Perfect The Legislacia N Tax And Finances The Educational Reform

Original Language Title: PERFECCIONA LA LEGISLACIÓN TRIBUTARIA Y FINANCIA LA REFORMA EDUCACIONAL

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"(Artículo 1°.-Introdúcense en la Ley sobre Impuesto a la Renta, contenida en el artículo 1° deel decreto ley N° 824, de 1974, las siguientes modificaciones: 1) (amended article 10, as follows: to) removed, from the date of publication of this law in the official journal, the second part of the second paragraph begins with the expression"Also"and ending with the point apart (..)."

(b) Incorporanse, from the date of publication of this law in the official journal, the following paragraphs third, fourth, fifth, sixth and seventh: "(Se encontrarán afectas ael impuesto establecido en el artículo 58 número 3), income derived by an alienating non-resident or domiciled in the country, arising from the disposal of social rights, shares, quotas" (, bonds or other securities convertible into shares or social rights or the alienation of other rights representing the capital of a legal entity incorporated or resident abroad, or titles or property rights with respect to any entity or heritage, incorporated, formed or resident abroad, in the following cases: to) when at least 20% of the market value of all the shares , shares, securities or foreign rights that alienating said possesses, directly or indirectly, in society or foreign entity, either the date of the alienation or in any of the 12 months prior to this, comes from one or more of the underlying assets indicated in the literal (i), (ii) and (iii) following, and in the proportion corresponding to the indirect participation that is alienating foreign. For these purposes, it will attend to the current value in square of Chilean referred to underlying assets or which is normally collected in conventions of similar nature considering the circumstances in which the operation is performed, and can service exercising its power of appraisal in accordance with the provisions of article 64 of the tax code: (i) shares, rights, shares or other securities in the property control or profits of a company, Fund or entity incorporated in Chile;

(ii) an agency or other permanent establishment in Chile of a contributor no domicile or residence in the country, being for tax purposes which that permanent establishment is a company independent of its parent company or head office, and (iii) any good furniture or property located in Chile, or titles or rights in respect of the same, whose owner, or the owner is a corporation or other entity without domicile or residence in Chile.

In addition to complying with the requirement laid down in this letter, it is necessary to make the aforementioned disposal of, at least, 10% of the total shares, quotas, titles or rights of the person or foreign entity, whereas all disposals, direct or indirect, of such actions, fees, titles or rights, made by the seller and other members not resident or domiciled in Chile of its business group , under the terms of article 96 of the law N ° 18,045 on the stock market, over a period of twelve months prior to the last one.

((b) when the date of the alienation of shares, shares, titles or foreign rights or at any time during the twelve months prior to this, the current value in place of one or more underlying assets described in the literal (i), (ii) and (iii) the letter a), and in the proportion corresponding to the indirect participation that they possess the alienating foreign is equal to or greater than 210,000 annual tax units determined in accordance with the value at the date of the alienation. It will be also necessary in this case that he transferred at least 10% of the total shares, quotas, titles or rights of the legal person or foreign entity, whereas all disposals made by the seller and other members not resident or domiciled in Chile of its business group, under the terms of article 96 of the law N ° 18,045 , on the stock market, over a period of twelve months prior to the last one.

(c) when actions, fees, securities or foreign rights alienated, they are issued by a corporation or other entity domiciled or established in one of the countries or jurisdictions that appear on the list referred to in number 2 of article 41 D. (In this case, it is sufficient that any percentage of the market value of total shares, quotas, titles or foreign rights alienating said held, directly or indirectly, in society or foreign entity domiciled or established in the country or jurisdiction list, comes from one or more underlying assets indicated in the literal (i), (ii) and (iii) the letter to) earlier and in the proportion corresponding to the indirect participation that they possess the alienating overseas, unless the seller, its representative in Chile or the purchaser, if it be the case, accredits in reliably before the service, that: (A) the society or foreign entity whose shares, shares, securities nor rights alienated, there is a partner, shareholder, owner or beneficiary with residence or domicile in Chile with a 5% or more of participation or benefit in the capital or profits of such company or foreign entity and ((, which, in addition, (B) its partners, shareholders, owners or beneficiaries that control, directly or indirectly, 50% or more of its capital or profits, are resident or domiciled in a country or jurisdiction that does not form part of the list indicated in number 2 of article 41 D, in which case the income obtained by alienating foreign only be taxed in Chile to comply with provisions in the letters a) or b) unprecedented.

In the implementation of the previous letters, to determine the market value of the shares, quotas, titles or rights of the person or foreign entity, the service may exercise the powers of article 41 E.

The above values when they are expressed in foreign currency, shall be considered as equivalent in national currency at the date of disposal, whereas for this purpose the provisions in number 1, letter D-, article 41 A. In determining the current value in square indirectly acquired underlying assets referred to in the literal (i) and (ii) the letter to) above, shall exclude investment companies or entities constituted in Chile remain abroad to the date of disposal of securities, shares, rights or foreign actions, as well as any debt contracted for purchase and that is outstanding on that date. Such investments will be considered equally according to their current value in square. Service, by means of resolution, will determine the applicable rules to correlate liabilities and investments in the application of the exclusion established in this subsection.

Tax that would tax income of the preceding subparagraphs, shall be determined, declared and paid in accordance with the provisions of article 58 number 3).

However, the provisions in the preceding third subparagraph shall not apply when disposals that occurred abroad have been made in the context of a reorganization of the business group, as this is defined in article 96 of law No 18,045, on stock market, provided that in such operations has been not generated income or a greater value for the alienating (, income or greater value determined in accordance with article 58 number 3). "."

((((2) amended article 14, in the following manner: a) replaced into the second paragraph of the letter b), number 1, letter A), the expression "third" the two times it appears, by "first".

((b) replaced by the third subparagraph of point (b)), number 1, letter A), the expression "third parties" by "first".

((c) replace paragraph first letter c) number 1, letter A), the expression "carried out according to the rules of article 41, penultimate paragraph, of this law", by the following words: "whose highest value is over--encumbered with the first category and Global complementary or additional tax accordingly".

((d) replaced by the second paragraph of the letter to) the number 3, letter A), the expression "first" "second".

3) amended article 14 ter, in the following way: to) Reemplazanse in (c)), the number 3, the expressions "a tax", "the tax".

(b) modified the last paragraph, by replacing the expressions "a tax", "the tax"; and added after the term "withdraw", the expression "or distribute."

((4) amended article 15, in the following way: to) Eliminanse in the first subparagraph, the following expressions: ", except that the income-generating operations span more than one period as in the case of long-running, extraordinary sales of deferred payment and remuneration in advance or delayed for services rendered during a long period of time".

(b) replacements subparagraphs second, third, fourth and fifth, by the following:
"When at the time of the merger of companies, including the meeting of all rights or shares in a company in the hands of one person, the value of total investment in rights or shares of the merged company, within this concept is less than proportional, or total value as appropriate, to be the capital of the company being acquired determined according to article 41 of this law, the difference that occurs should be, firstly, distributed among all the non-monetary assets that are received during the merger whose tax value exceeds the current Plaza. The distribution shall be in the proportion that represents the current value in the square of each of these assets over the total of them, reducing the tax value of these to concurrence of their current value in square or which is normally charged or would charge in the conventions of similar nature, considering the circumstances in which the operation is performed. Survive the difference or a part thereof, it shall be regarded as a deferred income and will fall by the taxpayer within its gross income in a period of up to ten consecutive business years counted from that in which it was generated, incorporating at least one-tenth of such income in each financial year until its total allocation.

