IT ESTABLISHES PREFERENTIAL CUSTOMS AND TAX ARRANGEMENTS FOR THE COMMUNITY OF THE FUTURE AND SPRING OF THE PROVINCE OF TIERRA DEL FUEGO, OF THE XII REGION OF MAGELLAN AND OF THE CHILEAN ANTARCTIC, MODIFIES SUPREME DECREE N ° 341, 1977, OF THE MINISTRY OF HACIENDA, AND OTHER LEGAL BODIES Having present that the H. National Congress has given its approval to the following Bill: " TITLE I Article 1 °.-To count from the date of publication of |! |this law and for the period of 44 years, establish |! |a preferential customs and tax regime for the |! |communes of Porvenir and Spring of the province of |! | Tierra del Fuego, from the XII Magellan Region and the |! | Chilean Antarctic. They will enjoy the franchises that are established in the |! |present Title companies that develop |! exclusively industrial activities, |! |agroindustrial, agricultural, livestock, mining, of |! |exploitation of the riches of the sea, transport and of |! |tourism, which are physically installed on grounds |! |located within the administrative lines of the |! |communes indicated in the above paragraph, provided that their |! |establishment and activity means the rational |! |use of the natural resources and to ensure the |! |preservation of nature and the environment environment. No |! |they will enjoy these franchises the extractive industries |! |of hydrocarbons, nor the process of these |! |in any of their states. For the purposes of Title I of this law, it will be |! |understand by industrial companies those that |! |develop a set of activities in factories, |! |plants or workshops destined to manufacture, |! |conservation, transformation, armadurship and Manufacture of |! |substances, products or articles in natural state or already |! |manufactured, or for the provision of services |! |industrial, such as grinding, dry cleaning and finishing |! |or termination of articles and others that are necessary |! |directly for the execution of the processes |! |production of the companies mentioned in the |! |old, incorporate in the goods they produce, a |! |at least, 25% in labor and originating inputs |! |of the communes indicated in the first paragraph of this |! |article. You will be competent to rule in case of |! |doubt about the percentage of integration in the product |! |final, of the concepts referred to above, the |! | Regional Planning and Coordination Secretariat. The Mayor, prior to the report of the Secretary |! | Regional Ministry of Finance of the XII Region, |! |will decide on the installation of the indicated companies |! |in the second indent, with precise indication of the |! |location of the grounds of its establishment. This |! |resolution will be reduced to public deed that |! |will sign the respective Regional or Provincial Treasurer, |! |representing the State, and the interested. This |! |writing will have the character of a contract in which |! |will be understood to be fully incorporated in the |! |franchises, exemptions and benefits of Title I of |! |this law and, consequently, the natural person or |! |legal welcome to their provisions, as well as their |! |successors or causeholders to any Title, |! |will continue to enjoy the privileges indicated up to |! |the extinction of the term stated in the first paragraph, |! |notwithstanding any subsequent modifications that may |! |suffer, partially or totally, its provisions. To these |! |same rules will be subject to the extension of the referred |! |companies. The Regional Council may exclude from access |! |the preferential regime established by this article, by |! |the term of two years, renewable, to those companies |! |corresponding to an over-sized sector or not |! development strategies |! |regional. By supreme decree issued through the |! | Ministry of Finance, the procedure will be regulated |! |and modalities to qualify the companies that request |! |the authorization for their installation. The contracts referred to in the fourth indent, |! |will expire in full right at the expiration of two years, |! |counted from the date of the public deed to which it is |! |reduce the resolution of the Regional Mayor who |! |authorize the installation of the respective company, if |! |within that period the start is not specified |! |of your activities or you will be discontinued for more than |! |one year, at any time. The companies that are |! |have expired the respective contract, will be able to |! |request their renewal, adjusting again to the |! |prescriptions of this law. Article 2 °.-The companies mentioned in the second indent of the previous article, and during the period indicated in the first subparagraph of the article, shall be exempt from the tax of the first category of the Law on Income Tax accrued or received in their commercial exercises, including the partial exercises they carry out at the beginning or end of the period set out in the preceding article. In any event, the companies benefiting from this exemption shall be obliged to keep accounts in accordance with the general legislation. Notwithstanding the exemption provided for in this Article, the taxable person shall have the right to use in the determination of his or her supplementary global tax, the credit provided for in Article 56 (3) or in the Article 63 of the Law on Income Tax, considering for this only effect that the income referred to has been affected by the tax of first category. Article 3.