Lays Down Rules On Tax Reform

Original Language Title: ESTABLECE NORMAS SOBRE REFORMA TRIBUTARIA

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Article 1.-Introducense the following amendments to the law on income tax contained in article 1 of the Decree Law N ° 824, 1974: 1-replace in the second paragraph of number 1 of article 2, the phrase "of articles 14 bis and 20 bis" by "of article 14 bis".
2. replace article 14 with the following: "article 14.-the rents to be determined to a taxpayer subject to tax of first category, is charged with respect to this in accordance with the rules of title II."
To implement global tax supplementary or additional income derived by such contributors will proceed in the following way: to) taxpayers forced to declare as accounting full 1st.-connection of individual, contributing employers of article 58, number 1, members of societies of people and partners in the case of limited partnerships for actions: to) will be encumbered with the global tax complementary or additional , as appropriate, for the withdrawals or remittance receiving company, until the taxable utilities Fund referred to in number 3 ° of this article.
When withdrawals exceed the Fund's taxable profits, for the purposes of the implementation of designated taxes, will be considered within this income accrued by the societies of people that participate the company which the withdrawal occurs.
With regard to the societies of people and of the limited partnership by shares, so it corresponds to the partners, is taxed each partner withdrawals by effective amounts. In the case that the withdrawals as a whole exceed the amount of the taxable utility, including the exercise of, each partner will be taxed whereas the proportion representing their retreats in the total of them, with respect to such useful.
For the purposes of applying title IV tax will be considered always removed income that remesen abroad.
((b) withdrawals or remittances that are carried out in excess of the Fund's taxable profits, which do not correspond to no constituent amounts of income or exempt from taxes income global complementary or additional, are considered to be made in the first subsequent financial year in which the company has taxable profits determined in the way described in point 3, letter a), of this article. If the taxable profits of that exercise is not enough to cover the amount of the withdrawals in excess, the remnant means retired in the exercise subsequent in that taxable utilities occur and so on. For these purposes, the excess referred will reset according to the variation which experience the consumer price index between the last day of the month prior to the closing of the exercise in which there were withdrawals and the last day of the month prior to the closing of the exercise that is understood to have retired for purposes of this letter.
Trying to societies, and for the purposes indicated in the preceding paragraph, the partners will be taxed with global taxes complementary or additional, where appropriate, on effective removals that have made in excess of taxable earnings, reset already designated as. In the event that the partner has alienated the whole or part of its rights, referred removal means by the assignees in the corresponding proportion. If the transferee is a corporation, limited partnership by shares for participation for shareholders, or a contributor to article 58, issue 1, payable tax referred to in article 21, third paragraph, on the total of the withdrawal charged. If the transferee is a partnership, the utilities that are appropriate for implementation of the withdrawal charged shall be in turn withdrawals by its partners in proportion to their participation in the profits. If either of these is a society, must apply again the previous rules taxing profits which is charged with tax article 21, third paragraph, either, meaning removed by its partners and so on, as appropriate.
(c) income that withdraw invested in other enterprises forced to determine your effective income by means of full accounting pursuant to the provisions of title II, is not charged with the global tax supplementary or additional while being removed from the society that receives the investment or distributed by this. Same rule applies in the case of transformation of a sole proprietorship in society of any class or division or merger of companies, being understood within this last meeting of the total rights or shares in a company in the hands of the same person. Divisions shall be deemed cumulative incomes are allocated in proportion to the respective equity. The provisions of this point shall apply also to the highest value obtained from the alienation of rights in societies of people, carried out according to the rules of article 41, penultimate paragraph, of this law, but only up to an amount equal to the taxable profits accumulated in the company at the date of disposal, in the proportion corresponding to the seller.
The investments referred to in this letter only may be made through effective increases capital in individual companies, contributions to a society of people or acquisitions of shares in payment, within twenty days following the day that the removal was made. Taxpayers that invest in shares of payment in accordance to this letter, not be eligible, for these actions, under the number 1 ° of article 57 bis of this law.
2.-the shareholders of corporations and in limited partnership by shares will pay the taxes global complementary or additional, as appropriate, on the amounts that any title distribute you the respective society, in accordance with the provisions of articles 54, number 1, and 58, number 2 °, of the present law.
3 °-the background of taxable profits, referred to in the previous numbers, must be registered by any taxpayer subject to tax of first category on the basis of a balance sheet, according to full accounting: to) in the register of taxable utilities Fund is score the liquid taxable income of first category or tax loss for the period. Will be added first category received or accrued tax exempt income; ((the social interests and dividends both perceived, without prejudice to the provisions of the second paragraph of the letter to) the 1st number of the letter A) of this article; as well as all other income, benefits or profits earned or accrued, that without forming part of the liquid income of the taxpayer are subject to global tax supplementary or additional, when to withdraw or distribute.
