12 April 2016

Chilean Internal Revenue Service specifies how to elect to pay the 32% substitute tax on accumulated profits and claim WHT exemption on commissions paid on unreported transactions

In recently released guidance, the Chilean IRS specified how Chilean companies may elect and pay the 32% substitute tax on accumulated taxable profits and report commissions paid abroad from 2010 through 2014 that were not reported to Chilean tax authorities.

Background

Law 20,899, enacted on February 8, 2016, allows Chilean companies to pay a 32% substitute tax on all or part of their accumulated taxable profits balances as of December 31, 2015 and December 31, 2016. They may also credit any First Category Taxes (Corporate taxes) paid against the 32% substitute tax.

Profits subject to the 32% tax are not subject to the 35% dividend withholding tax upon distribution to foreign shareholders and may be distributed ahead of other accumulated taxable profits.

Chilean companies may elect and pay the 32% substitute tax at any time during 2016 on all or part of their accumulated taxable profits balance as of December 31, 2015 and until April 30, 2017, on all or part of that balance as of December 31, 2016

Additionally, Law 20,898 effectively allows companies to report commissions paid abroad from 2010 through 2014 on unreported transactions for purpose of apply withholding tax exemptions. The deadline for reporting these payments is June 30, 2016.

Guidance

In Resolution No. 27 (issued April 5, 2016), the IRS requires Chilean companies electing to pay the 32% substitute tax file Form No 50 electronically.

In Resolution No. 28 (issued April 5, 2016,) the IRS requires Chilean companies interested in claiming withholding tax exemptions for commissions paid abroad from 2010 through 2014, on transactions that were not reported to tax authorities to file Form 1854 electronically by June 30, 2016. Companies must report the 2010 through 2014 commissions with their 2015 commission payments.

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Contact Information
For additional information concerning this Alert, please contact:
 
Latin American Business Center
Manuel Ramirez+502 2386 2407
Delia Cantoral+502 2386 2431
Rafael Sayagues+506 2208 9880
Alexandre Barbellion+506 2208 9841
Ernst & Young Limitada, Santiago Chile
Osiel Gonzalez+56 2 676 1141
Fernando Leigh+56 2 676 1359
Felipe Espina+56 2 676 1328
Antonio Guzmán(212) 773-1736
Ernst & Young LLP, Chilean Tax Desk, New York
Mabel Pinto+1 212 773 1448
Ernst & Young LLP, Latin American Business Center, New York
Pablo Wejcman(212) 773-5129
Ana Mingramm(212) 773-9190
Enrique Perez Grovas(212) 773-1594
Ernst & Young LLP, Latin American Business Center, London
Jose Padilla+44 20 7760 9253

Document ID: 2016-0662