respective period, the value of the contributions and effective capital increases carried out within the year. It is deducted from the value of own capital pointed out, proportionately considering that part of the period in which such amounts have not remained in the heritage, the value of effective capital decreases, as well as withdrawals or distributions of the respective exercise.

Also shall be deducted from the value of tax equity, determined in the designated form, the value of that contribution which directly or indirectly have been funded with loans, credits, instruments of debt and other contracts or operations referred to in the following 5 number directly or indirectly related parties, unless they are paid in the respective financial year, unless the payment has been carried out or financed directly or indirectly with the same type of loans debt instruments and other contracts or operations.

When a negative value of the heritage is determined by application of the above rules, shall be deemed that this is equal to 1.

5 for annual total indebtedness shall be deemed the sum of the values of the credits and liabilities identified in the letters to), b), c), d), g) and h) n ° 1 of article 59, that the company recorded during the exercise, as well as any other credit or liability contracted with parties domiciled, resident, constituted or established abroad, are related or not. Also, will be part of the annual total debt value of credits or liabilities contracted parties domiciled, resident, constituted or established in Chile.

It will also include debts or liabilities of a permanent establishment abroad of the company domiciled, resident, established or incorporated in Chile. The tax will apply on those items of subsection first corresponding to the permanent establishment, applying the rules of this article that apply.

In the case of mergers, divisions, dissolutions or any other legal act or operation involving the transfer or the novation of debts, these will be considered in the calculation of excessive indebtedness of the company to which it was transferred or assumed debt, loans, credits and other contracts or operations to which this article refers, from the date on which occurs the event.

For the calculation of the annual total debt, the sum of the values of loans, debts, liabilities and other contracts or operations referred to in this article, to its average value by the months of permanence in the same, plus interest and other items of the first paragraph earned on these same debts that has not been paid shall be considered paid account or made available, and which in turn earn interest or other items marked in favor of the creditor.

6 shall be considered that the beneficiary of the items referred to in subsection first is a related entity pays them, credited on account or makes available when: i) the beneficiary is constituted, established, domiciled or resident in some of the territories or jurisdictions that are part of the list referred to in article 41 D except when the date of the granting of credit, the creditor was not established, domiciled, resident or established in a country or territory that later, is included in this list.

(ii) the beneficiary is domiciled, resident, constituted or established in a territory or jurisdiction which is understood in at least two of the cases referred to in article 41 H.

(iii) the beneficiary and who pays, credited on account or makes available, belong to the same corporate group, or directly or indirectly have or participate in 10% or more of the capital or other utilities or when they are under a partner or shareholder common that directly or indirectly owns or participate in 10% or more of the capital or profits of one or the other , and the beneficiary is domiciled, resident, constituted or established abroad.

((((iv) financing is granted with warranty direct or indirect third-party, except that in the case of third-party beneficiaries not related in the terms laid down in the paragraphs i), ii) iii) and v) on this issue, and providing warranty service for normal remuneration of market whereas for this purpose the provisions of article 41 E. However, the beneficiary shall be related when the third related not entered into any agreement or obtained the necessary funds to ensure the financing granted to the debtor with an entity related to the latter in the terms that establish the numerals i), ii), iii), iv) and v) of the present issue.

((v) in the case of financial instruments registered and acquired by independent companies that subsequently are acquired and transferred to related companies in the terms laid down in the paragraphs i) IV) earlier.

7. with regard to the operations to that referred to in this article, the debtor shall provide a Declaration on debts, its guarantees and if the final beneficiaries of the interests and other items referred to in subparagraph first of this article include entities related in the terms laid down in the above number 6, all in form and deadline established by resolution service. If the debtor refuses to make such statement or if the presented were incomplete or false, means that there is relationship between the beneficiary of the interest and other items and the debtor, or between the debtor and creditor debts not informed, as appropriate.

8. to determine the taxable income of the tax referred to in this article, when an excess of debt pursuant to number 3 is, applies on the amount of interest and other items concerning the first subsection, paid, paid account or put available in the respective financial year, affected with the additional tax rate 4% , according to the provisions in number 1, the fourth subparagraph of article 59, and those items that are not affected with this tribute, the percentage obtained by dividing annual total indebtedness of the company less 3 times heritage, by concerned annual total indebtedness, all multiplied by one hundred.

In any case, the taxable income of the tax referred to in this article shall not exceed the total amount of interest and other items concerning the first subsection, paid, paid account or put available during the respective period is affected with the additional tax rate 4%, according to the provisions in number 1 the fourth subparagraph of article 59, and on those items that are not affected with this tribute.

9 will be credit the resulting tax, proportional or total retention amount, as applicable, of the additional tax that would have declared and paid on interest and other items of the first subsection affecting with this tribute.

10. the resulting tax will be in charge of the debtor company, which may deduct it as expenditure, in accordance with the rules of article 31.
11. with everything, does not apply the tax referred to in this article when the taxpayer credit before the service, which retrieved financing and services received correspond to the financing of one or more projects in Chile, granted mainly by entities unrelated to the debtor, in which for the purposes of ensuring the payment of the debt or the services rendered or for legal reasons financial or economic entities lenders or service providers have demanded constitute common property with the debtor or its related entities entities, or to guarantee granted debt or the payment of the services provided by third parties not related, the shares or property rights on the debtor entity or the yields such titles or rights thereof provided that the interests and other amounts to which the foregoing refers the first subsection, as well as the above-mentioned warranties, have agreed to their normal market values, for whose effects shall apply in article 41 E.