The items referred to in subparagraph first of article 21 shall be deducted.
It will be added or deducted, as the case, the remnants of taxable profits or the negative balance of exercises above, reset as provided in number 1 °, the first paragraph of article 41.
At the end of the financial year are deducted, also, withdrawals or distributions made in the same period, reset in the form indicated in number 1 °, final paragraph of article 41.
(b) in the same record, but separately from the taxable utilities Fund, the company must write not constituent amounts of income and the global tax exempt income supplementary or additional, perceived, and its remnants of prior years reset in the variation of the index of prices to the consumer, between the last day of the month prior to the end of the previous financial year and the last day of the month preceding the end of the year.
((c) in the case of taxpayers shareholders of joint-stock companies and limited partnership by shares, taxable utilities Fund will only be applicable to determine credits that apply pursuant to articles 56, number 3), and 63.
(d) the withdrawals, remittances or distributions shall be charged, primarily to incomes or profits affected global tax supplementary or additional, starting with the oldest and with right to credit that corresponds, according to the rate of the first category tax that has affected them. If that proves too much, this will be imputed to the exempt income or amounts that are not taxed by those taxes, except for the revaluation of the equity not corresponding to utilities, which may only be withdrawn or distributed together with the capital, at the time of a decrease in this or the end of the giro.
(B) other taxpayers 1°-in the case of taxpayers subject to the first category tax to declare effective incomes and not determining them on the basis of a balance sheet, according to accounting complete, pensions established in accordance with title II, plus all the revenue or benefits received or accrued by the company, including perceived or accrued contributions coming from societies which determine their taxable income in the same way They taxed with respect to the individual entrepreneur, partner, shareholder, or contributor to article 58, number 1, with additional or complementary global tax, in the same period in which they are received, accrued or distributed.
2°-the alleged revenue will affect global tax supplementary or additional in the exercise with corresponding. In the case of societies of people, these incomes shall be withdrawals by partners in proportion to their participation in the profits. "."
3.-in article 14 bis: to) replaced first subparagraph by the following: ' article 14 bis-taxpayers forced to declare effective income according to accounting completed by incomes from article 20 of this law, whose income from sales, services or other activities of their rotation, have not exceeded an annual average of 3,000 monthly tax units in the three previous years " , they may choose to pay the annual tax of first category and global complementary or additional on all withdrawals in cash or in-kind owners, members or comuneros, and all amounts that distribute to any title corporations carried out or limited partnership by shares, without distinguishing or consider its origin or source, or whether it is or not amounts not taxable or exempt. Everything else shall apply the rules of this Act that affect the generality of the first category tax taxpayers forced to carry full accounting. To carry out the calculation of the average number of sales or services referred to in this subsection, monthly revenues are expressed in monthly tax units according to the value of this in the respective month. ";
(b) replace in the fourth paragraph the expression "sixth and seventh subparagraphs" with "(la letra A número 1°, c)";
(c) replace the ninth subparagraph by the following: "taxpayers subject to the provisions of the first subparagraph, which in the last three business years have an average annual sales, services, or other income from your money, more than 3,000 monthly tax units, must return to the general tax system that corresponds to them, subject to the same rules of the final subsection" , but giving the notice to the internal revenue service in the month of January of the year to return to the general scheme. ';
(d) delete the tenth subparagraph;
(e) replace the eleventh paragraph, which happened to be 10th, by the following: "taxpayers, to initiate activities, may enter the optional regime if their initial equity capital is equal to or less than the equivalent of 200 monthly tax units for the month in which to enter. Such taxpayers are excluded from the optional regime if in any of the first three commercial exercises, their annual income exceeds the equivalent of 3,000 monthly tax units. For these purposes, monthly revenues are expressed in monthly tax units according to the value of this in the respective month. "(, y f) be deleted in the final paragraph the sentence that begins with"However"and ends with"their increases."."
4.-in article 17, efectuanse the following amendments: to) the number 7 ° shall be replaced by the following: "7 social capital returns and resets these made in accordance to this law or previous laws, provided that they do not correspond to capitalized taxable utilities that must pay taxes of this law. The amounts withdrawn or distributed by these concepts shall be charged first taxable earnings, capitalized or not, and subsequently retained in excess of the taxable earnings of balance. "."
B) number 8 °: to) replace the letter c) by the following: "c) disposal of mining claims, except when forming part of the assets of companies declaring their effective income in the first category;";
((b) replace paragraph first letter h), the semicolon (;), by a period (.), and add the following subparagraph: "the foregoing paragraph shall not apply where the person who alienates is a taxpayer who declare their effective income in the first category or where society, whose actions or rights alienated, is subject to the same regime"..
((c) insert in the fourth subsection, then the letter "b") the letters "(c)(, d) h)", and add below the expression "partners" the words "of societies of people", and d) replaced in the final paragraph the expression "between the market value" by "between the value of alienation".
