LAW NO. 20,455 MODIFIES VARIOUS LEGAL BODIES TO OBTAIN FUNDS FOR THE FINANCING OF THE RECONSTRUCTION OF THE COUNTRY. The rate established in Article 20 of the Law on Income Tax, contained in Article 1 of Decree-Law No 824 of 1974, as follows: (a) 20% (20%) for the income to be collected or payable during the calendar year 2011. b) REPEALED. Article 2.-The following amendments to the Law on Income Tax, contained in Article 1 of Decree Law No 824, 1974: 1), shall be inserted after Article 14b of Article 14c: " Article 14 c.-Taxpayers who are required to declare their effective income according to full accounting for income of Article 20 of this Law, who meet the following requirements, shall be exempt from the First Category Tax in accordance with the Article 40: a) That its total revenue from the rotation does not exceed, in each calendar year, the equivalent of 28,000 monthly tax units. To calculate these amounts, the income of each month will be expressed in monthly tax units according to the value of this in the respective month and the taxpayer will have to add to their income those obtained by their related in the terms established by Articles 20, 1 (b), this law, and 100 (a), (b) and (d) of Law No 18,045, which in the respective year are covered by this Article; (b) Not to possess or exploit, for any title, social rights or shares in companies, not forming part of association agreements or joint accounts, and (c) which at all times its own capital does not exceed the equivalent of 14,000 monthly tax units. Taxpayers shall express their willingness to benefit from the scheme referred to in this Article, at the time of the commencement of activities or at the time of the annual declaration of income tax. In the latter case the exemption shall apply from the calendar year in which the declaration is made. The contributors to this article who cease to comply with any of the requirements referred to in the first subparagraph, which must be communicated to the Internal Revenue Service during the month of January of the calendar year The following shall not apply the exemption provided for in Article 40 (7) from the calendar year in which they cease to comply with those requirements. In such a case, it shall not be possible to return to this exemption, but from the following third calendar year. " 2) Add, in Article 40, following the number 6 °, the following number 7 °: " 7 °.-Taxpayers who satisfy the requirements laid down in Article 14c, by taxable income, deducted the quantities withdrawn, distributed, remeshed or which are to be considered withdrawn under this law, which they determine in accordance with Title II, up to an annual maximum amount equivalent to 1,440 monthly tax units. ' 3) Substitute, in the first indent of Article 42b, the final sentence for the following: " That part of the surplus of free disposal which corresponds to resources originating from agreed deposits, shall be taxed according to the (4) Add the following Article 42c, new: " Article 42c.-The amount of surplus free disposal calculated in accordance with Decree Law No 3,500 of 1980 corresponding to deposits Agreed upon the limit laid down in the third paragraph of Article 20 of the said decree law, may be withdrawn free of tax. However, the profitability generated by these deposits will be taxed according to the general rules. That part of the surplus of free disposal corresponding to resources originating in deposits agreed to amounts lower than the limit referred to in Article 20 of Decree Law No 3,500 of 1980 shall be taxed in accordance with the rules (5) Substitute Article 84 (i) by the following: "(i) Taxpayers who are covered by Articles 14b and 14c of this Law shall make a provisional payment of the rate of 0,25% on the monthly income of their activity." Article 3.-Of the resources mentioned in article 1 of Law No. 13,196, Reserved of the Copper, authorized to integrate general income of the Nation, budget item 50 of the Treasury, three hundred million dollars from the United States from America (US$ 300,000,000), the year 2010, and three hundred million dollars from the United States of America (US$ 300,000,000), the year 2011. The resources obtained in accordance with this authorization shall be used to finance the construction, reconstruction, replacement, refurbishment, restoration or rehabilitation of infrastructure, installations, works and equipment located in the communes, provinces or regions affected by the earthquake and tsunami of 27 February 2010. Article 4.-The following amendments are introduced in Decree Law No. 3,475 of 1980, which contains the Law on the Tax of Timbers and Stampillas: a. Replace, in the first indent of numeral 3), of Article 1 °, the guismos "0,1" and "1,2", by "0,05" and "0,6", respectively; and in the second indent of the same numeral, the "0,5" by "0,25". b. Replace, in the first indent of numeral 2), of Article 2 °, the guarism "0,5" by the guarism "0,25"; in the second indent, the guarism "0,1" by "0,05", and in the third indent, the guitarianism "1,2" by "0,6". c. Replace, in the second indent of Article 3 °, the guismos "0,1" and "1,2", by "0,05" and "0,6" respectively. Article 5.