12. the malicious delivery of incomplete or false information in the affidavit referred to in this article, involving the non-application of the provisions of the preceding paragraphs, it is punishable as provided in subsection first article 97, N ° 4 of the tax code.

13. the control standard that this article shall not apply where the debtor is a Bank, insurance company, cooperativa de ahorro y crédito, issuers of credit cards, agents administrators of mutual mortgage endorsable, compensation of family allowances and other credit institutions authorized by law or a box, subject, as appropriate, for the supervision of the Superintendency of banks and financial institutions , to the Superintendency of securities and insurance and, or the Superintendent of Social Security.

Article 41 G. Notwithstanding provisions of article 12 and in the preceding articles of this paragraph, taxpayers or heritages of involvement with domicile, residence or in Chile, that directly or indirectly control entities without residence or residence in the country, shall be considered as due or perceived passive income received or accrued by such controlled entities , in accordance with the rules of the present article.

To entities controlled without domicile nor residence in Chile.

For the purposes of this article, shall mean controlled entities without residence / domicile in Chile, those which, whatever its nature, having its own legal personality or not, such as societies, heritage, communities, or trusts, incorporated, domiciled, laid down, resident abroad, or formalized comply with copulativos requirements: 1) for the purposes of this Act taxes income of the controlled entity, not need to compute in Chile in accordance with article 41 B, N ° 1.

(2) they are controlled by entities or assets consisting of, domiciled, established or resident in Chile. Means that the entity is controlled by such contributors when at the end of the respective financial year or at any time during the twelve months preceding these, alone or in conjunction with persons or entities listed in the terms of article 100 of the law N ° 18,045, whatever the nature of those involved, except for the directors, Chief Executives, the spouse or relatives up to the second degree of consanguinity of persons referred to in point (c)) (((this last item, or the driver that is an entity not established or domiciled or resident in Chile, which in turn cannot be controlled by a local authority, have directly or indirectly, with respect to the entity concerned, 50% or more of: i) capital, or ii) of the right to utilities, or iii) voting rights.

Controlled entities, will also be considered when taxpayers, entities or assets consisting of, domiciled, resident or established in Chile, directly or indirectly, by Yes or through related persons concerned, to choose or make elect a majority of directors or managers of institutions abroad or possess unilateral powers to modify the statutes, or to change or remove a majority of the directors or managers.

Unless proven otherwise, it shall be presumed that it is an entity controlled for the purposes of this article, regardless of the percentage of participation in capital, profits or the right to vote who has directly or indirectly the taxpayer constituted, resident, established or resident in Chile, when it is established, domiciled or resident in a country or territory of low or null taxation.

((Similarly, presumed that it is a controlled entity when the taxpayer constituted, resident, established or resident in Chile have, directly or indirectly, an option of purchase or acquisition of a share or right in that entity, in terms of the literal i), ii) or iii) above.

B country or territory of low or null taxation.

For the purposes of the provisions of this article, means a country or territory of low or null taxation those referred to in article 41 H.

C passive income.

For the purposes of the provisions of this article, the following passive income will be considered: 1. dividends, withdrawals, distributions and any other form of distribution, or accrual of profits from participations in other entities, even when they had capitalized on foreign. However, passive income shall not be considered distribution, distribution or accrual of profits that an entity controlled without residence or residence in Chile obtained from another entity not domiciled or resident in the country which, in turn, is controlled directly or indirectly by the first, where the latter does not have as money or main activity passive incomes obtain.

2 interest and other revenue referred to in article 20, number 2, of this Act, except that the non-domiciled controlled entity that generates them is a bank or financial institution regulated as such by the authorities of the respective country and is not constituted, established, domiciled or resident in a jurisdiction or territory than that referred to in articles 41 D number 2 and 41 H.

3 income derived from the transfer of the use, enjoyment or exploitation of brands, patents, formulae, computer programs and other post-retirement benefits, is that they consist of royalties or any other form of remuneration.

4 capital gains or higher values coming from the sale of goods or rights that generate income from those indicated in the preceding numbers.

5. the rents of rental or leasing of real estate, except that the controlled entity has the rotation or main activity the exploitation of real estate situated in the country where you are resident, domiciled or established.

6 capital gains from the alienation of real estate, except that these had been used or exploited in the development of a business activity generating incomes other than those classified as passive according to this article.

7. the rents of the transfer of rights over the powers from using or enjoying any of the goods or rights considered passive income in accordance with the preceding numbers generators.

8 incomes get controlled entities not domiciled or resident in Chile as a result of transactions with contributors consisting of, domiciled, resident or established in Chile, provided that: a) are parties listed in the terms of article 41 E; ((b) such income are deductible expense for taxpayers established, domiciled, established or resident in the country for the determination of their tax income in Chile, or required to form part of securities subject to depreciation or amortization in Chile, as appropriate, and (c)) these non-Chilean source returns, or being Chilean source, are subject to a tax rate in Chile less than 35%.

If the passive income referred to in this article represent 80% or more of the total revenue of the controlled entity incorporated, domiciled or resident abroad, the total income of this be considered passive income for the purposes of this article.