(C) replaced the number 13 with the following: "13.-the family allowances, pension benefits and severance compensation and the withdrawal up to a maximum of one month's pay for each year of service or fraction exceeding six months." Being dependent on the private sector, shall be deemed monthly salary average of the gains in the past 24 months, excluding bonuses, shares, bonds, and other extraordinary compensation and resetting previously each remuneration according to the variation that has experienced price index the consumer between the last day of the month prior to the accrual of the remuneration and the last day of the month prior to the term of the contract. "."
5 replace article 19 with the following: "article 19.-the rules of this title shall apply to all revenues received or accrued.".
6.-in article 20: to) delete in its first paragraph, the phrase "the following income or amounts listed below or in article 20 bis";
(((b) replacements letters a) and b) of the number 1 by the following: "a) in the case of taxpayers who possess, or exploit any title goods agricultural roots be taxed the effective income of the goods, without prejudice to the provisions of point (b)) this number."
The amount of the tax in this category may lower territorial tax paid for a period which corresponds to the statement of income. Only the owner will be entitled to this rebate or usufructuary. If the amount of the reduction referred to in this subsection exceeds the tax applicable to the income of this category, this surplus not may attributed to other tax or to request their return.
If the good root was wholly or partially exempt from the land tax, the reduction referred to in the preceding subparagraph shall be allowed up to the amount of the tax that should have been paid there is no such exemption.
The sums whose deduction is authorized in the preceding subparagraphs reset according to the percentage of variation experienced by the index of prices to the consumer in the period between the last day of the month prior to the date of payment of the contribution and the last day of the month prior to the end of the respective year;
(b) the owners or usufructuaries contributors of goods agricultural roots, which are not corporations, and that they meet the requirements listed below, will pay tax of this category on the basis of the income of such farms, which is presumed right is equal to 10% of the tax valuation of the properties. Where exploitation is made to any other title you presumed right that income is equal to 4% of the tax valuation of such properties. The annual period ending December 31, shall be regarded as agricultural exercise for the purposes of these presumptions.
To qualify for the system of presumptive income communities, cooperatives and partnerships of individuals or other legal entities, they must be made only by natural persons.
The tax regime referred to in this letter does not apply to taxpayers who obtain first category income why should tax effective income according to full accounting.
Taxpayers owners or beneficiaries of agricultural fields or that any title they exploit them, with annual net sales not exceeding altogether of 8,000 monthly tax units can only qualify for the arrangements of presumption of income referred to in this letter. For the determination of the sales the occasional alienation of movable or immovable property forming part of the fixed assets of the taxpayer will not be considered. To this effect, sales of each month should be expressed in monthly tax units according to the value of this in the respective period.
The taxpayer who is compelled to testify their effective incomes according to full accounting, it will be effective from January 1 of the year following that in which the designated requirements is met and may not return to the regime of presumptive income. Except the case in which the taxpayer was not fond of the first category tax by his agricultural activity for five consecutive years or more, case in which must be to the General rules set out in this letter to determine if apply or not the regime of presumptive income. For purposes of computing the period of five years shall be deemed that the taxpayer develops agricultural activities when it leases or cede in any way the enjoyment of farms whose property or usufruct retains.
To establish if the taxpayer meets the requirement of the fourth paragraph of this letter, you must add to its sales total sales made by the companies, excluding the anonymous open, and, where appropriate, communities that are related and agricultural activities. Whether to perform the operation described the result exceeds the sales limit set in this paragraph, both the taxpayer and societies or communities related shall determine the tax in this category in accordance with the provisions to) this number.
If a natural person is related to one or more communities or societies, excluded the open anonymous, that are in turn proprietary or usufructuarias of agricultural fields or that any title to exploit them, to establish whether these communities or companies exceeds the limit mentioned in the fourth paragraph of this letter, you must add the total annual sales of the communities and societies related to the natural person. Whether to perform the operation described the result exceeds the limit established in the fourth subparagraph, all societies or communities related to the person shall determine tax of this category in accordance with the provisions in point (b)) East number.
People who take in lease, or that another mere holding title to exploit all or part of farms of taxpayers who must file returns in accordance with the provisions of the letter to) this number, will be subject to the same regime.
After you apply the preceding subparagraphs standards, taxpayers with annual sales not exceeding 1000 monthly tax units may continue subject to the system of presumed income. Sixth and seventh subparagraphs of this letter rules shall not apply to determine the limit of sale referred to in this subsection.
Without prejudice to the provisions in the preceding subparagraphs, taxpayers may choose to pay the tax in this category in accordance with to) this number. Once exercised this option not may rejoin the system of presumption of income.
The exercise of the option referred to in the preceding paragraph must be practised within two months of each business year, understanding in consequence that the incomes obtained as of this year will be taxed in accordance with the effective income regime.