-Introduces in Article 20 of Decree Law No. 3,500 of 1980, which establishes the new Pension System, the following modifications: 1) Replace in the penultimate sentence of the third indent, the comma (,) between the "legal" and "no" words, by the copulative conjunction "and". In turn, replace the sentence at the end of the sentence: "and Article 19 shall apply to them", for the following: " for the part not exceeding an annual maximum amount of 900 promotion units, for each worker. The excess over the amounts indicated will be taxed with the Single Second Category Tax or with the Supplementary Global Tax, as appropriate. The collection of these deposits shall be subject to the provisions of Article 19. The total amount of deposits made by each worker must be reported annually by the Administrators or institutions authorized to the Internal Revenue Service, in the form that the Internal Revenue Service establishes. 2) Add the following fourth, new, and fourth and fifth points, to be fifth and sixth, respectively: " When the deposits referred to in the preceding paragraph have not enjoyed the tax benefit that the establishes and is intended to anticipate or improve the pension, for the purposes of applying the tax set out in Article 43 of the Income Tax Act, the amount that will result from applying to the pension the percentage that in the total of the pension fund represent such deposits. The balance of these deposits will be determined by the Pension Fund Administrators as determined by a general rule of the Superintendency. " Article 6.-The following amendments are made to Decree Law No 828 of 1974 laying down rules for the cultivation, production, marketing and taxation of tobacco: 1. In Article 3, replace the guarism "51" by the "52.6", and replace the word "shield" with the word "weight". 2. Replace Article 4 ° by the following: " Article 4 °.-Cigarette packs, boxes or wrappers shall pay a specific tax equivalent to 0.0000675 monthly tax units for each cigarette they contain; and Tax of 62,3%, which shall be applied on the selling price to the consumer, including taxes, for each package, box or wrapper, considering as an integer any fraction of the tax below a weight. For these purposes, the specific tax must be calculated on the basis of the monthly tax unit in force at the time of the tax determination. " 3. In Article 5, replace the guarism "47.9" with "59.7", and replace the word "shield" with the word "weight". Article 7 °.-Derogase article 7 of Law No. 18.134, which establishes tax, economic and financial rules. Article 8 °.-Introduces, in the decree with force of Law No. 2, of the year 1959, of the Ministry of Finance, on the Housing Plan, the following modifications: 1. Add, in article 1 °, the following points second, third and fourth, passing the current second, third and fourth incissos to be fifth, sixth and seventh, respectively: "To the benefits for the" economic housing " that the present decree provides with force of law, only natural persons will be able to benefit, in respect of a maximum of two new or used dwellings. If they have more than two "economic dwellings", the profits shall only be made in respect of the two of those dwellings which have a previous acquisition date. This limitation shall apply to natural persons who acquire the whole of the real right of dominion over the building or a quota of the domain in conjunction with other community members. The benefits set forth in this decree with force of law may not be used by legal persons, whatever their nature. However, the benefit of the benefit of the corporate and foundation shall be the exemption provided for in Article 16. For the r use of the benefits, franchises and exemptions provided by this decree with force of law, the Notaries and the Conservators of Real Estate must submit to the Internal Revenue Service, in the form and time limit that it determines, the information of all acts and contracts awarded to them or submitted to them for registration, relating to transfers and transmissions of domain of "economic housing". The owners of the "economic dwellings" in the absence of the above shall be the same obligation. ". 2. Delete Articles 8 °, 9 ° and 22. 3. In Article 12, delete the sentence 'point (g) of Article 8 ° and in'. 4. Delete, in the first paragraph of Article 18, the words 'or legal'. 5. Interleave, also in the first paragraph of Article 18, between the comma (,) following the word "title" and the expression "shall enjoy", the phrase "with the limitations set out in Article 1 °", followed by a comma (,). 6. In Article 18, the following second indent shall be inserted: "Economic dwellings" or domain quotas on them which are acquired by natural persons in succession for the purposes of death shall not be considered for the maximum limit established in Article 1 of this Law. " 7. Replace, in the first paragraph of Article 20, the phrase "The benefits established" by "The possibility to benefit from the established benefits", and replace it, the first time it appears in the text, the word "shall govern". 