It shall be presumed, unless evidence to the contrary, that: (i) all income derived by a controlled entity constituted, established or resident in a territory or jurisdiction referred to in article 41 H, are passive income. (ii) a controlled entity domiciled, resident or established in a country or territories with low or null taxation, generates in the exercise at least a passive net income equal to the result of multiplying the average rate that charge the companies of the financial system of the concerned country or territory for the acquisition value or the value of equity sharing which is more relevant to participation, direct or indirect, of the owners consisting of, domiciled or resident in Chile. In case the country or territory officially published the rate of average interest of the companies in its financial system, this rate will be used. If that cannot be determined the indicated rate, average rate annually established the Ministry of finance by Supreme Decree will be used.
This article shall apply only when the passive income of the controlled entity exceeding 10% of total revenues, in the year that corresponds.

D way to recognize in Chile revenues received or accrued pursuant to this article.

Passive income received or earned by the controlled entities, will be considered in turn received or accrued by their owners established, domiciled, established or resident in Chile, at the end of the respective fiscal year, in accordance with the following rules: 1. the passive incomes shall be deemed paid or payable by owners domiciled or resident in Chile, in proportion to the participation, direct or indirect that they have in the controlled entity. For the purposes of determining this proportion, the service may exercise the powers of oversight that apply.

2. to determine the amount of passive income which should be computed in Chile, shall apply the provisions of this law on determination of the tax base of first category, and it will add to the liquid taxable income of the company at the end of the financial year, unless the result throw a loss, case in which will not be recognized in the country.

3 when deductible expenses affect the generation of passive income and other income, the deduction shall be made in the same proportion that such passive incomes represent in the total revenue of the controlled entity.

4. the result of foreign passive income will be determined in the currency of the country in which the entity is based, and will become, when appropriate, to national currency according to the exchange rate established in the number 1 (D) of article 41 A, existing at the end of the year in Chile.

5. taxpayers shall apply article 21 controlled entities that are on the outside.

6 contributors made, domiciled, established or resident in Chile referred to in this article, shall not consider as accrued passive income received or accrued in the exercise by controlled entities abroad, when they do not exceed 2,400 units of building in total at the end of the respective year.

E credit for taxes paid or owed on the outside by passive incomes.

Contributors consisting of, domiciled or resident in Chile who must compute income in accordance with this article, in the country are entitled to credit for income taxes paid or owed abroad corresponding to designated passive income, in accordance with the provisions of articles 41 A, letter B, second paragraph, and 41 C, as appropriate.

Will proceed as a credit for taxes paid deduction even if the controlled entity whose incomes must declare in Chile is not incorporated, domiciled or is a resident of the country or territory that has directly invested taxpayers domiciled, resident or established in Chile, provided that it is current with the country that has applied such creditable taxes in Chile established a Convention to avoid double international taxation or other that will allow the exchange of information for tax purposes, that is effective, being fulfilled in other requirements that establish the provisions referred to in this paragraph.

F. dividends that correspond to passive income.

Dividend withdrawals, distributions and any other form of distribution of profits, benefits or profits which controlled entities distribute to taxpayers with domicile or residence in Chile, will not be taxed in the country with the income tax when they correspond to net passive income that had previously paid pursuant to this article. In these cases, it must be provisions in articles 41 A, letter B, second paragraph, and 41 C, as appropriate.

For these purposes, it shall be deemed that the dividends and other forms of distribution of profits, benefits or distributed earnings correspond to net passive income in the same proportion that these incomes represent the total of the net income of the controlled entity. The same rule shall apply to the determination of the distribution of profits the entity that distributes had received in turn from other controlled entities, and so on.

G registration and information obligations.

Consisting of, domiciled or established taxpayers or residents in the country should keep a detailed record and updated the passive income that has been computed in the country according to this article, dividends or other form of participation in profits, profits or gains from controlled entities, as well as the tax paid or owed on these incomes abroad , among other background.

Service, by resolution, set information should be noted in the register, and may require the taxpayer, in the form and term this established by resolution one or more statements with the information that determined for the purposes of implementing and monitoring compliance with the provisions of this article. The non-submission of this statement, or erroneous, incomplete or untimely presentation shall be punished with a fine of 10 to 50 annual tax units. However, such fine shall not exceed the limit between the equivalent to 15% of the equity capital of the taxpayer determined under article 41 or 5% of its effective capital. The application of such fine shall be submitted to the procedure established in number 1 of article 165 of the tax code. If the statement submitted pursuant to this number were maliciously false, he shall be punished in accordance with the first paragraph of number 4 ° of article 97 of the tax code. The taxpayer may request the respective Regional Director, or the Director of major contributors, as appropriate, for once, extension of up to three months of the deadline for the submission of the Declaration. Granted extension will extend, in the same terms, the term of supervision referred to in the letter to) of article 59 of the tax code.

When passive income that should be recognized in Chile have been affected with the additional tax of this Act correspond originally to Chilean source income derived by the entity without domicile or residence in the country, said additional tax may deduct as a credit for the tax that corresponds to apply such revenues, pursuant to this article. For the purposes of the deduction in the country apply the rules referred to in this article to the adjustability and accreditation of such taxes.

Article 41 H. For the purposes of this law, it shall be deemed that a territory or jurisdiction has a preferential tax regime when it meets at least two of the following requirements: to) his rate of effective taxation on foreign source income is less than 50% of the rate of the subsection first of article 58. For the determination of the effective rate will be considered exemptions or rebates granted on the respective income, costs and expenses effective or alleged that lowering such income and credits or rebates to certain foreign tax, all of them granted or granted by the respective territory or jurisdiction. Effective taxation is the result of dividing the net foreign tax determined by net income adjusted according to the provisions above. In case that a progressive scale of rates applicable in the respective country, the effective rate will be the equivalent of the "average rate", resulting from dividing by two the difference between the minimum and maximum rate in the appropriate scale of rates, expressed as a percentage.