If the 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. The value of acquisition of rights or shares referred to in the preceding paragraph, to determine the above difference, should reset according to the percentage of change in the price index the consumer between the month prior to the acquisition of the same and the previous month the the balance sheet for the year previous to the one in which fusion occurs.

For the purposes of its allocation, deferred income that may have occurred during the year, will reset according to the percentage of variation experienced by the index of prices to the consumer in the period between the previous month that the merger of the respective society occurred and the last day of the month prior to the balance sheet. Moreover, the balance of income deferred by attribute in 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 accordance with article 64 of the tax code, the service may founded price values determined by the taxpayer. The difference determined by virtue of the aforementioned pricing, shall be regarded as income of the period in which fusion occurs. "."

5) amended article 17, in the following sense: to) replace the letter to), number 8 °, first subparagraph by the following: "a) alienation or transfer of shares of corporations, stock shares or social rights in societies of people, provided that between the date of acquisition and alienation has elapsed at least a year;".

((b) replace the letter b), number 8 °, first subparagraph by the following: "b) transfer of real estate located in Chile, carried out by individuals or societies of people formed exclusively by natural persons, except those forming part of the assets of companies that declare any kind of effective rents of the first category on the basis of a balance sheet according to full accounting. Nor shall apply in this letter, when the partnership has been obliged, in the immediately preceding year to alienation, to determine their effective incomes in the designated form, either, resulting from the division of a society that such effective income should testify in the designated form, the exercise that has taken place in the alienation or the immediately prior to this. In the latter case, the resulting society of the division may qualify for provisions of this letter, provided that it has been host at least during a calendar year to a regime of presumption or declaration of effective rents according to contract or simplified accounting, over such property, except when there is a promise of sale or lease with option to purchase the asset respective root , in which case will be two year calendar that should be welcomed these regimes for these purposes. "."

((c) replace the letter i), number 8 °, first subparagraph by the following: "i) alienation of rights or quotas with respect to real estate held in community by individuals or societies of people formed exclusively by natural persons, except those forming part of the assets of companies that declare any kind of effective rents of the first category on the basis of a balance sheet according to full accounting." Nor shall apply in this letter, when the partnership has been obliged, in the immediately preceding year to alienation, to determine the effective rents in the designated form either, resulting from the division of a society that such effective income should testify in the designated form, the exercise that has taken place in the alienation or the immediately prior to this. In the latter case, the resulting society of the division may qualify for provisions of this letter, provided that it has been host at least during a calendar year to a regime of presumption or declaration of effective rents according to contract or simplified accounting, over such property, except when there is a promise of sale or lease with option to purchase the asset respective root , in which case will be two year calendar that should be welcomed these regimes for these purposes. "."

(d) Agreganse in the second, number 8 °, the first subparagraph of paragraph, then the end point, which becomes point followed, the following sentences: "in the case of the alienation of shares of corporations, stock shares or rights in societies of people, their contribution or acquisition value, must increase or decrease, depending on the case, by increases or decreases in capital later carried out by the seller." For these purposes, values must be readjusted according to the percentage of change in the price index consumer between the month prior to the acquisition or contribution, increase or decrease of capital, and the month preceding the alienation. In the case of the sale of bonds and other debt securities, acquisition cost should be decreased by depreciation of capital received by the seller, reset in the same way mentioned above. In the case of the alienation of rights in society of persons or shares issued on the occasion of the transformation of a society of people in joint-stock company, 10% or more of the actions, to the company or respective society or those who have interests, for the purposes of determining the greatest value from this operation, they shall deduct from the value of contribution or acquisition of the aforementioned right or actions , as appropriate, those values of contribution, acquisitions or capital increases that have their origin in incomes that have not paid wholly or partly taxes of this law. For these purposes, values must be readjusted according to the variation of the price index consumer between the last day of the month prior to the acquisition or contribution, increase or decrease of capital, and the last day of the month preceding the alienation. "."

(e) insert in fourth paragraph, of the 8th number, of the first subparagraph, the expression "or contribution" between "greater value that exceeds the value of acquisition" and ", reset, with the first category tax".

(f) overridden in fifth paragraph, the expression "designated taxes in the preceding paragraph affects" by "(sujeta a la tributación establecida en el inciso primero, literal ii), the article 21".

(6) delete in the penultimate paragraph of article 18, the expression "penultimate paragraph of the".

7) amended article 20, as follows: to) replace in the first subparagraph, the figure "17", "20", from the entry into force of the modification introduced by the number 17) following this article, amending the scales of rates laid down in articles 43 and 52 of the law on income tax, with regard to the first category tax that should be declared and paid as of the tax year 2013.

((b) Introducense in (b)), the number 1), the following amendments: i) replaced the ninth subparagraph by the following: "after you apply the preceding subparagraphs standards, taxpayers with annual sales not exceeding 1000 monthly tax units may continue subject to the system of presumed income. To determine the limit of sales referred to in this subparagraph shall apply the rules of sixth and seventh subparagraphs of this letter, but only computing the proportion of annual sales in which the taxpayer participates in capital, revenues or profits of such communities or societies for such purposes. "."

(ii) replace the third tenth subparagraph by the following: "for the purposes of this letter means that a natural person is related to a society in the following cases:"
I) if society is people or cooperative and the person, as a partner or cooperated, has powers of administration, or if you participate in more than 10% of the profits or income, or if it is the owner, beneficiary or any other title has more than 10% of social capital, social rights or participation fees. This will also apply to the community members with respect to the communities in which they participate.

(II) if the society is anonymous and the person is the owner, beneficiary or any other title is entitled to more than 10% of the shares of utilities, income or of the votes at the shareholders meeting.

III) if the person is participating by more than 10% in a contract of partnership or other business trust in nature, in which the society or cooperative is Manager.

IV) if the person or community, in accordance with these rules, is related to a society, and this in turn is another, means that the person or community is also linked to this last and so on. "."

(iii) replace the fourth tenth paragraph, by the following: "the taxpayer that, due to the rules of relationship is forced to declare their taxes on effective income, shall notify, by registered letter, all locals, cooperative members or partners of the communities, cooperatives or companies with which it is related." Communities, cooperatives or companies receiving such communication must, in turn, inform with the same procedure all taxpayers having more than 10% of the property, capital, profits or income in them. "."

((c) replaced by the letter e), the expression "persons" by "taxpayers".