8. Add, also in Article 20, the following final indent: " The purpose of this provision is without prejudice to the fact that, in order to make use of the benefits referred to in the first subparagraph, the duty of information established in the Article 1 (4), fourth indent. '; Article 9 °.-The following amendments are made to the decree with force of Law No. 7, 1980, of the Ministry of Finance, which contains the Organic Law of the Internal Revenue Service: 1) Substitute, in Article 2 °, the expression ", the "by" and his ". (2) Replace Article 3 (a) by the following: " Article 3 (a).-Without prejudice to the territorial jurisdiction of the Regional Directors, the Directorate of Large Contributors shall have jurisdiction over the entire national territory and shall exercise jurisdiction over taxpayers qualified as "Large Taxpayers" by Resolution of the Director, regardless of their domicile. It shall be the responsibility of the Director to provide the instructions necessary to avoid competition disputes which may arise in the application of this Article. The Directorate of Large Contributors will have the rank of Subdirectorate. "3) Reposition, in Article 9 °, its final paragraph by the following:" The Deputy Director of Taxation and the Director of Large Contributors are hereby given the all the powers that this law, the Tax Code and other legal provisions grant or confer on the Regional Directors in the future, with the exception of the power to apply the fines referred to in Articles 30; 97 except for of its numbers 1, 2 and 11; 100; 101; 102; 103; 104; and 109, all of the Tax Code. To the first, in respect of the entire territory of the country, and to the Director of Great Contributors, in respect of those taxpayers who, in accordance with the provisions of Article 3 (a) of this law, are subject to their jurisdiction, in accordance with the instructions from the Director. '; Article 10.-To suspend, for the years 2011 and 2012, the real estate of the non-agricultural series which, as at 1 July 2010, have a tax guarantee equal to or greater than $96,000,000, the application of the final article 7 ° of Law No 17.235, on Territorial tax; and in its replacement apply, on the rate or higher of the fees, as the case may be, determined in accordance with the first paragraph of Article 7 ° of the law N ° 17,235, a tax surcharge of 0,275%, which is will be jointly charged with real estate contributions and will not be entitled to be lowered from taxes established in the Law on Income Tax. The surcharge referred to in the preceding paragraph shall not apply to natural persons of age receiving old age pensions in accordance with the provisions of Title II of Decree Law No 3,500 of 1980, provided that they comply with the following: (i) which are owners of the root property for at least 3 years; (ii) which have earned income in the year preceding that of the application of the surcharge, which have not exceeded 50 annual tax units; (iii) owners, directly or indirectly, of more than one building which qualifies for the application of the surcharge indicated in the foregoing paragraph, in which case the exemption shall apply to the one of the least-valued, and (iv) that the property in question does not have an income tax of more than $192,000,000, as at 1 July 2010. In order to make this exemption effective, taxpayers must demonstrate to the Internal Revenue Service that the conditions are met, in the form and time limit determined by the Internal Revenue Service. If such accreditation is not carried out, the property shall be taxed with the surcharge contained in the foregoing paragraph, without prejudice to which the taxpayer may request the refund of the excess taxes, in accordance with the general rules, crediting the above circumstances. In the cases in which the exemption referred to in the preceding paragraph is operated, the suspension of the final article 7 ° of Law No 17.235 in respect of the property benefiting from the exemption shall not be governed. For the purposes of this Article, the amounts of tax guarantees referred to in the first and second subparagraphs shall be readjusted semi-annually, in accordance with the provisions of Article 9 of Law No 17.235. The surcharge referred to in the first subparagraph of this Article shall also apply in respect of the guarantees resulting from the modifications made in accordance with the provisions of paragraph 2 of Title V of the said law. Transitional provisions Article 1.-For the purposes of the second subparagraph of Article 84 (a) of the Law on Income Tax, taxpayers shall recalculate the First Class Tax with the rate of tax in each calendar year, to determine the percentage to be applied to gross receipts for the months of April to December of calendar years 2011, 2012 and 2013. Similarly, for the purposes of determining provisional payments for gross receipts for the months of January, February and March of calendar years 2011, 2012 and 2013, the percentage applied during the month of December The above shall be adjusted by multiplying the factors 1,176, 0,925 and 0,919 respectively. Article 2-Extended to 31 December 2012, subject to the rules of Law No 17.235, on Territorial Tax, the validity of the guarantees of non-agricultural real estate which govern 31 December 2010; and fix, as from 1 January 2013, the validity of the new endorsements to be determined, the date from which the 5-year period laid down in the first paragraph of Article 3 of the said law will be counted, in the same way as they will be restarted the annual reavalums laid down in the seventh indent of that Article. Article 3.