(b) they have concluded with Chile an agreement allowing the exchange of information for tax purposes or the celebrated is not existing.

(c) the territories or jurisdictions whose law lacks rules that empower the respective tax administration to oversee the transfer prices, which substantially conform to the recommendations of the Organization for cooperation and economic development, or the United Nations. (d) those whose laws contain limitations which prohibit their respective tax administrations request for information to its managed and, or the provision and delivery of that information to third countries.

(e) those whose legislation should be considered as preferential arrangements for tax purposes by the Organization for cooperation and economic development, or by the United Nations.

(f) those who levied exclusively on income generated, produced or whose source is in their own territories.

Shall not apply the provisions of this article in the case of member countries of the Organization for cooperation and economic development.

The service, on request, shall take a decision by resolution on compliance with the requirements referred to in this article. "."

(28) in the second paragraph of the number 1 ° of article 42, delete the expression: "which have not been under the rules established in the letter a. of article 57 bis,".

(29) delete the number 5 of article 42 bis.
(30) in number 1 of article 43, reemplazanse expressions "over the part that exceeds 120 and not more than 150 monthly tax units, 35.5%; and,"and" on the part exceeding 150 monthly tax units, 40%. "by the following expression:" on the part exceeding 120 monthly tax units, 35%. ".

(31) in the fourth subparagraph of article 47, below the words "last of the", add the expression "number 3 of the".

(32) in article 52 reemplazanse expressions "over the part that exceeds 120 and not more than 150 annual tax units, 35.5%; and,"and" on the part exceeding 150 annual tax units, 40%. "by the following expression:" on the part exceeding 120 units per year tax, 35%. ".

(33) added the following article 52 bis: following " , in replacement of the one contained in article 43, number 1. For these effects shall be the value of the tax unit of the respective month.

The authorities referred to in the preceding paragraph obtain rents of the above-mentioned functions and should be taxed on them with complementary Global tax, when they exceed the equivalent of 150 annual tax units, is charged with this tribute, by applying to the effect the scale of fees is indicated in (b)) next, in replacement of the one contained in article 52 of this law. For these purposes, the value of the annual tax unit of the last month of the respective business year shall be considered.

For the implementation of the complementary Global tax of the taxpayer referred to in the first subparagraph, where they should include other income other than those listed above in your annual tax return, applies the referred tribute on the whole of them according to the General rules on the subject, and considering the scale of rates indicated in the preceding paragraph. However, when the sum of other revenues, not mentioned in this article, exceeds the sum of 150 annual tax units, shall be credit against the tax that will apply the above scale to all income, the amount resulting from multiplying the excess referred by a rate of 5%.

(a) income from article 42, number 1, obtaining monthly will be taxed in the following manner: 1.-monthly incomes referred to in N ° 1 of article 42, which will apply the following rates: about the part that exceeds 13.5 and not more than 30 monthly tax units, 4%.

On the part that exceeds 30 and not more than 50 monthly tax units, 8%.

On the part that exceeds 50 and not more than 70 monthly tax units, 13.5%.

On the part that exceeds 70 and not more than 90 monthly tax units, 23%.

On the part that exceeds 90 and not more than 120 monthly tax units, 30.4%.

On the part that exceeds 120 and not more than 150 monthly tax units, 35%.

About the part exceeding 150 monthly tax units, 40%.

(b) taxed with complementary global tax revenues will be taxed in the following manner: the incomes that do not exceed 13.5 annual tax units, shall be exempt from this tax.

On the part that exceeds 13.5 and does not exceed the 30 annual tax units, 4%.

On the part that exceeds 30 and not more than 50 annual tax units, 8%.

On the part that exceeds 50 and not more than 70 annual tax units, 13.5%.

On the part that exceeds 70 and not more than 90 annual tax units, 23%.

On the part that exceeds 90 and not more than 120 annual tax units, 30.4%.

On the part that exceeds 120 and not more than 150 annual tax units, 35%.

On the part that exceeds the 150 annual tax units, 40%. "."

(34) replaced the 1st number of article 54 with the following: "1.-the amounts paid or withdrawn by the taxpayer that correspond to taxable income determined in accordance with the rules of the previous categories.

Income amounts allocated by the company, community, or respective society, and income or amounts set aside, or distributed by them, as appropriate, in accordance to the provisions of article 14, 14 ter; 17, number 7, and 38 bis of this law.

(The quantities referred to in the literal i) to iv) of the third subparagraph of article 21, in the form and opportunity that this standard establishes, by taxing the tax of this title which will apply increased by an amount equivalent to 10% on the above items.

The incomes or perceived amounts of companies or companies incorporated abroad and those resulting from the application of the provisions of article 41 G, alleged income determined in accordance with the provisions of this law and the established income pursuant to the provisions of articles 70 and 71 are also included. For societies and communities, their alleged revenue total will be attributed in the form on the number 2 of the letter C) of article 14.

Income from article 20, number 2, and the incomes referred to in number 8 of article 17, obtained by people who do not have to declare as accounting, may compensate for lowering losses of benefits which have been derived from this same type of investment in the calendar year.

Regards the incomes referred to in article 17 number 8, these are included when they have received or accrued, as appropriate.

All other incomes that are affected to the tax of this title, and which are not mentioned expressly in this issue or the following will also be included.