(8) replace article 21, from the entry into force of article 3 of this law, which introduces amendments in Decree Law No. 3.475 of 1980, stamps and stamp tax law, with regard to the events that took place after that date, by the following: ' article 21.-corporations, the taxpayers of number 1 of article 58, individual entrepreneurs and societies of people " forced to declare their incomes effective according to a balance sheet as accounting full or covered by article 14 bis, shall declare and pay in accordance with articles 65, no. 1, to 69 of this law, a single tax of 35%, which will not have the character of tax category, which will be applied on: i. number 1 games Article 33, which correspond to species retreats or representative of disbursement amounts of money that should not be attributed to the value or cost of the property, proceeding its deduction in determining the taxable liquid income of first category. The designated taxation shall apply unless these items are taxed pursuant to the literal i), of the third paragraph of this article;

II. the quantities to be determined by the application of the provisions of articles 17, number 8, fifth subparagraph; 35, 36, second paragraph; 38, 41 e, 70 and 71, of this law, and those that are determined by application of the provisions of subparagraphs third to the sixth article 64 of the tax code, as appropriate, and iii. The amounts that corporations intended to the acquisition of shares of own issue, in accordance with the provisions of article 27 A, of the law N ° 18.046, on corporations, when they have not alienated them within the time limit established by article 27 C, of the same law. 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; the flat tax of this article; tax number 3, of article 104, 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 payment referred to in the 12th number of article 31 and the payment of patent mining companies, in both cases where it may not be deducted as an expense.

The taxpayers of complementary Global tax or additional, which are shareholders of joint-stock companies or limited partnership by shares, taxpayers of number 1 of article 58, individual entrepreneurs and members of societies of people, is that the company or respective society is obliged to declare their incomes effective according to a balance sheet according to full accounting ((, or is accepted article 14 bis, must declare and pay the taxes indicated, as appropriate, on the amounts indicated below in the literal i) to iv) of this subsection, 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) items number 1, of article 33, which correspond to species retreats or quantities representative outlay of money not be attributed to the value or cost of the property, when these items have benefited to the shareholder, individual entrepreneur, or the partner of a partnership proceeding its deduction in determining the taxable liquid income of premium from the company or respective society. In these cases, the service will determine founded the benefit experienced by the shareholder, individual entrepreneur or partner of a partnership. Means that these items benefit to designated persons, when they have benefited a spouse, their children not legally emancipated, or anyone else related to those in the terms of Article 100a, of law No. 18,045 on the stock market. When such amounts benefiting two or more shareholders 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 the number of shares holding or their participation in the profits of the company or respective society.

(ii) loans that the company, the taxpayer's number 1, of article 58 or the respective society, with the exception of open corporations, owners, partners or shareholders contributing complementary Global tax or additional, when the service determines founded way are a retreat hidden 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, the retained earnings 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 time limit for payment of the loan, its extensions or renewals, interest rate or other relevant clauses of operation, circumstances and elements that must be expressed by the service, founded, to determine that the loan is a disguised withdrawal of quantities affected taxation of this subsection.

The amounts referred to in this paragraph, shall not be deducted in the company or lending society, of the quantities that are affected Global complementary or additional taxes in accordance with the provisions of article 14.

(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, shall be presumed right that the minimum value of the benefit shall be 10% of the value of the specified property for tax purposes at the end of the exercise, or an amount equivalent to the annual depreciation as long as it is applicable, when you represent one larger amount, and 11% of assessed valuation in fiscal trying real estate, regardless of the period in which have been used goods in the exercise or in the proportion that the taxpayer justified convincingly. In the case of cars, station wagons and similar vehicles, shall be presumed right to the minimum value of the benefit shall be 20%.

The minimum value of the benefit calculated according to the previous rules, may lower sums actually paid that correspond to the period by use or enjoyment of the property, applying to the difference taxation established in this third paragraph.
For taxpayers engaged in activities in rural areas, will not apply the tax established in this third subsection, 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 or company that owns and the benefit for such use shall be calculated according to the preceding rules.

When the use or enjoyment of a very good, being granted simultaneously to more than one partner 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 proportion to the number of shares holding or their participation in the profits of the company or respective society. 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 the tax. The amounts referred to in this paragraph, shall not be deducted in the company or respective society, of the quantities that are affected Global complementary or additional taxes in accordance with the provisions of article 14.

IV) in the event that any property of the company or society is delivered in guarantee obligations, direct or indirect, of the owner, partner or shareholder, and this was executed by the total or partial payment of such obligations, the taxation of this subsection shall apply to the owner, 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 or on which normally be collected or would charge in the conventions of similar nature, considering the circumstances in which is performed the operation, in accordance with article 64 of the tax code.

The amounts referred to in this paragraph, shall not be deducted in the company or respective society, of the quantities that are affected Global complementary or additional taxes in accordance with the provisions of article 14.

For the purposes of taxation established in the preceding paragraph, shall be deemed that the loan has been made, the benefit is conferred or obligations have been guaranteed to the owner, partner or shareholder, as the case, where these quantities are as debtor of the loan, recipient or subject whose debts have been guaranteed, their respective spouses, children not legally emancipated , or well, any person related to those in the terms of Article 100a, of law No. 18,045 on the stock market, and the final beneficiary of the loans and guarantees is known to the owner, partner or respective shareholder. "."

((9) amending article 31, in the following way: to) replaced in the first paragraph, the expression "first paragraph" with the third subsection "(literal iii)".

(b) Agreganse in the number 9, the following paragraphs third, fourth, fifth and sixth: "when at the time of the merger of companies, including within this concept the meeting of all rights or shares in a company in the hands of one person, the value of total investment in the rights or shares of the merged company is greater than the total or proportional value, as appropriate, which is the capital of the company being acquired, determined according to article 41 of this law, the difference that occurs should be, firstly, distributed among all the non-monetary assets that are received during the merger tax value is less than the current Plaza. The distribution shall be in the proportion that represents the current value in the square of each of these assets over the total of them, increasing the tax value of these up to concurrence of their current value in square or which is normally charged or would charge in the conventions of similar nature, considering the circumstances in which the operation is performed. Survive the difference or a part thereof, it shall be regarded as 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.

The taxpayer puts an end to the giro's activities, that part of the deferred expenditure whose deduction is pending, shall be deducted fully in the exercise of the end of turn. The value of acquisition of rights or shares referred to in the preceding paragraph, to determine the above difference, should reset according to the percentage of change in the price index the consumer between the month prior to the acquisition of the same and the previous month the the balance sheet for the year previous to the one in which fusion occurs.

For the purposes of the deduction, deferred spending that has occurred during the year, will reset according to the percentage of variation experienced by the index of prices to the consumer in the period between the previous month that the merger of the respective society occurred and the last day of the month prior to the balance sheet. Moreover, the balance of deferred by deduction in the following exercises, spending 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 accordance with article 64 of the tax code, the service may price founded the asset values determined by the taxpayer in case resulting be markedly superior to the currents in square or which is normally collected or would charge in the conventions of similar nature, considering the circumstances in which the operation is performed. The difference determined by virtue of the aforementioned pricing, will be regarded as part of the deferred expenditure which must be deducted in the period of 10 years already designated. "."

((10) replaced into the letter f), number 1, article 33, the expression "first paragraph", with the following: "(literal iii) of the third paragraph".

(11) replaced in number 2 of article 34, sixth subparagraph by the following: "after applying the rules of the preceding subparagraphs, taxpayers with annual sales not exceeding 500 annual tax units, whatever ore, may continue subject to the system of presumed income." To determine the limit of sales referred to in this subparagraph shall apply the rules of third and fourth subparagraphs of this number, but only computing the proportion of annual sales, in which the taxpayer participates in capital, revenues or profits of such communities or societies for such purposes. "."

((12) amended article 34 bis, in the following way: to) the 2nd number, be replaced by the following: "2nd.-presumed right to the liquid, taxable income of taxpayers who are not corporations or stock for shares, and that they exploit any title in land passenger transport, motor vehicle is equivalent to 10% of the current value in square of each vehicle as 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 newspaper that has.