-In the case of non-agricultural real estate, which, by application of the provisions of Article 3 (4), of Law No 17.235, the first half of 2010 has not reached the quota of the amount of the territorial tax, according to their own assessment, the application of the procedure for the gradual increase of the tax laid down in that article, will be extended by up to 10% half-yearly, by a maximum of 4 semesters, in such a way that the second half of the year 2012, at the latest, the properties affected by this step-up procedure must be reached the total amount of the territorial tax that according to their own guarantee corresponds to them. Article 4.-In the case of non-agricultural real estate referred to in the seventh indent of Article 3 (3) of Law No 17.235, which, in the first half of the year 2010, as a result of the reavaluo governing from 1 January of that year, have an increase in the territorial tax of more than 25% in respect of the preceding six months shall be governed by the gradual increase procedure laid down in Article 3 (4) of Law No 17.235. This procedure will be applied until the first half of 2012, with an increase in the contribution of up to 10% biannual, so that the second half of 2012 will be turned to the amount of the tax that corresponds to their avaluo. To count from January 1, 2013, for the real estate referred to in this article, the mechanism for determining the tax referred to in the final article 3 ° of Law Nº 17,235, already referred to, will be applied again. Article 5.-The provisions of this law that amend the decree with force of law N ° 2, 1959, will begin to govern after three months since their publication and will not affect the benefits and rights granted to the taxpayers who, at the time indicated, are owners of "economic housing". However, the provisions of this law shall not apply to acquisitions of "economic dwellings" which are effected by virtue of an act or contract whose conclusion has been validly promised before the date of entry into force of this Act. validity of this law, in a contract concluded by public deed or by private instrument, and that, at the time of its subscription, compliance with the provisions of the first paragraph of Article 18 of the decree with force has been carried out Law No 2, 1959. Similarly, the provisions of this law shall also not apply to acquisitions of the same dwellings which are carried out under a lease with a purchase option concluded before the date of entry into force of the contract. validity of this law, provided that such contract has been concluded by public deed or private instrument. Article 6-Amendments to Article 18 of the decree with force of law N ° 2, 1959, of the Ministry of Finance, shall apply, in respect of the benefits to which the acquirers of "economic housing" may enjoy, acquire the date set out in the fifth transitional article of this law. Article 7.-For the purposes of the provisions of Article 6 (B) of Article 6 of the Tax Code, which has been introduced by Article 2 (1) (b) of Law No 20.322, the Director of Large Contributors may provide for the administrative compliance with the judgments handed down by the Tax and Customs Courts, in matters falling within their jurisdiction, as these Courts enter into office, in accordance with the transitional provisions laid down in the same law. In those regions where the Tax and Customs Courts are not yet in place, the Director of Large Contributors will not have the power to administratively resolve the claims submitted by the taxpayer, according to the with the Third Book of the Tax Code. Article 8.-The amendments referred to in Article 4 of this Law shall apply from the end of the term referred to in Article 3 (b) of Law No 20.326. Article 9.-Taxpayers shall be eligible for the new regime laid down in Article 14c of the Law on Income Tax, for the income to be collected or payable as from 1 January 2011. Article 10.-The amendments established in article 5 of this law will begin to apply from the calendar year 2011. Article 11.-To benefit from the 2010 calendar year, to the regime referred to in Article 2 of this Law, which incorporates a new article 14c to the Law on Income Tax, the taxpayers shall, within the period of 60 "Days of run counted since the publication of this law, to express to the Internal Revenue Service its will in this regard." And because I have had to approve and sanction it, therefore, promulgate and take effect as the Law of the Republic. Santiago, July 29, 2010.-SEBASTIAN PINERA ECHENIQUE, President of the Republic.-Rodrigo Alvarez Zenteno, Minister of Finance (S).-Jaime Ravinet de la Fuente, Minister of National Defense.-Juan Andrés Fontaine Talavera, Minister of Economy, Promotion and Tourism.-Camila Merino Catalán, Minister of Labour and Social Welfare. What I transcribe to you for your knowledge.-Saluda Atté. to you, Rodrigo Alvarez Zenteno, Undersecretary of Finance.