The last three paragraphs of the letter rules shall apply to taxpayers in this letter to) this number.
For the purposes of this letter means that a person is related to a society in the following cases: I) if society is people and the person, as a partner, has powers of administration, or if you participate in more than 10% of the profits, or if it is the owner, beneficiary or any other title has more than 10% of the share capital or stock. This will also apply to the community members with respect to the communities in which they participate.
(II) if the society is anonymous and the person is the owner, beneficiary or any other title is entitled to more than 10% of actions, utilities or votes at the shareholders meeting.
III) if the person is participating by more than 10% in a contract of partnership or other business trust in nature, in which the society is managing.
(IV) if the person, in accordance with these rules, is related to a society and is at the same time it is with another, means that the person is also linked with the latter and so on.
The taxpayer who is obliged to file your taxes on effective income effect of relationship standards to inform it, by registered letter, to all its partners in communities or societies in which is related. Societies that receive such communication must, in turn, inform with the same procedure all taxpayers having more than 10% in them.
((c) add the following final paragraph to the letter d): "without prejudice to the provisions in the preceding subparagraphs, for corporations that possess, or exploit any title goods non-agricultural roots, be taxed the effective income from such property. Shall apply in this case as provided in the last three paragraphs of the letter to) this number. "."
7 repealed article 20 bis.
8. in article 21: a.-Add to the end of the first subparagraph, the following sentence: "is excepcionaran also interests, readjustments and fines of order tax paid to the State and municipalities and the payment of the mining patents in the part that are not deductible as an expense.";
(b) replace the fourth subparagraph by the following: "in the case of corporations are members of societies of people, will apply the tax of the preceding paragraph the amounts that in accordance with the first and second paragraphs of this article shall be regarded as removed from the societies of people, except the first category tax and territorial, paid, calculating referred tribute on the part that corresponds to the company and lowering the tax as a credit of" first category affecting such games. "." and (c) add in the final paragraph, then the term "withdrawn" the sentence "without prejudice to the provisions of article 41, final subparagraph".
9 replaced by title II, paragraph 3 °, the title of "the determination of first category income" by "Of the tax base.".
10. in article 30: added to the end of the first subparagraph, in point followed, the following: "the direct cost of extracted ore will also consider the part of the purchase price of the respective belongings that corresponds to the proportion representing the extracted ore in total ore deemed technically contains the corresponding group of possessions, in the form determined by the regulations.".
11.-in article 31: to) replace the second paragraph of the 3rd by the following number: "losses from prior years, may also be provided that the requirements of the preceding paragraph. For these purposes, losses for the year must be attributed not withdrawn or distributed profits, and those obtained in the financial year following that in which such losses occur, and if the utilities concerned were not sufficient to absorb them, the difference must be attributed to exercise immediately following and so on. In the event that losses to absorb wholly or partially not withdrawn or distributed profits, first category tax paid on such profits shall be regarded as interim payment on that part proportionally corresponding to the input utility, and the rules of adjustability, imputation or return that point to articles 93 to 97 of this Act shall apply. ";
(b) add in the final paragraph of the number 3 °, then the expression "liquid income" the word "tax";
(c) replaced in the number 5 ° in your final paragraph point (.) by a comma (,) and added the sentence "without prejudice to the provisions of the first paragraph of article 30";
(d) add the following third subparagraph to the number 6: "However, will be accepted as expenditure the remuneration of the societies of persons partner and managing partner of limited partnerships for actions, and which is assigned to the individual entrepreneur, effectively and permanently working in the business or company, up to the amount that would have been fond of compulsory social security contributions. In any case such remunerations shall be deemed income from article 42, number 1. "(, y e) replaced subsection first number 7 ° by the following:" 7 ° made grants whose sole purpose is the implementation of instructional programs Basic or medium free, technical, professional or University in the country, whether private or tax, just as does not exceed 2% of the liquid taxable income or 1.6% of the equity of the company or the company to the "" term of the corresponding year. This provision will not be applied to affected the Act No. 16,624 companies. "."
12.-in article 33: at) replaced into the first part of the first paragraph the expression "first category" with "taxable";
((b) delete letter to) and your number 1 ° c) omitted the number 4 °, passing the current number 5 ° to 4 °.
13 Add the following article 33 bis: "article 33 bis.-taxpayers who declare the first category tax effective income determined according to full accounting, shall be entitled to a credit equivalent to 2% of the value of the physical assets of the fixed assets, acquired new or completed build during the exercise." In the built property will not give right to credit works consisting of maintenance or repair of the same. Nor shall entitle to credit assets that can be used for residential purposes or transport, excluding trucks, single cabin pickup trucks and others intended exclusively for the carriage of cargo.
The credit established in the preceding paragraph shall be deducted from the first category tax that is payable by the income for the year in which occurs the acquisition or the construction term, and produce excessive, will not give right to return.