To qualify for the system of presumptive income these taxpayers must be integrated solely by natural persons.

The tax regime referred to in this issue, does not apply to taxpayers who obtain incomes of first category by which to declare tax effective income according to full accounting.

Only taxpayers whose income for services of passenger transport at the end of the year does not exceed 3,000 monthly tax units may benefit from the arrangements of presumption of income referred to in this issue. To establish whether the taxpayer complies with this limit, you must join invoiced services total services billed by societies or communities that are related and that activities of transport of passengers. If to carry out the described operations the result exceeds this limit, both the taxpayer and societies or communities with which it is linked shall determine the tax in this category on the basis of effective income according to full accounting.

If a natural person is related to one or more communities or societies that exploit vehicles as passenger carriers, to establish whether these communities or societies exceeding the limit referred to in the preceding subsection, must add the total of services billed by societies or communities with whom the person is related. Whether to perform the operation described the result exceeds this limit, all societies or communities with whom the person is related must pay the tax in this category on the basis of effective income determined according to full accounting.
The taxpayer who is compelled to testify their effective incomes according to complete accounting, by application of the preceding subparagraphs, it will be from 1 January of the year following that in which the requirements there mentioned and may not return to alleged income regime, unless you develop activities as a carrier of passengers for five consecutive years or more case in which must be to the General rules laid down in this issue to determine whether it applies or not the regime of presumptive income. For the purposes of computing the period of five years shall be deemed that the taxpayer carries out activities as carrier of passengers when it leases or cede in any way the enjoyment of vehicles whose ownership or usufruct retains.

Persons or communities that take in lease or that another mere holding title to exploit motor vehicle passengers, taxpayers who must file returns in accordance with the provisions in number 1 of this article, shall be subject to the same regime.

If after applying the above rules taxpayers whose annual income by land passenger transport services not exceeding 1,000 monthly tax units, may continue subject to the system of presumed income. To determine the limit of income referred to in this subparagraph shall apply the rules of paragraphs fourth and fifth of this number, but only computing the proportion of annual income when the taxpayer participates in capital, revenues or profits of such communities or societies for such purposes.

Without prejudice to the provisions in the preceding subparagraphs, the taxpayers of this number may choose to pay the tax in this category by effective income on the basis of full accounting. Once exercised this option not may rejoin the system of presumption of income. The exercise of the option must be practised within the first two months of each business year, understanding in consequence that the incomes obtained as of this year will be taxed in accordance with the effective income regime.

For the purposes of this issue the concept of person related to a society means in the terms laid down in article 20, number 1, letter b).

The taxpayer who is obliged to file your taxes on effective income effect of relationship standards shall notify, by registered letter, all its community members or partners in the communities or societies that is related. Societies or communities who receive this communication must, in turn, inform with the same procedure all taxpayers having more than 10% in them. "."

(b) replace the number 3 °, by the following: "3°.-it is presumed of law which the liquid taxable income taxpayers, who are not corporations or stock by actions that exploit any title motor in the road freight transport vehicle outside, is equivalent to 10% of the current value in each vehicle and their respective trailer, trailer or similar truck plaza as determined by the Director of the internal revenue service to January 1 of the year that should declare the tax, by decision which shall be published in the official journal or in another national newspaper that has.

To qualify for this system of presumptive income, taxpayers will be subject to the same rules laid down in the preceding number, with the following modifications: i. the taxpayer who is compelled to testify their effective incomes according to complete accounting will not be allowed to the regime's alleged income, except in the case of the taxpayer who has not developed activities as land freight carrier employed for five consecutive years or more case in which must be to the General rules laid down in the previous number to determine if it applies or not the regime of presumptive income.

II. only be entitled to the rule of presumption of income taxpayers whose income by foreign freight transport services billed at the end of the year does not exceed 3,000 monthly tax units. To set this limit, the taxpayer must add to invoiced services total services billed by societies or communities that are related and that activities of foreign freight transport. If to carry out the described operations the result exceeds this limit, both the taxpayer and societies or communities with which it is linked shall determine the tax in this category on the basis of effective income according to full accounting.

III. If a natural person is related to one or more communities or societies that exploit vehicles such as freight forwarders outside, to establish whether these communities or companies exceed the limit mentioned must be added total services billed by societies or communities with whom the person is linked in the same terms laid down in the fifth paragraph of the previous number.

IV. If after applying the above rules taxpayers whose annual income by foreign freight transport services do not exceed 1,000 monthly tax units, may continue subject to the system of presumed income. (To determine the limit of income referred to in this literal shall apply the literal ii standards) and iii) on this issue, but only to computing the proportion in which the taxpayer participates in capital, revenues or profits of such communities or societies for such purposes.

v. People who take in lease or that another mere holding title to exploit motor vehicles of freight transport employment, of taxpayers who must file returns in accordance with the provisions in number 1 of this article, shall be subject to the same regime. "."

(13) be replaced with article 37, the number "38", the expression "41 E".

(14) replace article 38, with the following: "article 38.-the income of agencies, branches or other permanent establishments of foreign companies operating in Chile, will be determined on the basis of the results obtained by these in their management at home and abroad that they are attributed according to the provisions of this article." For the purposes of determining the results attributable to the permanent establishment, shall be considered only those incomes resulting from activities carried out by this, or goods which have been assigned to the permanent establishment or used by it, and it shall apply, as appropriate, the provisions of articles 12, 41 A, 41 B and 41 C, in the latter case , when it would have been from your application have been obtained pensions for persons domiciled or resident in Chile of a country with which there is an agreement to avoid double international taxation current, which has committed the granting of a credit for the income tax paid in the respective Contracting States. Without limiting the foregoing, taxpayers referred to in this article shall determine the referrals results of the permanent establishment concerned on the basis of a balance sheet according to full accounting, considering it as if it were a company completely separate and independent of its parent company, both with respect to the operations carried out with her; with other permanent establishments of the same matrix; with companies related to those in the terms of article 41 E, or independent third parties. To carry out adjustments to the results of the permanent establishment in order to adapt them to the provisions of this article, when it is coming, both the taxpayer and the service must be as provided in article 41 and as applicable.

Without prejudice to the provisions of article 35, when the accounting elements of these permanent establishments do not allow for establishing your effective income service may determine affects income, applying to the gross income of the permanent establishment the proportion who keep each other total liquid income of the parent and gross revenues, determined all these items in accordance with the rules of this law. You can, also, set affects income, applying to the asset of the permanent establishment, the existing ratio between the total liquid income of the parent company and the total assets of this.

It shall apply to the allocation of assets of any kind, personal or incorporeal, made from abroad by the matrix to a permanent establishment in the country, or from this to its foreign parent company or another permanent establishment located in Chile or abroad, the provisions of the third subparagraph of article 64 of the tax code. As regards the allocation of shares or social rights in societies formed in the country carried out from abroad by the matrix to a permanent establishment in the country, service will lack the Faculty of price provided that such assignment obey a legitimate business reason, not originate an effective flow of money to the matrix and is carried out and recorded in the permanent establishment to the accounting or tax value in which the assets were registered in it."

((15) amending article 41, in the following sense: to) replace the number 9, the first paragraph by the following:
"9 °. Rights in societies of people will reset according to the variations of the price index to the consumer, in the same way indicated in the previous issue. "."