-The benefits referred to in the following Article may be imported by the undertakings referred to in the second paragraph of Article 1 (2), any kind of foreign goods necessary for their production or production processes. the provision of services, raw materials, medium-sized articles and parts and, or parts which are incorporated or consumed in such processes. In addition, machinery and equipment intended to carry out these processes, or the transport and handling of the goods of such undertakings, as well as the fuels, lubricants and spare parts necessary for their production, may also be imported. maintenance. They may not be imported under the legislation referred to in Title I of this law to the communes referred to in Article 1, weapons or their parts or ammunition; any species which is against security shall also not be imported into them. national, moral, health, good customs and plant and animal health. No ships may be imported under the exemptions provided for in Title I, with the exception of passenger and cargo ferries which are used for the benefit of the communes favoured by this law. Article 4 °.-The importation of the goods referred to in the preceding Article shall not affect the payment of duties, taxes, fees and other charges levied by the Customs, including the duty rate laid down in Article 190 of the Law No 16.464, as well as the taxes contained in Decree Law No 825 of 1974. However, the goods shall be subject to the legislation applicable to the importation from a free zone when they are transferred to the territory of the area of extension not included in the territory of the communes determined in Article 1. or in the case referred to in Law No 18.392; or the general scheme, when imported into the rest of the country. Article 5.-Goods produced by the undertakings referred to in the second paragraph of Article 1 with parts or parts of foreign origin imported in accordance with the rules of the preceding Article or of Article 21 of the decree with force of law No 341, 1977, of the Treasury, may leave the area described in article 1 of this law, to be exported or to the rest of the country under general or special regime. In case of importation, they shall pay only the duties and taxes which affect them, including the taxes of Decree Law No 825, 1974. in respect of parts or parts of foreign origin, and only the taxes of the said decree law in respect of the national or nationalized parts or pieces in the rest of the country that are part of the final product referred to in this paragraph and which were entered in that zone exempt from this tax. Goods produced by such undertakings, with only national or national parts or parts in the rest of the country, shall be subject to the provisions of the last paragraph of Article 9. They may be paid in respect of the taxes of Decree Law No 825 of 1974, which shall be determined in accordance with the preceding subparagraphs, the sums charged by way of the same taxes on sales to the rest of the country of the same goods, in the the form and conditions established by the Internal Revenue Service. Article 6.-The National Customs Service shall indicate the steps or ports authorized in the territorial zone indicated in Article 1 ° for the entry or exit of goods. In the same way, it may determine border perimeters for special surveillance. Likewise, the National Customs Service may selectively carry out acknowledgements, aphoros and verifications, including documentaries, in order to verify the veracity of the statements made by the interested parties in relation to the procedures, procedures and procedures. and other customs operations carried out on the basis of the entry or exit of goods from the same territorial area. Article 7 °.-Without prejudice to the cases provided for in Article 176 of the Customs Ordinance, it shall also be the offence of smuggling which removes or introduces goods from or to the area of the communes referred to in Article 1, by step or ports other than those authorised by the National Customs Service in accordance with the provisions of the previous Article. Article 8 °.-Sales of the goods referred to in Article 3, which are carried out from the Zon To Franca de Punta Arenas to the companies mentioned in Article 1 °, domiciled in the territorial zone indicated in the same article, will be exempt from the tax established in article 11 of Law No. 18,211 and from the taxes contained in the Decree Law No 825 of 1974. Article 9 °.