Establishes A Tax Specific To Mining Activity

Original Language Title: ESTABLECE UN IMPUESTO ESPECIFICO A LA ACTIVIDAD MINERA

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"Article 1-Introducense the following |! |" amendments to the income tax Act, |! | contained in article 1 of the Decree Law N ° 824, de |! | (1974: 1) added, then the current title IV, |! | the following title IV Bis, new: "title IV BIS specific tax on mining activities article 64 bis.-establish a tax |! |" specific to the operational income of the mining activity |! | obtained by a mining Manager.
For the purposes of the provisions of the present |! | (artículo se entenderá por: 1) Manager mining, any natural person or |! | legal that removing mineral substances of character |! | concessionary and sell them in any productive state in |! | that you are.
(2) mining product, mineral substance of |! | concessionary character already extracted, whether or not been object |! | profit, in any productive state in which are |! | find.
(3) sale, all held legal act by the |! | mining operator that is intended to or may |! | have the effect of transferring the ownership of a |! | mining product.
The tax referred to in this article are |! | It will apply to the operational taxable income of the operator |! | (minero de acuerdo a lo siguiente: i) to those mining exploiters whose sales |! | year exceed the value equivalent to 50,000 tons |! | metrics of fine copper shall apply a single rate of |! | 5% tax;
(ii) to those mining exploiters whose sales |! | annual are equal to or lower than the equivalent value to |! | 50,000 metric tons of fine copper and superior to the |! | value equivalent to 12,000 metric tons of copper |! | fine, be them a fee equivalent to the average |! | per ton of resulting from applying the following: |! | On the part that exceeds the value equivalent to 12,000 |! | metric tons of copper fine and does not exceed the |! | equivalent to 15,000 metric tons of fine copper, |! | 0.5%;
On the part that exceeds the equivalent value to |! | 15,000 metric tons of copper fine and does not exceed |! | the equivalent of 20,000 metric tons of copper |! | fine, 1%;
On the part that exceeds the equivalent value to |! | 20,000 metric tons of copper fine and does not exceed |! | the equivalent of 25,000 metric tons of copper |! | fine, 1.5%;
On the part that exceeds the equivalent value to |! | 25,000 metric tons of copper fine and does not exceed |! | the 30,000 metric tons of copper equivalent |! | fine, 2%;
On the part that exceeds the equivalent value to |! | 30,000 metric tons of copper fine and does not exceed |! | the 35,000 metric tons of copper equivalent |! | thin, 2.5%;
On the part that exceeds the equivalent value to |! | 35,000 metric tons of copper fine and does not exceed |! | the 40,000 metric tons of copper equivalent |! | fine, 3%;
On the part that exceeds the equivalent value to |! | 40,000 metric tons of fine copper, 4,5%;
(iii) not be subject to tax the |! | mining exploiters whose sales, during the fiscal year |! | respective, have been equal or inferior to the |! | equivalent to 12,000 metric tons of fine copper.
The value of a metric ton of fine copper was |! | must be determined according to the average value that the copper |! | Grade A spot submitted during the year |! | respective on the London Metals Exchange, which |! | It will be published, in national currency, by the Commission |! | Chilean copper within the first 30 days of each |! | year.
For the purposes of determining the tax rate |! | the total value of sale should be considered to apply, |! | mining of all those persons product |! | the mining operator, which may be related |! | considered exploitative mining according to the numeral |! | 1), of the second paragraph of this article and which |! | carry out such sales.
Related persons means those to |! | comes the numeral 2° of article 34 of this |! | law.
Operational taxable income means for |! | the purposes of this article, resulting from performing |! | the following adjustments to the taxable income of liquid |! | (determinada en los artículos 29 a 33 de la presente ley: 1) deducting all those income not coming |! | directly from the sale of mining products;
(2) add the expenses and costs necessary for |! | (producir los ingresos a que se refiere el número 1) |! | precedent. They must also add costs of |! | common allocation of the exploitative mining non-|! | assignable exclusively to a certain type of |! | revenues, in the same proportion that represent the |! | income referred to in the preceding paragraph regarding |! | of the total of the gross income of the mining operator;
(3) add, in the event that they have deduced, the |! | following items contained in article 31 of the |! | (this law: to) the interests referred to in number 1 °;
(b) losses from prior years that makes |! | reference number 3 °;
(c) the charge for accelerated depreciation;
(d) the difference exist, which occurs between |! | the deduction of expenses for organization and implementation in |! | March, referred to in the number 9 °, amortized in a |! | period of less than six years and the proportion that had |! | corresponded to deduct such amortization |! | expenses equally, within the period of six years. The |! | difference that results from applying the provisions of this |! | letter, is amortised in the time remaining to |! | (completar, en cada caso, los seis ejercicios, y e) the consideration that is paid by virtue of a |! | avio contract, purchase and sale of minerals, |! | lease or usufruct of a mining belonging, or |! | any other that has its origin in the delivery of the |! | exploitation of a mineral deposit to a third party. |!| Also need to add that part of the price of the |! | sale and purchase of a mining membership that has been |! | agreed as a percentage of sales from products |! | mining or utilities of the buyer.

(4) the annual fee of depreciation deduced by the |! | physical property of the assets that any |! | corresponded not to apply the regime of depreciation |! | accelerated.
As set out in articles 64 code |! | Tax and 38 of this law, in case of |! | sales of mining products of the mining operator to |! | related persons resident or domiciled in |! | Chile, for the purposes of determining the rate, exemption |! | and the basis of the tax referred to in this article, |! | the service of internal revenue, in use of its |! | powers, may contest the prices used in |! | such sales. In this case, the tax service |! | Inmates must substantiate its decision considering the |! | reference prices of mining products as shall be determined |! | the Chilean copper Commission according to their |! | legal powers. "."

(2) be inserted in paragraph 2 °, third subparagraph |! | Article 31, after the comma (,) that follows to the |! | word "law", as follows: "with the exception of the tax established in the |! |" Article 64 bis in the year they are earned, "."

(3) add in article 65, the following numeral |! | 2nd, new: "2.-taxpayers taxed with tax |! |" specific established in article 64 bis. "."

(4) incorporate in article 84, the next |! | letter h), new: "h) forced to pay taxpayers of the |! |" tax established in article 64 bis, should be |! | make a monthly provisional payment on revenues |! | gross coming from sales of mining products, |! | with the rate determined in the terms designated |! | (en los incisos segundo y tercero de la letra a), this |! | Article, but the increase or decrease of the |! | percentage difference, referred to in subsection |! | Second, be determined considering the tax |! | specific of the number that had to pay in the |! | last year, without the adjustment of article 72, in |! | time of first category tax.
In cases where the aforementioned percentage in the |! | previous paragraph may not be determinable, by not |! | have been operational taxable income in the |! | previous exercise or because it is the first exercise |! | trade is affecting tax article 64 bis, |! | or for other reasons, the rate of this payment |! | Interim will be 0.3%. "."

(5) add in article 90, the next subsection |! | end, new: "nothing in this article shall also |! |" (aplicable a los contribuyentes señalados en la letra h) |! | Article 84, but the default |! | Interim will proceed only in the case that the income |! | tax operational, annual or quarterly according to |! | appropriate, that referred to in article 64 bis, not |! | exists or is negative the calculation that there are |! | sets. "."

(6) insert in articles 93 and 94, the |! | following number 2., new, happening in the latter |! | the current number 2 article. to be no. 3., |! | modifying the subsequent correlative: "2. tax established in article 64 bis.".