(b) Eliminanse your last three paragraphs.

((16) amending paragraph 6, title II, in the following manner: to) delete in the heading of the title, the "double" expression.

((b) added in the letter '' D-common rules. '' article 41 A, from the entry into force of paragraph 21), of this article, which incorporates a new article 55 ter to the law on tax on income, the next number 7: "7.-may not be subject to refund to any taxpayer pursuant to articles 31, issue 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. "."

(c) delete the second paragraph of number 3 of article 41 B, starting with "As" and ends with "in Chile.".

(d) replace in article 41 C, final paragraph, the expression "and 6" then the number 5, by ", 6 and 7".

(e) add, then article 41 D, the following article 41 E, new, from the date of publication of this law in the official journal: "article 41 E.-for the purposes of this Act, the service can challenge fixed prices, values or returns, or set them if you have not set any, when cross-border operations and those that take into account the reorganization or restructuring or business that resident taxpayers" , or resident or established in Chile, carried out with related foreign parties and don't they made prices, values or normal market yields.

The provisions of this article shall apply regarding the reorganization or restructuring or business mentioned whenever in the judgment of the service by virtue of them, there has been any title or any title, moved from Chile to a country or territory from those included in the list referred to in paragraph 2, of article 41 D of goods or services subject to generate income taxed in the country and deemed that having transferred goods, transferred right, concluded the contracts developed activities between independent parties, would have agreed a price, value or normal market return or set would be different to that established parties, for whose effects must apply the methods referred to in this article.

Prices, values or normal yields mean market which have or would have agreed or obtained independent operations and comparable circumstances parties, whereas for example, the characteristics of the relevant markets, the functions assumed by the parties, the specific characteristics of the goods or services purchased and any other reasonably relevant circumstances. When such transactions not made their prices, values or normal market returns, the service can challenge them founded, pursuant to this article.

1. rules of relationship.

For the purposes of this article, the Parties shall be considered related when: a) one of them participate directly or indirectly in the direction, control, capital, utilities or other income, or b) the same person or persons participate directly or indirectly in the address, control, capital, profits or income of the parties, meaning all of them are interrelated.

Are considered to be parts related to an agency, branch, or any other form of permanent establishment with its parent; with other permanent establishments of the same parent; with related parties of the latter and those permanent establishments.

That relationship exists when the operations are carried out with parties residing, domiciled, established or incorporated in a country or territory included in the list referred to in paragraph 2 of article 41 D, unless that country or territory with Chile subscribe an agreement allowing the exchange of information relevant to the effects of the tax provisions will also be deemed It is effective.

Natural people understand, when between them are spouses or there is kinship by consanguinity or affinity to the fourth degree inclusive.

He is considered equally, relationship between the parties when a part carry out one or more transactions with a third party who, in turn, carry out, directly or indirectly, with a related of that part, one or more operations similar or identical to them that they made with the first, whatever the quality in which the third parties involved in such operations.

2. transfer pricing methods.

The service, for the purposes of contest respective prices, values or returns, in accordance with this article must quote the taxpayer in accordance with article 63 of the tax code, provide all the background information which will serve to verify that its operations with related parties were made at prices, values or considering normal returns of market, according to one of the following methods (: a) Comparable uncontrolled price method: is the one who is to determine the price or normal market value of the goods or services, whereas you have or would have agreed independent operations and comparable circumstances parties;

b) resale price method: consists of determining the price or normal market value of the goods or services, whereas the price or value to such goods or services are later resold or provided by the acquirer to independent parties. For these purposes, shall deduct from the price or value of resale or provision, apart from gross profit that has or would have obtained through a dealer or lender in operations and comparable circumstances between independent parties. The gross profit margin will be determined by dividing the gross profit by sales of goods or services in transactions between independent parties. Moreover, the gross profit is determined by deducting the revenue for sales or services in transactions between independent parties, sales of the good or service costs;

(c) method of cost more margin: consists of determining the price or normal market value of goods and services that a supplier is transferred to a related party, starting from adding to the direct and indirect production costs excluding overheads or other operational in nature, incurred by such provider, a profit margin on those costs that has or would have obtained between parties in comparable circumstances and operations. The margin of utility costs will be determined by dividing the gross profit from operations between independent parties to the respective cost of sale or provision of services. Moreover, the gross profit is determined by deducing incomes obtained from operations between independent parties, direct and indirect production, processing and manufacturing, and similar costs, excluding overheads or other operational in nature;

d) Utilities Division method: consists of determining the utility that corresponds to each part in the respective operations, through the distribution among them of the total sum of the profits obtained in such operations. For these purposes, will be distributed among the parties that total utility, on the basis of the distribution of utilities that have or would have agreed or obtained independent operations and comparable circumstances parties;

e) transactional net margin method: consists of determining the net margin of profits which corresponds to each of the parties to the transactions or operations concerned, on the basis that would have obtained independent operations and comparable circumstances parties. Operational indicators of profitability or margins based on the performance of assets, margin costs or income by sales, or others that are reasonable, and f will be used for this purpose) residual methods: when met the characteristics and circumstances of the case it's not possible to apply one of the methods mentioned above, the taxpayer may determine the prices or values of their operations using other methods that reasonably to determine or estimate the prices or normal market values that have or they would have agreed to independent operations and comparable circumstances parties. In such cases qualified taxpayer must demonstrate that the characteristics and special circumstances of the operations do not allow applying the preceding methods.

The taxpayer shall employ the most appropriate method considering the characteristics and circumstances of the case in particular. For these purposes, the advantages and disadvantages of each method; be taken into consideration the applicability of methods in relation to the type of operations and the circumstances of the case; the availability of relevant information; the existence of comparable transactions and ranges and comparability adjustments.

3 studies or reports of transfer pricing.

Taxpayers may join a study of transfer pricing who aware of the determination of prices, assets and profitability of their operations with related parties.
The application of the methods or presentation of studies referred to in this article is without prejudice to the obligation of the taxpayer keep available to service all of the background under which have applied such methods or made such studies, that pursuant to articles 59 et seq. of the tax code. The service may require information to foreign authorities with regard to operations that are controlled by transfer pricing.

4. transfer pricing adjustments. If the taxpayer, according to the service, fails to prove that the transactions with its related parties have been made to prices, values or normal market returns, the latter will determine founded, for the purposes of this Act, such prices, values or returns, using the evidence provided by the taxpayer and any other data available, including those that have been obtained from abroad and must apply for such effects already mentioned methods.

Determined by the service prices, values or normal returns of market for the operations in question, shall be the liquidation of taxes or the respective settings, and the determination of the interest and penalties that apply, especially considering the following: when under the adjustments of prices, values or returns referred to in this article , determine a difference, this amount will be affected in the exercise to match, only the first paragraph of article 21 sole tax.

In cases in which the first paragraph of article 21 sole tax is settled, applies in addition a fine equivalent to 5% of the amount of the difference, unless the taxpayer has met properly and timely delivery of the background required by the service during the audit. Service shall be established by circular the minimum background to be provided so that the fine is not appropriate.

5.-claim.

The taxpayer may claim of the liquidation that are fixed prices, allocated to the operations in question values or returns and determined taxes, interest and penalties applied, according to the general procedure established in Book III of the tax code.

6 statement.