(Where applicable apply the credit established in article 56, number 3), in the case of the quantities referred to in the second paragraph of this number, withdrawn or distributed enterprises subject to the provisions of the letter A) or B) of article 14, an amount equal to such credit will be added to determine the overall gross income of the same period. "."

(35) incorporated the following article 54 bis: "article 54 bis.-interests, dividends and other income from time deposits, savings accounts and mutual funds, as well as other instruments to be determined by Decree of the Ministry of finance, issued by entities subject to the supervision of the Superintendency of banks and financial, of the Superintendence of securities and insurance institutions" of the Superintendent of Social Security, the Superintendency of pensions and the Department of cooperatives dependent of the Ministry of economy, development and tourism, which are empowered to offer the public such extended on behalf of the taxpayer, financial products-shaped one-man and nominative, shall not be considered perceived for the purposes of taxing them with complementary global tax, as long as they are not withdrawn by the taxpayer and remain saved in instruments of the same type issued by designated institutions.

To enjoy the referred benefit, taxpayers must be expressed to the respective entity willingness in this regard at the time of the investments. In any case, at any time taxpayers may waive the benefit that set out in this article, and must include in the tax base of the complementary global tax, the total of the interest, dividends and other returns received to date and which are pending of taxation.

The total amount annually earmarked for saving in the set of instruments subject to the provisions of this article, may not exceed the equivalent of 100 annual tax units.

If the taxpayer has made in the same period investments benefiting from the provisions of article 57 bis, these should be considered for the computation of the limit referred to in the previous paragraph, adding before saving to this article.

For the computation of the designated limits, each amount to the savings shall be deemed its value in annual tax units, according to the value in the month in which it takes place. The total amount of the investments made in practice covered by the provisions of article 57 bis, redesigned the way established in that provision, shall be considered in annual tax units according to the value of this at the end of the year.
In the event that the total investments made during a year exceeds the sum equivalent to the 100 annual tax units, investments from which the excess occurred are excluded of the benefit specified in the present article, and therefore the taxpayer shall declare the interest, dividends and other perceived yields you get from these investments in accordance with the General rules. The service will inform the receivers of investment, in the form and term established by resolution, the investments made by the taxpayers in the respective exercise which are excluded from the benefit that has this article, for exceeding the annual limit. The respective entity, shall be released from the obligations which are established in the following paragraphs, with respect to investments excluded from the regime.

The instruments referred to in this article do not may undergo any other provision of this Act that establishes a tax benefit.

The designated institutions must bear an account detailed by each person and each savings instrument played host to this article that the person has in the respective institution. Account is to score at least the amount and date of any amount that the person deposited or invested, and the date and amount of each rotation or withdrawal made or received by the person, are they capital, utilities, interests or others, must report such records to the service in the form and terms that it determines by resolution as well as other background requiring that organisation for the purposes of monitoring compliance with the requirements of This article.

Each withdrawal or rescue made the taxpayer of amounts invested in instruments subject to the provisions of this article, shall be considered included in the same proportion, both the capital originally invested as interest, dividends and other returns received to date. This proportion corresponds to the amount of the withdrawal or effected rescue, on the accumulated balance on investment considering the sum of the capital more interests, dividends and other returns received at the date of the withdrawal or rescue. To determine how much of the investment shall be considered as interest, dividends or other income, shall apply the rules of article 41 bis.

For the purposes of this article, shall not be perceived interest, dividends or other income forming part of a retreat or liquidation of investments, made on the occasion of the reinvestment of such funds in instruments, accounts or deposits identified in the same or other trusted institutions. Therefore the taxpayer shall instruct the respective institution that maintains its investment, account or deposit, using a power which must comply with the formalities and contain minimal mentions that the service be established by resolution, so that it settled and transfer, all or part of your investment product, to another tank, has savings or in the same institution or other instrument.

The qualified entities referred to in this article shall inform the service in the manner and terms that this determined, on deposits and received investments and open accounts, that to use this benefit payouts are reinvested in other instruments, deposits or accounts and made withdrawals. They must also certify, at the request of the person concerned, interest, dividends or other perceived performance when they have been effectively removed, do so in the manner and term that establishes the service through resolution.

The lack of emission by the institution in the opportunity and form referred to in the preceding paragraph, omission or delay in delivery of the information required by the service, as well as their delivery incomplete or erroneous, shall be punished with a fine of a monthly tax unit up to a yearly tax unit for each breach, which shall apply in accordance to the procedure established in no. 1 of article 165 of the tax code.

For purposes of calculating the tax on pensions received pursuant to this article, shall apply the rate of the complementary global tax corresponding to the financial year in which they are received. However, the taxpayer may opt for a rate of complementary global tax equivalent to the average of the highest rates of this tax that have affected the taxpayer during the period in which kept saving, whereas up to six years commercial. "."

(36) in the fifth subparagraph of article 55 bis, then the expressions "penultimate of the", insert the expression "number 3 of the".

((37) in number 3 of article 56: to) replace first paragraph with the following: "3) the amount resulting from applying to revenues or quantities allocated in accordance with the provisions of articles 14, 14 ter, 17, number 7, and 38 bis, as the owners, community members, partners or shareholders of other companies, communities or societies" are included in the overall gross income, the same rate as the first category tax that is taxed. (Also entitled to this credit, the amount to be determined in accordance with provisions in the number 5-, the letter A), and the number 3-, letter B), both article 14, on the rents withdrawn or distributed from companies subject to those provisions, on the other hand of these quantities that integrate the global gross income of the aforementioned persons. "."

