Modifies The Law On Donations For Cultural Purposes Contained In The Article 8 Of The Law Nº18.985 And Other Tax Provisions


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"Article 1.-Introducense the following changes in the law on donations for cultural purposes, contained in article 8 of the law Nº18.985: 1." Replaced the No. 1 of article 1 by following e1: "1) beneficiaries: State and private professional colleges recognised by the State, to libraries open to the public in general or the entities who administer them, corporations and nonprofit foundations and universities and functional community organizations established according to law Nº19.418" which sets rules on boards of neighbors and other community organizations, whose object is the research, development and dissemination of culture and art. Libraries, of the settlements that remain open to the public, in accordance with the regulations that exist in this respect and approval granted the Regional Ministerial Secretary of corresponding education, which must necessarily combine the interests of the community with the own establishment will be, also benefiting. State and municipal museums may be beneficiaries, as well as private museums which are open to the public in general and always which are owned and are managed by entities or individuals that do not pursue profit. In addition, the National Monuments Council, with respect to the projects that are intended solely for the conservation, maintenance, repair, restoration and reconstruction of historical monuments, archaeological monuments, public monuments, typical areas, whether in national assets for public use, property tax or public goods referred to in the law Nº17.288 on national monuments will be beneficiary. "."
2 Introducense in article 2, the following amendments: to) be replaced with the first part of the fifth paragraph to the followed period (.), the following sentence: "mentioned donations, in that part that can not deduce as credit, shall constitute an expense necessary to produce the first category tax affects income.".
(b) add the following final paragraph: "Notwithstanding the provisions of subsection first, taxpayers may be in-kind donations. For these purposes, the value of the species will be, in case that the donor is a contributor to the first category tax of the law on income tax, which determine your effective income on the basis of full accounting, that the species has for the purposes of this Act, and its transfer must register and be documented in the form established by the internal revenue service. In case that the donor is a contributor to the complementary global tax, such value shall be determined by the Committee, which may be considered as reference a report by independent experts. The cost of the surveys will be, in any case, of the beneficiary's account and will not form part of the donation. "."
3 Reemplazanse No. 1) in article 3 the words "money" by the article "the".
4 Agreganse the following items 8 th and 9 th, new: "(Artículo 8º.-No obstante lo dispuesto en el número 4) of article 4 of this law, the Committee may approve projects that authorizing the presentation of shows and exhibitions, referred to in number, whose income is paid, provided that, in such cases, the project considers the presentation of" at the very least, equal number of times of the same show, with a charge for reduced or free entry. For this purpose, the value of entering the show must be set proportionally deducted price that part of the cost of the show that has been financed through grants made under this Act, the total of donations that finance the project that considers the presentation of these shows, exclusively at the cost of those shows with discounted or free entrance must be attributed in the ways that in effect set the internal revenue service.
Article 9.-the Treasury may contribute to the financing of the projects referred to in article 8 of this law, running in different regions of the Metropolitan Region of Santiago, by institutions having the headquarters of its activities in these regions.
Resources that for these purposes contemplate the law of Public Sector budgets will be divided into twelve regional funds, in proportion to the territory and population in equal parts, of each of those regions, with respect to the sum of the territory and the population of all of them. Fifty per cent of the resources of each of these regional funds will be distributed and delivered at the end of the first half of each year and the amount remaining at the end of the second semester.
The distribution of the resources of each regional fund, among the beneficiaries of the article 8, will be in proportion to the amount of effective made donation to each cultural project with respect to the total of donations that has been specified in the semester in question. The fiscal contribution that this concept be granted, will be equivalent to 15% of the amount of the respective donation or the percentage that is according to the resources available to the Fund.
These resources may only be used within a period of one year, since they are delivered to the recipient, and in cultural activities running in the regions referred to in the first subparagraph.
By Decree of the Ministry of education, approved by the Ministry of finance, the way in which the contribution of resources will have to surrender, as well as commitments and guarantees of the beneficiaries with the IRS will be established. The identification of the beneficiaries of the contribution will be up to the Committee referred to in number 1) of article 4 of this law. "."