Taxpayers domiciled, resident or established in Chile performing transactions with related parties, including the reorganization or restructuring referred to in this article, shall annually submit a declaration with the information required by the service, in the form and term this established by resolution. Declaration, the service may request, among other background, that taxpayers provide information about the characteristics of their operations both with parties such as non-free, the methods applied for the determination of the prices or values of such operations, their party information related on the outside, as well as general information of the business group to which it belongs, being understood as that defined in article 96 of law N ° 18,045 , on the stock market. 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 by the 1st number of article 165, of the tax code. If the statement submitted pursuant to this number were maliciously false, he shall be punished pursuant to 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), article 59 of the tax code.

7. prospective agreements.

Taxpayers performing transactions with related parties may propose an agreement anticipated in terms of determining the price, value or normal market of such operations return to service. For these purposes, in the form and opportunity that sets the service through resolution, interested taxpayers must submit an application with a description of respective operations, their prices, values or normal market yields and the period that should understand the agreement, accompanied by documentation or records on which it is based and of a report or study of transfer pricing has been applied to such operations methods referred to in this article. The service, by means of resolution, can refuse at its sole discretion, advance agreement request, which will not be claimable, or permitted recourse. In the event that the service accept totally or partially the request of the taxpayer, shall be recorded of the agreement in advance on a record, which will be signed by the service and a representative of the taxpayer expressly authorised for this purpose, having recorded therein the background on which it is founded. The service can sign advance agreements which involve also other tax administrations for the purposes of advance determined price, value or normal profitability of market of the respective operations. For the importation of goods, the agreement should be signed in conjunction with the national customs service. The Ministry of Finance shall establish by resolution procedure through which both institutions will resolve on the matter.

The prospective agreement, once signed the Act, applies with respect to the operations carried out by the applicant from the same commercial of the application year and the following three years commercial, and can be extended or renewed, prior written agreement signed by the taxpayer, the service and, where applicable, by other u other tax administrations.

The service shall be dealt with respect to the request of the taxpayer either attending the signing of the corresponding act or rejecting it by resolution, within the term of six months counted from the taxpayer has delivered or placed at the disposal of that service all of history as it deems necessary to resolve it. In the event that service not taken a decision within the time limit, shall be rejected the request of the taxpayer, and this return to propose the signing of the agreement. For the purposes of the computation of the time limit, shall be recorded of the delivery or provision referred in a certification of the head of the office of the service to meet the request.

The service may, at any time, rescind the anticipated agreement when the request of the taxpayer is based on erroneous, maliciously false background, or have varied substantially background or essential circumstances that were in sight at the time of your subscription, extension or renewal. The resolution given leaving without effect the prospective agreement, shall be based on the erroneous character of the background, its malicious falsehood or the substantial variation of background or essential circumstances under which the service accepted the request for advance agreement, pointing out how they are maliciously false, erroneous or have varied substantially as appropriate, and detailing history that have been in sight for this purpose. Resolution that leaves without effect the prospective agreement, govern its notification to the taxpayer, unless melts in the maliciously false nature of the background to the application, case in which will be left without effect from the date of signing of the original Act or their renewals or extensions, whereas the chance that such records have been invoked by the taxpayer. In addition, the resolution shall be communicated, when appropriate, to the other tax administrations respective. This resolution will not be claimable or proceed to its respect any resource, this without prejudice to the claim or resources that apply regarding resolutions, liquidations or turns of tax, interest and fines issued or applied by the service resulting from have been left without effect the advance agreement. Furthermore, the taxpayer may make void advance agreement that is signed when they have varied substantially background or essential circumstances that were in sight at the time of your subscription, extension or renewal. For these purposes, you should express your desire in this regard by notice in writing to the service, as this set by resolution, so that the referred agreement void from the date of the notice, and can service exercise with respect to the operations of the taxpayer all of the powers which the law gives.
The presentation of maliciously false history in a request for advance agreement that has been accepted total or partially by the service, shall be punished as provided by subsection first, number 4 ° of article 97 of the tax code.

Once signed the advance agreement Act, or its extensions or renewals, and while they are in force according to the designated above, the service may not realise taxpayers referred to, differences in taxes for prices of transfers covered in it, operations whenever prices, values or returns have been established or declared by the taxpayer pursuant to the terms provided for in the agreement.

The records of prospective agreements and the background under which have been signed, will be covered by the duty of secrecy referred to in article 35 of the tax code. Taxpayers authorizing the publication of the criteria, economic, financial, commercial, reasons among others, and methods which were signed the agreements anticipated under this number, service must be in this case evidence of the authorization in the corresponding Act, will be included if they allow it, as the agreement is effective on a public payroll of socially responsible taxpayers that will keep this service. Even though they have not authorized to be included in the previous list, shall not apply with respect to them, criminal interest and fine some infringements and differences in taxes to be determined during such term, except in the case of offences that can be punished with corporal punishment, case in which are to be excluded immediately designated payroll. The foregoing is without prejudice to the duty of the taxpayer of remedying offences committed within the time that the service, which may not be less than 30 days from the notification of the infringement; or declare and pay certain taxes, and differences without prejudice to its right to claim of such proceedings, as the case may be. When the taxpayer had not remedied the violation and/or declared and paid the respective tax within the time limits that apply, except that you have deducted claim with respect to such offences, liquidations, or turns, service will turn without any further formality criminal interests and fines which had originally not been. In case of claim have been deducted, shall be designated giro when it has not been welcomed by enforceable judgement or the taxpayer has withdrawn from it.

8 setting.

Taxpayers may, prior authorization service both with respect to the nature and the amount of the adjustment, correct price, value or profitability of the operations carried out with related parties, on the basis of the adjustment of transfer pricing that have made other States with which is effective a Convention to avoid double international taxation which does not prohibit such adjustment , and with respect to which no has been deducted, nor are earrings, deadlines to deduct resources or judicial or administrative actions. However, when such resources or actions, has been deducted the taxpayer may qualify under this number insofar the adjustment should be considered final under the respective court ruling or administrative decision. For these purposes, the service shall be applied with respect to operations concerning rectification, in the designated form, methods referred to in this article. The request for rectification must be presented in the form fixed by the service through resolution, accompanied by all the documents therefor, including copy of the instrument who aware of the adjustment that is practiced by the other State, and within the period of 5 years from the expiry of the legal period in which must declare in the country results from operations whose prices values or returns is intended to rectify. Service must refuse totally or partially the correction requested by the taxpayer, when the transfer pricing adjustment carried out by another State is deemed incompatible with the provisions of this law, unless in this case appropriate judicial or administrative recourse.

When on the occasion of this setting proves a difference of taxes in favour of the taxpayer, for the purpose of their return, this will reset according to the percentage of variation that have experienced price index to the consumer in the period between the month prior to the payment of the tax and the month prior to the date of the resolution mandating its return. "."

((17) Introducense the following changes effective January 1, 2013, with regard to tax only of second category and complementary Global that tax revenues received or accrued as appropriate, from the date: to) replace the scale of rates established in paragraph first, number 1, article 43, by the following: "the incomes that do not exceed 13.5 monthly tax units they will be exempt from this tax.

On 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 exceeding 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, 35.5%; and, on the part exceeding 150 monthly tax units, 40%. "."