-Sales that are made to the company |! |that it treats Title I of this law, of goods |! |national or nationalized necessary for the |! |development of its activities, processes and extensions and |! |that enter the territory of the communes indicated in |! |article 1 °, will be considered export |! |exclusively for the intended tax purposes in |! |the decree law No. 825, 1974, but with a return |! |of the tax credit of up to the percentage equivalent to |! |the Rate of the respective tax on the amount of the |! |cited sales. They will also enjoy the benefit established in the |! |previous paragraph, the companies that develop |! |business activities that for their turn are or can |! |be suppliers of the companies accepted to the article 1 ° |! |for which it will be applicable to them in all the provisions in |! |said article, but only in whatever is relevant to |! |this franchise. The entry of the referred goods to said |! |territory shall be verified and certified by the |! | National Customs Service, in the form and conditions |! |that determines the Internal Revenue Service, as |! |also, credit agreement to the rules you set |! |that Service. These national or nationalized goods will be able to |! |be re-entered to the rest of the country holding, in all |! |case, to the customs rules that govern for the income |! |of imported goods, except those that |! |force to the payment of rights or customs duties. This |! |reentry will accrue taxes set on the |! |decree law No. 825, of 1974. Article 10.-The sales and services that you make or |! |provide in general the companies domiciled in the zone |! |territorial indicated in the article 1 ° to companies that |! |treats the Title I of this law that are also found |! zone and fall on goods |! |located in it or services provided and, or |! |used in the referred territorial area, will be |! |exempt, during the period indicated in the same article, |! |of the taxes laid down in decree law N ° 825, |! |de 1974. Likewise and for the same period, real estate |! |destined for the turn of authorized companies for their |! |installation in the territorial area indicated in the |! |article 1 ° and located in it, will enjoy the exemption |! |total of the territorial tax established in Law No. |! | 17.235. TITLE II Article 11-The following amendments to the Supreme Decree No 341 of 1977 of the Ministry of Finance, which laid down the recast and coordinated text of the provisions on zones and free warehouses: 1.-Add the following (e) in the fifth indent of Article 10a; remove the combination "and" at the end of point (c), and at the end of point (d) replace the point (.) with a comma (,) and add the conjunction "and". "(e) Sales of goods manufactured or manufactured with national or nationalized raw materials and inputs not exceeding 50 of the total components of the final product." 2.-Enter the following amendments to Article 27: (a) Attaché, in point (.) followed, at the end of the first subparagraph, the following sentence: " Likewise, such preferential arrangements shall apply to undertakings which, in their production process, cause an irreversible transformation in raw materials, (b) Substitute the second subparagraph, by the following: " The Regional Council may exclude from access to the preferential scheme provided for in this Article, by the term of two years, renewable, to those industries corresponding to an over-sized or non-priority sector within of regional development strategies. The Mayor of the First Region, prior to the report of the Regional Minister of Finance of the I Region, will decide on the installation of the companies that comply with the requirements mentioned in the previous section, with precise indication of the location of their establishment. These same rules will be subject to the extension of these companies. " Article 12.-Substitute in Articles 38 of Decree Law No 3,529 of 1980, and 1 °, second indent, of the decree with force of Law No 15, 1981, of the Ministry of Finance, as amended by Article 17 of Law No 19,012, the reference to the year "1991", for the year "1999". Article 13.-Replaced in Article 2 of the decree with force of law N ° 15, 1981, of the Ministry of Finance, as amended by Law No. 18.318, the Guarianism "50,000" by "80,000". Article 14.-Add to Article 6 of the decree with force of law N ° 15, 1981, of the Ministry of Finance, the following second indent: " In order to determine the priority in the regional development referred to in the preceding paragraph, it shall be, in First, the investment or reinvestment in question has in its production process greater labor intensive use and a high value added in its products or services. Secondly, investment or reinvestment to produce goods or services that are exportable or substitute for imports should be preferred. In support of the above, investment or reinvestment must be considered as generating or incorporating important technological innovations. In each priority category, of the above mentioned above, consideration will be given to the projects that are requested by the lowest bonus percentage. Article 15.