For the purposes of calculating the credit, goods shall be considered by its value updated to the end of the financial year, in accordance with the rules of article 41 of this law, and before deducting the corresponding depreciation.
In any case, the annual amount of the credit may exceed 500 units per month, whereas the value of the monthly tax unit of the month of year-end tax.
The credit established in this article shall not apply to undertakings of the State or companies in which the State, its agencies or companies or municipalities have a stake or interest exceeding 50% of the capital.
Nor shall apply such credit with regard to goods that a company deliver in lease with option to purchase.
For the purposes of this article means that they part of the physical assets the new movable body that a company takes in lease with option to purchase. In this case the credit is calculated on the total amount of the contract. "."
14.-Article 34: to) first replaced the chapeau of the paragraph by the following: "income derived from mining will be taxed according to the following standards:";
(b) add in subsection first number 1 °, then the expression for"actions", the prayer "and taxpayers specified in paragraph 2 of this article,";
(c) add the following final paragraph to the number 1 °: of the number 1 ° of article 20, where appropriate. " That do not comply with them will be subject to the regime of the number 2 ° of this article. However, for the purposes of the provisions of the second paragraph of the letter b) of article 20, shall not be considered legal entities legal mining companies incorporated solely by natural persons. ';
(d) replace the 2nd number by the following: "2.-corporations and the limited partnership by shares, shall be subject to the first category tax on their effective income determined according to full accounting." Equal tax system will be subject to other taxpayers that any title to possess, or to exploit mineral deposits whose annual sales exceed 36,000 tons of non-ferrous Metallic ore, or with annual sales, whatever the ore, exceed 6,000 annual tax units. To this effect, sales of each month should be expressed in monthly tax units according to the value of this in the respective period.
The taxpayer who by the standards of this article is obliged to declare their effective incomes according to full accounting, will be effective from January 1 of the year following that in which meet the requirements that such a regime requires and can not return to the system of presumed income. Except the case in which the taxpayer has not developed mining activities for five consecutive years or more, case in which must be to the General rules laid down in this article to determine if apply or not the regime of effective income. For the purposes of computing the period of five years shall be considered taxpayer develops mining activities when it leases or give in any way the enjoyment of mining concessions whose property or usufruct retains.
To establish if the taxpayer meets any of the limits contained in subparagraph first of this number, you must add to the total sales of the taxpayer total sales of societies, excluding the open corporations, with which the taxpayer is related and mining activities. In the same way, the taxpayer should consider sales of the communities of which it is commoner. If to carry out the described operations the result exceeds any of the referred limits, both as societies the taxpayer or communities with which it is related must determine the tax in this category on the basis of effective income according to accounting full.
If a natural person is related to one or more communities or corporations, excluding the open, that develop mining activities, to establish if these communities or companies exceed the limits referred to in the first paragraph of this number, should add up the total sales of the communities and societies with whom the person is related. If when performing the operation described the result obtained exceeds the above limits, all societies or communities with whom the person is related shall determine the tax in this category on the basis of effective income according to full accounting.
People take in lease, or that another mere holding title to explode, the whole or part of property of taxpayers who must file returns in accordance with the provisions of this number, will be subject to the same regime.
After applying the rules of the preceding subparagraphs, taxpayers with annual sales not exceeding 500 annual tax units, whatever ore, may continue subject to the system of presumed income. Rules of the third and fourth subparagraphs of this issue shall not apply to determine the limit of sales referred to in this subsection.
For the purposes of this issue the concept of person related to a society means in the terms laid down in article 20, number 1, letter b).
The taxpayer who is obliged to file your taxes on effective income effect of relationship standards to inform it, by registered letter, to all its partners in communities or societies in which is related. Societies that receive such communication must, in turn, inform with the same procedure all taxpayers having more than 10% in them. "." (and e) repeal the 3rd number and the second and third subparagraphs of this article 34.
15 Add the following article 34 bis: "article 34 bis.-income derived from the activity of land transport will be taxed according to the following rules: 1 °-taxpayers who in any capacity, holding or operating motorized land transport vehicles, will remain subject to the first category tax effective rents, according to accounting, which obtained from such activity, without prejudice to the provisions of numbers 2 ° and 3 ° of this article."
2°-presumed right to the taxable liquid income of taxpayers who are not corporations or limited partnerships for actions, and that they exploit any title in land passenger transport, motor vehicle is equivalent to 10% of the current value in square of each vehicle, by the Director of the internal revenue service to be determined at 1 January of each year in which tax should be declared.
3°-presumed right to the taxable liquid income of taxpayers, who are not corporations or limited partnerships for actions, and that they meet the requirements listed below, that they exploit any title motor in the freight transport vehicles outside, is equivalent to 10% of the current value in square of each vehicle and its respective trailer , trailer or similar cart, determined by the Director of the internal revenue service to the 1 January of the year in which tax should be declared.