(b) replace the scale of rates contained in article 52, by the following: "income that does 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 exceeding 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, 35.5%; and the part that exceeds the 150 annual tax units, 40% on. "."

(18) replaced article 47, from 1 January 2012, and by perceived income starting from the marketing year 2012, by the following: "article 47.-the taxpayers of number 1, article 42, which during a calendar year or in a part of the obtained income from more than one employer, employer or payer at the same time, must reliquidar tax number 1" , article 43, applied to the total of its taxable incomes, the scale of fees that will result in annual values, according to the tax unit of the month of December and loans and other elements of the tax calculation.

These taxpayers may make interim payments on account of the differences to be determined in the reassessment, which must be declared annually in accordance with the number 5, of article 65.

The other taxpayers of number 1 of article 43, which are not obligated to reliquidar said the tribute in accordance with the first subsection, nor to annually declare complementary Global tax have not obtained other income taxed with the referred tax, they may carry out an annual reassessment of the tax withheld during the year, by applying the same procedure described above.

For the implementation of the provisions in the preceding subparagraphs, the taxable incomes will reset according to the penultimate paragraph of article 54 and the taxes withheld according to article 75.

The amount to be refunded resulting from the reassessment referred to in the preceding subparagraphs, reset in the way established in article 97 and will be returned by the service of treasuries, in the term that designates that provision.

It empowers the President of the Republic to exempt taxpayers cited in the annual statement, replacing it with a system that allows the retention of the tax on the amount corresponding to the perceived income set. "."

((19) amending article 54, in the following way: to) replace the third subparagraph, the number 1 °, with the following: "(Las cantidades a que se refieren los literales i) IV), of the third paragraph, in article 21, in form and opportunity that this rule set, by taxing the tax of this title which will apply increased by an amount equivalent to 10% on the above-mentioned items.".

(b) delete in the sixth paragraph of the number 1, the expression "and rents fixed pursuant to the provisions of articles 35, 36, second paragraph, 38, with the exception of its first subparagraph, 70 and 71", and include the word "alleged" then the expression "total income".

(c) disposed of in the eighth paragraph of number 1 °, the phrase "and in the penultimate paragraph of article 41".
(d) amending the third subsection, of the 3rd number, replacing the expression "However, in the case", with the word "Being"; and by deleting after the first comma (,), the word "only", and the expression ", except in the event that revenues contained in articles 43, N ° 1 and 52 differ in the tax-exempt quota, fees or sections of income considered proportionally, in the relevant tax year".

(e) replace paragraph fifth number 3 °, the expression "referred to in subsection first", by: "(refieren los literales i) IV), in the third paragraph".

20) amended article 55, in the following way: to) delete in the letter to), the expression "first category tax paid, in the quantities declared in the global gross income, and the".

(b) in the second paragraph the expression "the indicated deductions", by "the deduction indicated" replaced.

(21) merge, effective January 1, 2013, for taxes which must be declared and paid since that date, the following article 55 ter: "article 55 ter-taxpayers individuals, encumbered with this tax, or with the provisions of article 43, number 1, they may charge annually as credit against such taxes, the amount of 4.4 units of development for each child" , according to their value at the end of the year. This credit is given in attention to payments to institutions of learning pre school, basic, differential and media, recognized by the State, by concept of registration and tuition of their children, and also by payments of shares of parent centers, transportation school particular and other charges of a similar nature and directly related to the education of their children. Referral credit will be applied in accordance with the rules of following subparagraphs.

Only proceed the credit with respect to children not older than 25 years, that have the registration certificate issued by one of the institutions referred to in the preceding paragraph and which exhibit a minimum of 85% attendance, unless justified impediment, or cases of force majeure, all requirements, which shall be specified in a regulation of the Ministry of education.

The annual sum of the total incomes of the father and of the mother, they are or not taxed with these taxes, shall not exceed 792 annual promotion units, according to the value of this at the end of the year.

For the purposes of the application of the provisions of this article, taxpayers taxed with the tax established in no. 1 of article 43, shall carry out an annual reassessment of the tax withheld during the year. To the reliquidar they shall apply the scale of fees that will result in annual values, according to the tax unit of the month of December and loans and other elements of the tax calculation.

For the implementation of the provisions of the preceding paragraph, incomes will reset in accordance with provisions in the penultimate paragraph of article 54 and the taxes withheld according to article 75. For its part, 4.4 units of building credit amount will be considered according to the value of the company at the end of the corresponding fiscal year.

When on the occasion of the attribution of credit established in this article appropriate return all or part of the taxes withheld or interim payments made by the taxpayer, refund resulting from the reassessment referred to in the previous fifth paragraph, will be reset in the form provided for in article 97 and is returned by the service of treasuries , in the term that designates that provision. If the amount of the credit established in this article exceeds the designated taxes, such surplus not may attributed to any other tax or to request their return.

Pre school, basic, differential education institutions and a half, and taxpayers who charged this credit, must provide to the service information and relevant documentation to demonstrate compliance with the requirements, by media, form and time limits to such service established by resolution. "."

(22) added in the third paragraph of article 56, after the expression "with regard to the amounts effectively taxed in the first category", the expression "or indicated in no. 2 of this article, for the quantities referred to in the third subparagraph of N ° 3 of article 54".

(23) added in the first paragraph of article 57, then the expression "corporations", the following: "or rights in societies of people".

24) amended article 58, in the following way: to) Introducense No. 1), the following amendments: i) delete the expression "foreign" following after the word "natural".

(ii) replace the expression "from Chilean source", by "attributable to these".

b) Eliminanse in the numeral 2), paragraphs third and fourth, from the date of publication of this law in the official journal.

((c) add, at the date of publication of this law in the official journal, the following number 3): "3) will also pay the tax from this article, as the only contributing non-residents or domiciled in the country, which alienated the actions, fees, titles or rights referred to in the third subparagraph of article 10." The taxable income, at the choice of the seller, shall be: (a) the amount resulting from applying, to the price or value of alienation of shares, shares, titles or alienated foreign rights, reduced by the acquisition cost that they have the alienating, the proportion that represents the current value in square or which is normally charged or would charge in the conventions of a similar nature (, considering the circumstances that is done the operation, of the underlying assets referred to in the literal (i), (ii) and (iii) the letter a), third paragraph, article 10 and in the proportion in which they are indirectly acquired at the time of the alienation in outdoors on the price or value of alienation of the referred shares shares, securities or foreign rights; ((b) the proportion of the price or value of alienation of shares, shares, titles or foreign rights, representing the current value in square or those who are normally charged or would charge in the conventions of similar nature, considering the circumstances that is done the operation, of the underlying assets referred to in the literal (i), (ii) and (iii) the letter to) the third paragraph of article 10 and the corresponding proportion in that they are indirectly acquired at the time of the alienation that occurred abroad, the price or value of alienation of the referred shares, quotas, titles or foreign rights, lowered the tax cost of the underlying assets located in Chile of the foreign owners direct from them and that they acquire indirectly on the occasion of the appropriate disposition.

The tax cost of the underlying assets in Chile, shall be that which would have corresponded to apply under Chilean law, if they had alienated directly. In the case of an agency or other permanent establishment referred to in the literal (ii) Letter to), of the third paragraph of article 10, the tax cost will correspond to equity determined according to balance sheet at 31 December of the year prior to the sale, discounted earnings or amounts outstanding of withdrawal or distribution from the Agency.

