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Tax

Chile

We stand alongside you in the dialogue, design, and execution of efficient tax structures during the development of your business, as well as in company restructuring, purchasing, and sale of assets or companies.

Our experience in tax law permanently intersects with our work in our other areas of practice, particularly with Mergers & Acquisitions. We are able to detect possible contingencies and tax consequences, and provide solutions as well as efficient structures for organisation as well as for investment, tailor-made for each case.

We specialise in the application of international agreements so as to avoid Double Taxation.

At CMS Carey & Allende we also guide you offering solutions for the protection of your property. We endeavour to design strategies that allow for the conservation or efficient transferal of resources that have been pooled throughout a person’s professional career. An important part of our practice is comprised of analysing, designing, and implementing tax planning for high net-worth individuals and families.

Our experts can represent you in administrative and judicial proceedings on matters of control, liquidation, and tax law trials.

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"They are fully dedicated and have excellent knowledge of tax matters"

Chambers Latin America 2019

"The service provided is excellent. The lawyers provide accurate, prompt and up-to-date advice and show in-depth knowledge of tax matters"

Chambers and Partners Latin America - 2018

"The group is visible in the retail, hospitality and veterinary sectors among others. Chilean casino and hotel operator Dreams recently hired the firm to create a tax efficient structure for its billion dollar tie-up with South African hotelier Sun in a prime example of the firm’s high-rolling pulling power"

Latin Lawyer 250 - 2018

"Quick to respond and accommodating of business needs; the team also has the ability to look at a business’ bigger picture and make appropriate recommendations"

The Legal 500

"The team is very skilled in tax planning and in assessing the tax contingencies that could occur as a result of the implementation of contracts or the closing of transactions"

Chambers and Partners Latin America
Tax avoid­ance in a glob­al­ised world
This Guide il­lus­trates the on­go­ing de­vel­op­ment of anti-avoid­ance tools on every con­tin­ent. Africa, Europe, Lat­in Amer­ica and Asia are equally con­cerned. In­spired by the OECD and stim­u­lated by European Dir­ect­ives, vir­tu­ally every coun­try has strengthened its toolkit against ag­gress­ive tax plan­ning. This pub­lic­a­tion how­ever shows how dif­fer­ent tax sys­tems re­main in this re­spect. While most of them pur­sue the same ob­ject­ives, the real tax world does not look like a mere trans­pos­i­tion of BEPS. This is one of the main find­ings of this Guide which provides for a unique over­view of tax sys­tems and will there­fore be very use­ful for tax prac­ti­tion­ers.
07/06/2017
Tax Con­nect Flash | Chile | Con­ven­tions to elim­in­ate Double Tax Treat­ies
As of 1 Janu­ary 2017, the Con­ven­tions to elim­in­ate Double Tax Treat­ies (DTT) with China, Italy, Ja­pan, and the Czech Re­pub­lic came in­to force. All DTTs signed by Chile – cur­rently 32 – are based mainly on the OECD's Mod­el Tax Con­ven­tion, and con­tem­plate re­duc­tions of in­come tax rates gen­er­ally ap­plic­able in mat­ters of cor­por­ate profits, di­vidends, in­terest, roy­al­ties and oth­ers.It should be noted that so far the gen­er­al rate of in­come tax on in­terest paid to coun­tries without DTT amounts to 35% (called Ad­di­tion­al Tax) and re­gard­ing those with DTT was 15%.Now, the im­port­ant news of DDTs with China and Ja­pan is that they es­tab­lish a lower in­terest rate, re­du­cing it from 15% to 10%. However, the 15% rate will be main­tained for the next two years and will only fall to 10% as of 2019.The rate re­duc­tion is es­pe­cially rel­ev­ant when tak­ing in­to ac­count that Chile holds 19 DTTs that con­tain a “most favored na­tion” clause (MFN) in terms of in­terest. This MNF ap­plies to these 19 DTTs any treat­ment which is more be­ne­fi­cial that Chile might agree with an­oth­er State.In this way, the DTTs which would be­ne­fit from the re­duc­tion in in­terest tax­a­tion, are as fol­lows: Aus­tralia, Aus­tria, Bel­gi­um, Canada, Korea, Den­mark, Ecuador, France, Ire­land, Mex­ico, New Zea­l­and, Po­land, Paraguay, United King­dom, Sweden and Switzer­land. This will al­low fin­an­cing from these coun­tries to Chilean com­pan­ies to be more fa­vour­able.In con­trast, the DTTs in force with Brazil, Colom­bia, Croa­tia, Malay­sia, Peru, Por­tugal, Rus­sia, South Africa and Thai­l­and do not con­tain an MFN on in­terest rate re­duc­tion and will main­tain their cur­rent rate of 15%.

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30 March 2020
TAX RE­LIEF MEAS­URES
Para ay­udar a las empre­s­as a li­di­ar con al­gunas de las con­secuen­cias eco­n­óm­icas del brote de Cov­id-19, los gobi­ernos han to­mado me­di­das eco­n­óm­icas y fisc­ales para ay­udar a las empre­s­as a ad­min­is­trar su flujo de caja. Y para al­gunas empre­s­as, es­tas me­di­das
08 July 2020
CMS Ex­pert Guide to cli­mate change tax re­forms and in­cent­ives
16 July 2019
An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
Data Pro­tec­tion The European Gen­er­al Data Pro­tec­tion Reg­u­la­tion raises at least two is­sues in par­tic­u­lar in this con­text. First: is pseud­onym­ous in­form­a­tion per­son­al data? Second: how can a “right...
20 November 2019
Tax Alert
Cristóbal high­lights From the Frame­work for Un­der­stand­ing the Tax Re­form, which con­tains meas­ures to ad­just the cur­rent tax mod­ern­isa­tion bill cur­rently in Con­gress.
25 March 2020
CMS Ex­pert Guide to COV­ID-19 tax re­lief meas­ures
11 July 2019
An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
Rem­ed­ies: In Prin­ciple The ori­gin­al Bit­coin White Pa­per stressed the im­port­ance of trans­ac­tions not be­ing re­vers­ible. Ir­re­vers­ib­il­ity is a func­tion of Bit­coin, de­lib­er­ately de­signed to re­duce trans­ac­tion...
08 July 2019
An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
Jur­is­dic­tion­al is­sues Many com­ment­at­ors note that true de­cent­ral­isa­tion im­plies that en­force­ment of ob­lig­a­tions must be ef­fected through the sys­tem. A per­mis­sioned sys­tem may in­clude con­ven­tion­al gov­ern­ing...
03 July 2019
An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
Leg­al Per­son­al­ity De­term­in­ing wheth­er a sys­tem has leg­al per­son­al­ity has im­plic­a­tions for many of the ques­tions con­sidered in re­la­tion to this top­ic. In 'Ho­ri­zon Scan­ning — Block­chain: The Leg­al Im­plic­a­tions...
19 June 2019
An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
Block­chain and oth­er dis­trib­uted ledger tech­no­lo­gies (DLT) are ap­proach­ing the main­stream. Tech­no­logy com­pan­ies of­fer products for com­mer­cial pro­jects. IB­M's Block­chain Plat­form ref­er­ences “500+ cli­ent...
17 May 2018
Ar­ti­fi­cial In­tel­li­gence and Ro­bot­ics: From a La­bour and Tax Per­spect­ive...
Mod­ern in­form­a­tion tech­no­logy, in­tel­li­gent al­gorithms and pro­duc­tion ro­bots are strongly in­flu­en­cing the work­ing world in the 21st cen­tury. Every­day tasks are already be­ing per­formed by in­tel­li­gent al­gorithms....