(b) add, in the third paragraph, then of the words "first class", the phrase ", with the exception of the part in which the tribute has been covered with the credit for the territorial tax paid", and incorporated the following final sentence: "For this purpose, the company score separately the part of the cumulative balance of credit which has been covered by the credit by the territorial tax paid.".

(c) incorporate the following final paragraph: "(Sin perjuicio de lo establecido anteriormente, los contribuyentes que imputen el crédito a que se refiere este número, proveniente deel saldo acumulado establecido en el numeral i) (, the letter b)(, deel número 2.-, de la letra B), of article 14, should return to title of debit tax, an amount equal to 35% of the amount of the referral credit." For all legal purposes, the tax debit, shall be deemed a more complementary global tax given. "."

(38) repeal article 57 bis.

((39) in article 58: to) number 1, replaced expressions "remesen abroad or they are removed," by "should be attributed remesen abroad, or are removed in accordance with the provisions of articles 14, 14 ter; "17, number 7, and 38 bis".

((b) replace the number 2) by the following: "2) people who have no domicile or residence in the country will pay this tax on all profits and other amounts that societies anonymous or limited partnership by shares to its shareholders, constituted in Chile, attributed to them or agree to distribute to any title, as the shareholders ' , in accordance with the provisions of articles 14, 14 ter; 17, number 7, and 38 bis. Returns of capital admitted to the country that are welcomed to the franchises of the Decree Law N ° 600, 1974, law organic constitutional of the Central Bank of Chile and other legal provisions in force, but only up to the amount of the capital actually boarding school in Chile will be exempted assessment established in this issue.

Where applicable apply the credit established in article 63, for amounts distributed by companies subject to the provisions of the letter A) or B) of article 14, an amount equal to such credit is added to determine the tax base of this tax. "."

((c) in the fifth paragraph of number 3), then the end point, which passes to be followed point, add the following sentence: "However, will respond jointly and severally on the indicated amounts, along with the acquirer of the shares, entity, company or issuer of the underlying assets referred to in the literal (i) of the third subparagraph of article 10" , or the agency or other permanent establishment in Chile concerning the literal (ii) of this provision. "."

((40) in article 59: to) in subsection first, replace the expression "a referred to in article 41 D,", with the phrase "a referred to in articles 41 D and 41 H,".

(b) disposed of in the number 1 of the fourth subparagraph, since the second paragraph beginning with the words "The designated rate", until the final paragraph that ends with the word "multilateral".

(c) eliminate the final paragraph.

((41) in article 60: to) in subsection first, be replaced with the expression "or earn" expressions ", accruing or attributed to pursuant to articles 14, 14 ter; 17, number 7, and 38 bis, "."

(b) in the second subparagraph, delete the word "foreign".

((42) on article 62: to) in the first paragraph, then of the words "penultimate of the", intercalanse the words "number 3 of the", and agreganse, then of the separate point, which happens to be point followed, the following sentence: "also joins income amounts allocated by the company, community or respective society, and income or amounts set aside, or distributed by them , as appropriate, in accordance to the provisions of articles 14, 14 ter; 17, number 7, and 38 bis. "."
(b) Insert, in the second paragraph, then of the phrase "year that is", the expression "attributed to,", and delete the third paragraph, passing current subparagraphs fourth, fifth, sixth, seventh, eighth and ninth, to be third, fourth, fifth, sixth, seventh and eighth, respectively.

(c) Eliminanse, seventh paragraph, the expressions "removed according to article 14 bis and quantities", and agreganse then the comma that is located after the figure "14 ter", the expressions "and that attributed to pursuant to that provision,".

(d) replacements the subsection eighth and ninth, who passed to be subsections seventh and eighth, respectively, by the following: "will also include income or amounts received from companies or companies incorporated abroad and those resulting from the application of the provisions of article 41 G, alleged income determined in accordance with the provisions of this law and pensions fixed pursuant to the provisions of articles 70 and 71. For societies and communities, their alleged revenue total will be attributed in the form on the number 2 of the letter C) of article 14.

Where applicable apply the credit established in article 63, for the quantities withdrawn or distributed enterprises subject to the provisions of the letter A) or B) of article 14, is added, an amount equal to such credit to determine the taxable income of the same period. Regards the incomes referred to in article 17 number 8, these are included when they have been received or accrued, as appropriate. "."

(43) replacements first and second subparagraphs of article 63 by the following: "additional tax taxpayers who obtain income referred to in articles 58 and 60 first subsection, you will be a credit equal to the amount resulting from applying the rules referred to in the following subparagraph.

Such credit shall be the amount resulting from applying to revenues or quantities allocated in accordance with the provisions of articles 14, 14 ter, 17, number 7, and 38 bis, as the owners, community members, partners or shareholders of other companies, communities or societies, which are included in the taxable income of the tax, the same rate as the first category tax that is taxed. (Also entitled to this credit, the amount to be determined in accordance with provisions in the number 5-the letter A), or in the number 3-, letter B), both article 14, on the rents withdrawn or distributed from companies subject to those provisions, on the other hand of these quantities that integrate the tax base of the aforementioned persons.

Without prejudice to the provisions above, taxpayers who charged the credit referred to in subsection above, coming of the cumulative balance established in the paragraph i), letter b), the number 2.-, letter B), article 14, must return to title of debit tax, an amount equal to 35% of the amount of the referral credit. A more certain additional tax shall be deemed for all legal purposes, the tax debit. The obligation of restitution shall not apply to contributors of additional tax, residents in countries with which Chile has signed an agreement to avoid double taxation which is effective, which has been agreed upon the application of the additional tax, provided that the first category tax is deductible for the tribute, or contemplating another clause which produces the same effect. "."