When not reliably certifying the acquisition value of the referred shares, quotas, titles or rights, that is alienating foreign service will determine the taxable income with taxes in Chile under the letter (b) precedent with information that held her, lost choice set forth above. When the above indicated values are expressed in a foreign currency will they be converted to national currency according to its equivalent at the date of disposal, whereas for this purpose the provisions in number 1, letter D, of article 41 A.

This tax must be declared and paid by the seller not domiciled or resident in the country, on an accrual basis, in accordance with the provisions of articles 65, no. 1, to 69 of this law. Income referred to in article 10 may be, in the view of the taxpayer, considered as sporadic for the purposes of the provisions of article 69 N ° 3. Shall not apply the provisions of this subsection, where tax has been withheld in its entirety by the purchaser pursuant to number 4, of article 74.

In the event that the tax is not declared and paid pursuant to above, service, with a history that held his power and previous summons, may liquidate and turn the tribute owed to the acquirer of shares, shares, titles or rights issued by the company or foreign entity.

The service may require to the alienating, its representative in Chile or the company, entity established in the country or to the purchaser, a statement in the form and term established by resolution, which will review the price or value of alienation of the titles, rights, quotas or shares, and current value in square of the underlying assets in Chile to third article 10 referred as well as any other background required for the purposes of the determination of the tax from this number.
With everything, the seller or the purchaser, in its case, may, in lieu of the tax established in this issue, opt to receive taxable income determined in accordance with the preceding rules, the regime of taxation which would have corresponded to apply have been alienated directly the underlying assets located in Chile referred to the literal (i), (ii) and (iii) the letter to) , in the third paragraph of article 10, which caused the income taxed, by application of the third paragraph of the same article. This alternative applies whereas standards and requirements and conditions that would have been applicable to the transfer by the direct holder of such property, including the application of the tax as the only, or the existence of an income no income that might contemplate the Chilean tax legislation at the time of the disposition of foreign. "." 25) added in the paragraph of article 59, after the expression "Intellectual property", the first and before the followed point coming after it, the following expression: ", unless the amounts are paid or paid account by the use of computer programs standard, understanding as such those that the rights being transferred are limited to those necessary to enable the use of the same ", and no commercial exploitation, or its reproduction or modification for any other purpose that is not enabled for use, in which case it shall be exempt from this tax".

(26) delete paragraph first of article 60, the word "foreign".

(27) article 61 to be repealed.

((28) amending article 62, in the following way: to) replace in the first paragraph, the expression "articles 60 and 61", "article 60".

(b) replace the fourth subparagraph by the following: "(Se incluirán las cantidades a que se refieren los literales i) IV), of the third subparagraph, of article 21, in form and opportunity that this rule set, taxing tax of this title, which shall apply increased by an amount equivalent to 10% on above headings.".

(c) change the fifth paragraph, replacing the expression "of articles 60, first paragraph, and 61", "of article 60, first paragraph"; by deleting the expression "first category tax and"; and substituting the expression "paid, including", for "paid, including".

(d) removed in the eighth paragraph, the phrase "and in the penultimate paragraph of article 41".

(29) replaced in article 63, then the Figure 58, the expression ", 60 first paragraph and 61" by "and 60 first subparagraph".

(30) replaced in number 5 of article 64 ter, the "38" by the expression "41 E" figure.

((((31) amending article 65, follows: a) replaced in the number 3, the expression "of ten units tax per year", "of the limit on free referred to in article 52", b) replaced the number 4 °, the expression "articles 60 first paragraph and 61", "article 60, first paragraph", and c) changed the number 5 °, adding then the expression "contributors to article 47 , ", the following expressions:"subsection first and third, although in the latter case, shall not be required, but it may choose to reliquidar, annually presenting the affidavit of their incomes";" and by deleting the expression "unless the tax has reliquidado monthly in accordance with the final subparagraph of article".

(32) replaced the number 4 ° of article 74, by the following: "4.-taxpayers who remesen abroad, remove, distribute, 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, with the right to credit established in article 63.

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.

However, retention may not occur if the retirement beneficiary declares the taxpayer forced to retain it to host under the letter c) Letter A number 1) of article 14. The service will determine the form, term and requirements that must comply with the aforementioned Declaration, as well as the announcement that the host society of the reinvestment must give that service both removal source society. In this case, if within the time limits set above standard are not given compliance requirements established by that provision, the company which has made the removal or remittance will be responsible for the entire of retention concerning this issue, within 12 days of the month following that in which this period expires without prejudice to their right to repeat against the taxpayer that it effected removal or remittance, is charged to earnings or other credit partner have against society.

For the consignment, withdrawal, distribution or payment of utilities or distributed or withdrawn quantities referred to in article 14 bis and amounts determined according to article 14 ter, retention shall be carried out with rate of 35%, with deduction of credit established in article 63, when appropriate.

If the deduction of credit established in article 63 it appears improper, totally or partially, the company must pay to the Treasury, on behalf of the taxpayer of additional tax, the difference of tax to be guided to the have been deducted wrongly credit, without prejudice to the right of society to repeat against him. This amount shall be paid in the annual income statement should present 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.

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), c), d), e), h) and j), number 8, article 17.

For operations whose highest values must file returns with the first category tax as the only income, retention shall be effected with the provisional rate of 5% on the total amount to remit, without deduction, unless the greater affection to tax value, be determined case in which such retention shall be made with the first category tax rate above said higher value.

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 a 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 30 days, from the date that the taxpayer has put at the disposal of that all the background required to resolve the request, what shall be recorded in a certification issued by the appropriate 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, it must declare and pay retention within the period of 5 working days from the notification of the favorable decision, case in which means declared and promptly paid the 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 resets interests and relevant fines.
For operations whose highest values must file returns with first class and additional taxes, the retention shall be effected with a provisional rate equal to the difference between the rates of additional taxes and world-class existing at the date of disposal, on the total of the amounts that are 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 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.

In any case, retention may not occur if he 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 preceding subparagraphs, 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 the double international 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), the third subparagraph of article 21, the company or respective society, must be an annual retention of 35% on such sums, which will be declared in accordance with articles 65, N ° 1, 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% on taxable income determined in accordance with point (b) of the number 3) of article 58, withholding that will be declared in accordance with articles 65, N ° 1 and 69. "."

(33) delete in article 75, the expression ", with the exception of the amounts retained by the tax referred to in article 43, N ° 1".

(34) replace paragraph first of article 79, the phrase "amounts referred to in subsection first of article 21, it shall be declared and paid in accordance with the rules laid down in articles 65, no. 1, 69 and 72.", with the following: "(cantidades a que se refieren los literales i) ()(, deel inciso tercero deel artículo 21 y por las rentas a que se refiere el inciso tercero deel artículo 10 y 58 número 3) IV" It shall be declared and paid in accordance with the rules laid down in articles 65, no. 1, 69 and 72. "."

35) amended article 84, in the following way: to) added in the letter e), then the expression "mentioned in that provision", the expression "subject to the system of presumed income".

(b) modify paragraph final, adding then the expression "to 41", the expression ", 41 C"; and replacing the expression "concerns the sixth subparagraph of article 15" by "second subparagraphs refer to the sixth article 15".

((36) disposed of in the paragraph first, number 2), article 107, the expression "of both types of funds",.