-Add to Article 9 of the decree with force of Law No. 15, 1981, of the Ministry of Finance, the following second, third and fourth points: " In each calendar year, the Regional Mayor will receive until March 31 of that year, the bonus requests, which will be paid from the same year's budget. At the time of its presentation, the investor or reinvestor must accompany the project to be carried out with its corresponding evaluation and financing, in such a way as to allow the budget of each year to be allocated to the approved investments, thus assuring the investor the payment of the bonus once the investment or reinvestment has been made. The Mayor, after the report of the Minister of Finance, will approve the investments in a period not exceeding 31 July of each year. The Regional Council, each year, may set sectoral priorities for the approval process for the various investment projects, which must be taken into consideration by the Resolutive Committee when they are evacuated. determination. ' Article 16.-Enter the following amendments to Article 12 of the decree with force of law N ° 15, 1981, of the Ministry of Finance: (a) Substitute, in its first indent, the word "Advisor" for "Resolutive" and the verbal form "shall inform" (b) Add the following final point: " The Committee shall decide on the origin of the bonus, the nature of the investment, the percentage of the bonus applied for and the amount of the bonus referred to in the second paragraph of Article 6 of this decree with force of law. " Article 17.-Substitute Article 13 of the decree with force of law N ° 15, 1981, of the Ministry of Finance, for the following: " Article 13.-The determination of the Resolutive Committee, the Regional Mayor will dictate the respective resolution. on the origin of the bonus. If such a determination has been negative, only the requested bonus may be approved on the basis of a reasoned review by the Regional Mayor. ' Other provisions Article 18.-The following amendment to Article 11 shall be introduced. Law No 18.211: Set the rate of the tax set out in the first indent by 6%. In the case of a reduction or increase in the duties of the Customs Tariff which are currently set at 11% ad valorem, the rate of 6% indicated above will be reduced or increased by the single law ministry in the same percentage of variation experienced by those. TRANSITIONAL ARTICLES Article 1.-Companies which, being those referred to in the second and third subparagraphs of Article 1, are already physically installed at the date of publication of this law, in areas of the area described in This Article may benefit from the benefits and allowances provided for in Title I, and must be in accordance with the rules set out in the fourth and fifth subparagraphs of the same Article, within the first six months of its validity. Article 2.-For the purposes of the provisions of the second subparagraph, which is added to Article 9 of the Decree by Law No 15 of 1981, Article 9 of the Decree-Law No 15 of 1981 provides for the submission of a request for a bonus for 1992 Regional Mayor within the period of ninety days since the publication of this law. Article 3-Natural and legal persons who, from 1 January 1988 to 31 December 1991, have opted for the allowance for investments or reinvestment in accordance with the procedure under Title II of the Decree with force of law No 15, of the Ministry of Finance, of 1981, which establishes the Statute of the Fund for the Promotion and Development of Extreme Regions, established by Decree Law No 3,529 of 1980, whose respective applications have not been rejected have received the bonus, may, for one time and in accordance with the conditions laid down in the permanent provisions of this law, renew the request for the respective bonus on the same projects previously submitted, adjusting in all The procedure laid down in the aforementioned decree with force of law No. 15, of the Treasury, of 1981, and in this law. The documentation required for each project by Article 9 ° of the decree with force of Law No 15, of the Treasury, of 1981, and which will be presented with the request of the bonus that is renewed according to the requirements of this article, it is valid, effective and sufficient for this new request. The lack of renewal, within the ninety-day period from the date of publication of this law, of the bonus requests made in the period referred to in the first paragraph of this article, shall be given as a waiver or withdrawal of its original request, for all legal purposes. " And the comments made by the President of the Republic have been approved by the National Congress; therefore, promulgate and take effect as the Law of the Republic. Santiago, June 23, 1992.-PATRICIO AYLWIN AZOCAR, President of the Republic.-Jorge Rodriguez Grossi, Minister of Finance. What I transcribe to you for your knowledge.-Salutes intently to Ud., Jorge Rodriguez Grossi, Undersecretary of Finance.