((44) in article 65: to) in the number 1°, delete the expression "with the flat tax laid down in the third subparagraph of the number 8 ° of article 17"; and add, after the word "due", the word "attributed", preceded by a comma.

(b) in point 3 °, after the word "obtained", add the expression "or that have been conferred them".

(c) replace the 4th number by the following: "4.-taxpayers referred to in article 60, paragraph first, by income received, due, attributed or removed, as appropriate, in the previous year. Number 2 of article 58 taxpayers must submit a declaration about income attributed to pursuant to this Act. "."

((45) in article 69: a) in the heading, then the expression "obtained", agreganse the words "or attributed".

(b) in point 3 removed the expression "in no. 8 of article 17, and", and add, then the figure "73 °", the expression "or 74 °".

(46) incorporate the following final subparagraph in article 70: "when the taxpayer proves the origin of the funds, but not shown to have complied with the taxes that would have corresponded to apply such amounts, the limitation periods laid down in article 200 of the tax code shall be increased by the end of six months from the notification of the summons in accordance with article 63 of the tax code to pursue the fulfillment of tax obligations and the criminal interests and penalties arising from such breach. "."

(47) replaced the number 4 ° of article 74 by the following: "4.-taxpayers who remesen abroad, paid account, available to or pay income or amounts affected to the additional tax in accordance with articles 58, 59 and 60, cases in which the retention must be performed with the rate of additional tax that corresponds.

For companies, communities and companies subject to the provisions of the letters/A) or B) of article 14, the retention which is to be effected on withdrawals, remittances or distributions made with charge to the quantities noted in the record that establishes the letter d) issue 4 of that letter, income or amounts affected to the additional tax according to the number 3-of the letter B) of article 14 ((, or which exceed such amounts, shall be increasing basis under articles 58 and 62, previously entitled to the credit established in article 63, determined in accordance with provisions in issue 5 of the aforementioned letter A), and in number 3 of the letter B), both of article 14.

Notwithstanding the above, at the time of practicing the retention of which is this article, when imputing the credit referred to in the preceding paragraphs, from the accumulated balance established in the numeral i) of point (b)), from the number 2-letter B) article 14, must return to title of fiscal debit an amount equal to 35% of the amount of the referral credit. A major additional tax withheld shall be deemed for all legal purposes, the tax debit. However, not proceed the aforementioned refund for residents in countries with which Chile has signed an agreement to avoid double taxation which is effective, in which it has been agreed the application of the additional tax, provided that the first category tax is deductible for the tribute, or contemplating another clause which produces the same effect.

If at the end of the exercise determined that the deduction of credit established in article 63 becomes improper, totally or partially, the company or society must pay to the Treasury, on behalf of the taxpayer of additional tax, the difference of tax that is to have been deducted a further credit, without prejudice to the right of society to repeat against him. This amount shall be paid in the annual income statement should present the company or society, re-designed in the percentage of change in the price index to the consumer and the month prior to the retention of the month prior to the presentation of the Declaration of tax on the income of the society, opportunity that should make restitution.

The retained amount provisionally will be subscription to the set of taxes that declare the taxpayer with respect to the same income or amounts affected by the retention.

Case of the amounts determined according to article 14 ter, the retention shall be effected with rate of 35%, with deduction of credit established in article 63. (((((Equal obligation to withhold will have taxpayers who remesen abroad, make available, paid account or paid to taxpayers without domicile nor residence in Chile, incomes or from amounts of the operations referred to in letters to), b), c), d) and h) number 8 of article 17. The retention shall be carried out with a provisional rate equal to the difference between the rates of additional taxes and premium existing at the date of disposal, when they should also be taxed with this last tribute, on the total of the amounts that remesen abroad, pay, paid account or made available to the taxpayer without domicile or residence in Chile , unless it can be determined the higher value on tax, case in which the retention shall be carried out at the rate of 35% on such higher value, amounts to in both cases be given for subscribing to the set of taxes which the taxpayer with respect to the same income or amounts affected by the retention, without prejudice to its right to impute remnant that proves to other annual of this law taxes in his annual statement to declare or request your refund in the manner provided in article 97. If impaction declared and paid fixed entirely taxes that affect the taxpayer, the latter will be released from this annual filing.
Without prejudice to the annual statement which may be required, alienating taxpayers may submit an application to the service prior to the expiry of the legal deadline for the Declaration and payment of retention, as this set by resolution, order that previously determined the highest value on which the amount of retention must be calculated. Such request shall include, in addition to the estimation of the value of the operation, all the background that would justify it. The service, at its sole discretion, shall take a decision on such a request within a period of thirty days, from the date that the taxpayer has put at the disposal of that all the background information required to resolve the request, what shall be recorded in a certificate issued by the relevant office of the service. Expired unless it has ruled on the application, means that the service has denied it, case in which must determine the amount of the retention in accordance with the rules of this law and the tax code. When service has decided to accept the request of the taxpayer and the operation that gives rise to the tax and the retention obligation has materialized, this must declare and pay retention within the period of five working days from the notification of the favorable decision, case in which means declared and paid timely retention. Expired unless it has been declared and paid the check, means unfulfilled duty of retaining that set out in this article, apply the provisions of this law and the tax code. The highest value that is determined according to the above may not be controlled any, unless accompanied by history are maliciously false, incomplete or wrong, case in which may, prior summons issued in accordance with article 63 of the tax code, settled and turned the differences in taxes that are detected in accordance with the General rules, more adjustments interests and relevant fines.

