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REDUCES RATES OF ADDITIONAL TAX ON THE INCORPORATION OF KNOWLEDGE AND TECHNOLOGY FROM THE OUTSIDE

Original Language Title: REDUCE LAS TASAS DEL IMPUESTO ADICIONAL A LA INCORPORACION DE CONOCIMIENTO Y TECNOLOGIA DESDE EL EXTERIOR

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LAW NO. 20,154 REDUCES THE FEES OF THE ADDITIONAL TAX ON THE INCORPORATION OF KNOWLEDGE AND TECHNOLOGY FROM THE OUTSIDE Having present that the National Congress has given its approval to the following Bill: " Single article. Following amendments to the Law on Income Tax, contained in article 1 of Decree Law No. 824, 1974: 1) Amend the article 59º, as follows: (a) Replace the first part of the first subparagraph to the last point followed, by the following: " Article 59º.-A 30% tax shall be applied on the total of the amounts paid or paid into account, without deduction, to persons without domicile or residence in the country, for the use, enjoyment or exploitation of trademarks, patents, formulas and other similar benefits, whether they consist of royalties or any form of remuneration, excluding the amounts corresponding to the payment of goods In the country, there is a generally accepted cost. However, the applicable tax rate shall be reduced to 15% in respect of the amounts corresponding to the use, enjoyment or exploitation of patents, utility models, industrial designs, layout schemes or topographies of integrated circuits, and new plant varieties, according to the definitions and specifications contained in the Industrial Property Law and in the Law that Regulates the Rights of the Breeders of New Plant Varieties, as appropriate. Also, the amounts corresponding to the use, enjoyment or exploitation of computer programs shall be taxed at a rate of 15%, meaning the set of instructions to be used directly or indirectly in a computer or processor, the purpose of carrying out or obtaining a certain process or result, contained in cassette, diskette, disc, magnetic tape or other material medium or medium, in accordance with the definition or specifications referred to in the Law on Intellectual Property. " (b) Add after the point other than the first subparagraph, which becomes a point, the following: " However, the applicable tax rate shall be 30% where the creditor or beneficiary of the royalties or remuneration is constituted, domiciled or resident in one of the countries which is part of the list to which it is referred to in Article 41D or, where they hold or participate in 10% or more of the capital or profits of the payer or debtor, as well as in the case of a common shareholder or shareholder who, directly or indirectly, holds or participates in a 10% or more of the capital or profits of one or the other. The local taxpayer obliged to withhold the tax must prove these circumstances and make an affidavit within two months of the end of the respective year, in the form and conditions established by the Service of Internal taxes. ' (c) First subparagraph (1) (1) above. (d) Substitute the fourth indent of the number 2), as follows: " They shall be affected by this tax, with a rate of 15%, the remuneration paid to natural or legal persons, for engineering or technical work and for those services professionals or technicians that a person or entity familiar with a science or technique, lends through a council, report or plane, whether they are provided in Chile or abroad. However, a rate of 20% shall apply if the creditors or beneficiaries of the remuneration are in any of the circumstances indicated in the final part of the first indent of this Article, which shall be credited and declared in the form indicated in that paragraph. '(2) In the second indent of Article 60º, the word' techniques ' and the comma (,) which follows it. Transitional Article.-The provisions of this law shall apply from 1 January 2007. " And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, December 28, 2006.-MICHELLE BACHELET, President of the Republic.-Andres Velasco Branes, Minister of Finance. What I transcribe to you for your knowledge.-Salute intently to you, Maria Olivia Recart Herrera, Deputy Finance Secretary.