To qualify for the system of presumptive income communities, cooperative societies of persons or other legal persons, must be only formed by natural persons.
The tax regime referred to in this issue does not apply to taxpayers who obtain first category income why should tax effective income according to full accounting.
Only taxpayers whose services billed at the end of the year does not exceed 3,000 monthly tax units may be subject to the arrangements of presumption of income referred to in this issue.
The taxpayer who is compelled to testify their effective incomes according to complete accounting, by application of the preceding subparagraphs, it will be effective from January 1 of the year following that in which the requirements there mentioned and may not return to the regime of presumptive income. Except the case in which the taxpayer does not has developed activities as carrier for five consecutive years or more, case in which must be to the General rules laid down in this issue to determine if apply or not the regime of presumptive income. For the purposes of computing the period of five years shall be considered taxpayer carries out activities as a carrier when you lease or cede in any way the enjoyment of vehicles whose ownership or usufruct preserves.
To establish if the taxpayer meets the requirements contained in the fourth paragraph of this issue, you must add to invoiced services services billed by the companies total, excluding corporations open and, if communities that are related and that activities of foreign freight transport. If to carry out the described operations the result exceeds the limit established in the fourth subparagraph of this issue, both the taxpayer as societies or communities with which it is related must determine the tax in this category on the basis of effective income according to accounting full.
If a natural person is related to one or more communities or societies, excluding anonymous open, operating vehicles as foreign freight forwarders, to establish whether these communities or societies exceeding the limit referred to in the fourth subparagraph of this number, must add the total of services billed by societies or communities with whom the person is related. If at the time of the described operation the result exceeds the limit established in the fourth subparagraph of this number, all societies or communities with which the person is related must pay tax in this category on the basis of effective income determined according to full accounting.
People who take in lease or that another mere holding title to exploit motor vehicles of land freight, of taxpayers who must file returns in accordance with the provisions of this item number 1 °, shall be subject to the same regime.
After you apply the preceding subparagraphs standards, taxpayers with annual sales not exceeding 1,000 monthly tax units may continue subject to the system of presumed income. Sixth and seventh subparagraphs of this number rules shall not apply to determine the boundary of sales referred to in this subsection.
Without prejudice to the provisions in the preceding subparagraphs, taxpayers may choose to pay the tax in this category by effective income on the basis of full accounting. Once exercised this option not may rejoin the system of presumption of income.
The exercise of the option referred to in the preceding paragraph must be practised within two months of each business year, understanding in consequence that the incomes obtained as of this year will be taxed in accordance with the effective income regime.
For the purposes of this issue the concept of person related to a society means in the terms laid down in article 20, number 1, letter b).
The taxpayer who is obliged to file your taxes on effective income effect of relationship standards to inform it, by registered letter, to all its partners in communities or societies in which is related. Societies that receive such communication must, in turn, inform with the same procedure all taxpayers having more than 10% in them. "."
16 replace bis article 38 with the following: "(article 38 bis.-taxpayers forced to declare their effective income according to full accounting, which put its twist ending, be considered withdrawn or distributed income or amounts determined to that date, as provided in article 14, letter to)(, número 3°, c), or in the article 14 second subparagraph bis" , as appropriate, including those of the exercise.
These taxpayers will be taxed by such income or amounts with a 35% tax, which will have the character of one of this Act with respect to the company, employer, partner or shareholder, not number 3 ° of article 54 provisions being applicable to them. This tax does not apply to the part of income or amounts that correspond to the partners or shareholders who are legal persons, which shall be deemed withdrawn or distributed to the partners at the date of the end of turn.
However, the employer, partner or shareholder, may choose to declare income or amounts concerned, as you conveyed to the complementary global tax for the year of the term of rotation in accordance with the following rules: 1.-these revenues or quantities are them a fee supplementary global tax equivalent to the average of the highest rates of this tax that have affected taxpayers in the three years prior to the end of turn. If the company which places term had less than three years existence average is calculated by the exercise of effective existence. If the company had existed only during the exercise that puts term of rotation, then the income or amounts indicated will be taxed as income for the year according to the General rules.
2 incomes or quantities referred to in the previous number shall have of the provision of article 56, number 3), which will be applied at a rate of 35%. For these purposes, credit must be added at the base of the tax in the manner prescribed in the final paragraph of number 1 of article 54. "."
17 replaced in article 40, number 6 °, the expression "to articles 14 bis and 20 bis" by the following: "to article 14 bis".