In any case, retention may not be made if it is credited in the form that establishes the service through resolution, that the withholding tax or applicable to the operation have been declared and paid directly by the taxpayer of additional tax, or quantities corresponding to income does not constitute income or the respective tax exempt income or that of the respective operation was a lower value or loss for the taxpayer that is , as appropriate. In these cases, when he is not accredited all the fulfillment of any of the grounds indicated, and the taxpayer forced to retain, whether or not society, is related to the beneficiary or perceptor such income or amounts in the terms referred to in article 100 of the law N ° 18,045, will be responsible for the entire of retention to refers this number , without prejudice to their right to repeat against the taxpayer no domicile or residence in Chile.

However provisions in the previous paragraphs, taxpayers who remesen, distribute, paid account, available to or pay income or amounts to taxpayers without domicile or residence in Chile who are residents of countries with which there is an agreement in force to avoid international double taxation, as regards income or amounts that must only be taxed in the country of domicile or residence in accordance with the same , or apply a lower rate corresponds to that according to this law, may not deduct the dues established in this issue or carrying them out the rate assumed in the Convention, as the case, when the beneficiary of income or amount credited them through the delivery of a certificate issued by the competent authority of the other Contracting State their residence in that country and declare it in the form established by resolution service, that at the time of that statement is not in Chile a permanent establishment or base set to which need to be attributed such income or amounts, and it is, when the Convention the beneficial owner of such income or amounts required by, or have the quality of resident qualified. When the service set in the case that were not requirements for implementing the provisions of the respective agreement under which was not performed any retention or work done was by an amount inferior to which would have corresponded according to this article, and obliged to withhold taxpayer, whether or not society, is related to the beneficiary or perceptor such income or amounts in the terms referred to in article 100 Law N ° 18,045, the taxpayer will be responsible for the entire of retention which totally or partially not had effected, without prejudice to their right to repeat against the person that is not resident or domiciled in Chile.

En_el_caso_de the amounts set forth in the literal i) to iv) of the third subparagraph of article 21, the company or respective society should be an annual retention of 45% on such sums, which will be declared in accordance with articles 65, no. 1, to 69.

(For disposals referred to in articles 10, third paragraph, and 58, number 3, the purchasers of the shares, shares, rights and other securities shall be a retention of 20% or 35%, as appropriate, on taxable income determined in accordance with point (b)) number 3) of article 58, which will be declared in accordance with articles 65 , number 1, and 69, or in accordance with article 79, at the option of the taxpayer. "."

(((48) in the first subparagraph of article 84: a) in the first paragraph of the letter to), suprimense expressions "(letra a) (, tenth paragraph of the letter b) (and final paragraph of the letter d)," and the expressions "by taxpayers of article 34, number 1, number 2, and 34 bis".

((b) in point e), the expression "No. 2 of article 34 bis", be replaced by "article 34".

(((c) Eliminanse the letters f) and g).

((d) in the letter i), reemplazanse the phrase "to articles 14 ter and quater 14" by "to article 14 ter", and the words "of its activity" by "perceived or accrued to get in their activities, as appropriate according to the article 14 ter".

e) in the letter i), agreganse the following second and third paragraphs new: "taxpayers whose owners, community members, partners or shareholders are only natural persons with domicile or residence in Chile, which are under the provisions in article 14 ter, may choose to apply as the interim payment rate that results from adding the effective rate of the complementary global tax that has affected each of the owners , community members, partners or shareholders multiplied by the proportion of the liquid, taxable income that has been attributed to each of these, all this divided by gross income obtained by the company. For these purposes, shall be deemed the effective rate, liquid, taxable income and gross income for the preceding marketing year.

The rate to be determined in accordance with this paragraph, shall apply to the gross income of the month in which the income tax corresponding to the previous business year and up to the gross income of the month previous to the one in which the next tax return be submitted be submitted. "."

((49) in article 91: a) in the first subparagraph, eliminanse expressions "or one in which are carried out withdrawals and distributions, in the case of taxpayers in article 14 bis, subject to the requirement of such interim payment";

(b) in the subsection second, replacements expressions "(las letras e) and f)", by the expression "(la letra e)".

((50) on article 97: a) in the fifth subparagraph, replacements sentences "nonetheless who opt for delivery of the check by mail to your home must apply for it at the service of treasuries. In the event that the taxpayer does not have any of the listed accounts, such refund is made by check mailed to your home. ", by the sentence" when the taxpayer does not have any of the referred accounts or Treasury service lack information about those, repayment may be effected by making available to view the respective sums through vale taxpayer banking or be carried out through a direct payment per box in "" a bank or financial institution empowered to effect. "."

(b) add the following final paragraph: "the service shall have a period of twelve months from the date of the application, to solve the return of the balance in favour of the taxpayer which is the absorption of profits pursuant to article 31, number 3. However, the service may revise the respective returns according to the provisions of articles 59 and 200 of the tax code. "."

((51) in article 108: to) Suprimense third and fourth subparagraphs.

(b) disposed of in sixth paragraph, which became the fourth subparagraph, final sentence.

(c) add in the seventh paragraph, it became a fifth paragraph, then the word "funds", the three times appears, the expression "mutual" ".