Decree Law No. 3,063, of 1979 (Municipal Revenues)
It is established that companies or investment companies that obtain passive income are subject to municipal license tax.
According to the transitory rules, this amendment only aims to provide legal certainty on this subject (after a few contradictory court rulings on this regard) and cannot be used as a basis for requesting refunds or making charges for periods prior to its entry into force.
Executive order N° 2 of 1959
Real estate or its domain quotas that taxpayers acquire by succession by cause of death, will be considered in the maximum limit of two properties for taking advantages of the tax benefits of the DFL N°2. The above-mentioned limitation will not affect real estate acquired before the entry into force of the Tax Modernization Project.
Private equity funds
Incorporation of new requirements for their constitution: a minimum of 8 unrelated contributors is required, who may not hold more than 20% of the paid-in contributions to the fund.
Contribution to regional development
Incorporation of a new contribution for regional development on investment projects that (i) are developed by Corporate Tax taxpayers carrying full accounting records; (ii) involve an investment of US$10 million or more in fixed assets, and (iii) must go through a review of the Environmental Impact Assessment System.
The contribution will be applied on the amount exceeding US$10 million of investment, with a rate of 1%.
The projects destined exclusively to health, education, scientific, technological development and research, and housing and office construction activities will be exempt from this contribution, with prior authorization from the Ministry of Finance.
- The taxable event is modified by making it conditional on an annual emission limit being exceeded (and not by installed capacity). Thus, the Green Tax is levied on all emissions of polluting compounds that are emitted over (a) 100 or more tons per year of particulate material or (b) 25,000 or more tons per year of CO2.
- The possibility of offsetting the taxed CO2 emissions through the implementation of projects to reduce the emissions of the same pollutant is established, subject to such reductions being additional, measurable, verifiable and permanent. Territorial limits are specified in which offsetting projects may be implemented, as well as the information procedure, among other details.
- The means of challenge of the tax payment order issued by the IRS are specified.
Surcharge of Real Estate Tax
A surcharge of Real Estate Tax is established, applied on the tax appraisal of real estate that jointly exceeds 670 Annual Tax Units (“UTA”, in spanish) (app. US$ 530,000)
- The surcharge applies to individuals, corporations and entities without legal personality who directly own real estate. It does not apply to indirect owners nor taxpayers under the SME Regime.
- It is calculated on the “Total Fiscal Appraisal”, that is, on the sum of the fiscal appraisals of each of the real estate owned by the same taxpayer.
- Progressive rate, ranging from 0.0075% on 670 UTA of Total Fiscal Appraisal, to 0.275% on 1,510 UTA and above.
- It accrues annually as of January 1 of each year, considering the real estate registered at the name of the taxpayer as of December 31 of the previous year.
Benefits for certain senior citizens
Incorporation of a 100% or 50% reduction in real estate tax for senior citizens who maintain annual income that does not exceed the exempt or the first bracket, respectively, of the Global Complementary Tax.
Decree Law No. 3,529 of 1980
Bonuses to productive investments in extreme regions are extended until year 2035.
Law No. 19,606 of 1999 (Austral Law)
Benefit of tax credit for investments made in regions XI and XII and in the province of Palena, destined to the production of goods or service, is extended to the year 2035 and the possibility of its recovery until year 2055.
Law No. 19,853 of 2003
Bonuses to hiring labor in regions I, XI, XI, XII and the provinces of Chiloé and Palena are extended until year 2035.
Law No. 19,709 of 2001
The preferential customs and tax regime with respect to industrial manufacturing companies whose sole purpose is to produce inputs, parts or pieces or repair capital goods for mining and which will subsequently be physically installed in the municipality of Tocopilla, Region II of Antofagasta, extends until 2035.