18 Agreganse the following sub-paragraphs to article 41: "in the case of the alienation of rights in societies of people making members of societies of persons or shareholders of the closed joint-stock companies or shareholders of open joint stock companies own 10% or more of the actions, to the company or respective society which have interests, for the purposes of determining the income from that operation be deducted alienation price the value of contribution or acquisition of such rights, increased or decreased depending on the case, by increases or decreases in capital later made by the seller, unless contribution, acquisition or capital increases values have their origin in incomes that have not paid wholly or partly taxes of this law. For these purposes, values must be readjusted according to the variation of the price index consumer between the last day of the month prior to the acquisition or contribution, increase or decrease of capital, and the last day of the month preceding the alienation. The provisions of this paragraph will also apply if the taxpayer who alienates the rights were obliged to determine your effective income through full accounting, calculating the present value of the rights in accordance with number 9 of this article.
For the purposes of the preceding paragraph, when the alienating social rights is not obliged to testify your effective income accounting complete and it has expressly renounced the reinvestment of the highest value obtained in the alienation, usefulness in society corresponding to the highest value of the alienated social rights shall be deemed not establishing income from rent. The first category tax which is paid by those utilities will constitute a provisional payment of the society in the month that the withdrawal or distribution is made.
19 replaced the second paragraph of article 46 by the following: "in the case of difference or balances remuneration or accessory or complementary remuneration payable in more than one period and that they are paid late, differences or balances will become tax units and will be located in the corresponding periods, reliquidando according to the value of the quoted unit in the respective periods."
Resulting tax balances are expressed in tax units and will be solved in the equivalent of these units the month of payment of the corresponding remuneration. "."
20.-in article 54, introducense the following amendments: to) replace the fourth subparagraph of 1 ° by the following number: "the totality of the amounts distributed to any title by public limited liability companies and limited partnerships by shares, incorporated in Chile, with regard to its shareholders, except for the distribution of profits or accumulated funds arising from amounts that do not constitute income will they understand also without prejudice to provisions of article 29 with respect to numbers 25 and 28 of article 17, or that they carried out in the form of wholly or partly paid-up shares and by increasing the nominal value of the shares, all this representative of an equivalent capitalisation and the distribution of shares of one or more new companies resulting from the division of a corporation." (,) and (b) Agreganse final following subparagraphs to the number 1 °: "Regards the incomes referred to in the fourth paragraph of number 8 of article 17 and in the penultimate paragraph of article 41, these will be included when they have earned.".
"(Cuando corresponda aplicar el crédito establecido en el artículo 56, número 3), an equivalent to this amount will be added to determine the overall gross income of the same period and shall be regarded as an amount affected by the first category for the calculation of such credit tax.".
(21. in article 55: added in (b)), then the endpoint, which happens to be point followed, the following sentence: "this deduction will not proceed by contributions corresponding to the remuneration referred to in the third paragraph of number 6 of article 31".
22.-in article 56: to) replace the subparagraph first number 3) by the following: "3) the amount resulting from applying to income or amounts that are included in the overall gross income, the same rate as the first category tax which is taxed." Natural persons who are partners or shareholders of companies, for the quantities obtained by them in his capacity as partners or shareholders of other companies, on the other hand will also be entitled to this credit these amounts that integrate the global gross income of persons mentioned. "(, y b) add the following final paragraph:" credits or deductions that the laws allow lowering the tax established by this Act and who are entitled to refund of the surplus is "" apply below for those not subject to reimbursement. "."
23.-in article 58: to) added to the end of the number 1, point followed, the following paragraph: "These effects, the tax referred to in this number shall be regarded as forming part of the tax base represented by gross withdrawals or remittance";
(b) in paragraph 2, delete the prayer "and except, also, in the event of liquidation of the respective society, returns of capital adjusted in accordance with the law", removing the comma (,) that precedes it;
((c) be replaced at number 2 the last sentence by the following: "Finally, be excepcionara the distribution of shares of one or more new companies resulting from the division of a joint stock company.", and d) add the following paragraph to the number 2.:
"Where appropriate apply the credit referred to in article 63 of this law, an amount equivalent thereto to determine the taxable with the additional tax base will be added and will be regarded as the sum affected by the first category for the calculation of such credit tax.".
("(24.-En el artículo 62, efectúanse las siguientes modificaciones: a) in the fifth paragraph, replace the sentence" the first category tax paid, covered"with the following": the first category tax and the territorial contribution paid, including ", and b) Agregase following final subparagraphs:"in the case of income referred to in the fourth paragraph of article 17 number 8 ° and in the penultimate paragraph of article 41 , these will be included when they have earned. "." Where applicable apply the credit referred to in article 63 of this Act, an amount equivalent to this will be added to determine the taxable income of the same period of the additional tax and shall be deemed as sum affected by the first category for the calculation of such credit tax. "."
25.-in article 63: to) replace the subparagraph first with the following: "article 63.-taxpayers of the additional tax you will be a credit equal to the amount resulting from applying the amounts taxed in accordance with articles 58, 60, first paragraph and 61, the same rate as first category that affected them.";
(b) replace the second paragraph by the following: "Equal credit shall enjoy taxpayers subject to the tax of this title on that part of their income from Chilean source that corresponds to them as partner or shareholder of societies, for the quantities obtained by them in his capacity as partners or shareholders of other companies.".
(c) add the following final paragraph: "credits or deductions that the laws allow lowering the tax established by this Act and who are entitled to refund of the surplus will apply then those not subject to reimbursement.".
26 replaced in article 74, number 4, first subparagraph, the last part which begins with the words "Case of income" by the following: "However, for consignment, withdrawal, distribution or payment of utilities or the quantities withdrawn or distributed within the meaning of article 14 bis, the retention shall be effected with rate of 35%, with deduction of credit established in article 63. In the case of dividends paid by corporations or limited partnerships for actions, if the deduction of credit found improper, totally or partially, society must return to the Treasury credit deducted in excess, on behalf of the taxpayer of the additional tax. This amount shall be paid reset in the proportion of the variation of the index of prices to the consumer and the last day of the month prior to the retention of the last day of the month preceding the presentation of the Declaration of income tax of the company, opportunity in which restitution should be. "."
27.-in article 84: a) replaced the letter to) with the following: "a) (a percentage of the amount of the monthly gross income received or earned by taxpayers who develop activities referred to numbers 1, letter to) (tenth paragraph of the letter b) (and final paragraph of the letter d), 3 °, 4 ° and 5 ° of article 20" by taxpayers of article 34, number 2 ° and 34 bis, 1 °, declaring taxes upon income effective. For the determination of the amount of the gross monthly income, you will be the rules of article 29.
The percentage referred to in the preceding paragraph shall be established on the basis of the average weighted percentages that the taxpayer must apply to monthly gross income of the preceding commercial year, but due to increased or decreased by the percentage difference occurs between the amount of mandatory interim payments, updated in accordance with article 95, and the total amount of the first category tax which had to pay for the indicated exercise without considering the resetting of article 72.
If the amount of mandatory interim payments had been less than the amount of the annual tax indicated in the preceding paragraph, the percentage difference will increase the average of the percentages of certain interim payments. Otherwise, the percentage difference will decrease in equal percentage aforementioned average.
The percentage so determined shall apply to the gross income of the month to be submitted the Declaration of income tax return for the previous business year and until the month preceding that revenue in the next statement of income must arise.
In cases in which the percentage referred to in the preceding paragraph is not determinable, by losses have occurred in the previous year or cannot be determined because it is the first commercial exercise or by other circumstances, it shall be considered that this percentage is 1%.
Sales that are made by third parties are not considered, for these purposes, as gross income. In the case of provision of services, will not be considered gross income amounts that taxpayer request from your customer as reimbursement of payments made by the customer, provided that such payments and refunds to which they give rise are checked with reliable documentation and register on properly individualized accounting, not global or rough form. ";
((b) replace the letter d) with the following: "d) (unless the taxpayer referred to in to) of this article, the miners subject to the provisions of this law will give compliance to the required monthly payment, with the retentions referred to the 6th item number 74";
(((((c) added in the letter e), after the expression "34" the term "bis": d) replaced the letter f) with the following: "f) 0.2% of the current square of vehicles, regarding taxpayers referred to in number 3 ° of article 34 bis which are subject to the regime of rent alleged.", and e) add the following final paragraph: "for the purposes indicated in this article , will not be part of gross income the resetting of the interim payments referred to in paragraph 3 of this title. '. "
28.-added following article 86 article 86.-the taxpayer during a commercial exercise to obtain gross income to fully or partially exempt from the first category tax incomes, and who had not granted them in the previous business year, will reduce the rate of mandatory interim payment referred to in article 84 letter to), in the same proportion that corresponds to exempt incomes within income every month in which it occurs. The thus reduced rate applies only for the month or months in which the aforementioned situation occurs. "."
29 Article 90 replaced with the following: "article 90-the first category taxpayers that obtain losses for the purpose of declaring such a tax, in a marketing year may suspend interim payments for gross revenues for the first quarter of the following marketing year." If the situation of loss is maintained in the first, second and third quarters of this commercial exercise, or occurs in any of the mentioned quarters, they may suspend interim payments corresponding to the gross income of the quarter following that in which the loss occurred. Produced utility in any quarter, must resume provisional payments corresponding to the gross income of the quarter immediately following.
Taxpayers who are in a position to suspend the monthly interim payments shall maintain a State of loss and retained earnings until the respective quarter available to the internal revenue service. This state of gains and losses should be adjusted according to the rules that this Act provides for the calculation of the taxable liquid income of first category, including consideration of drag losses, if any, and the adjustments resulting from the indexation mechanism.
The making of a maliciously false or incomplete state of gains and losses, will result in the application of the maximum of the sanctions referred to in article 97, number 4 °, of the tax code, without prejudice to the criminal interests and readjustments proceeding through interim payments not made. "."