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chilean tax structure - TTN Transnational Taxation Network

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OTHER TAX AVOIDANCE VEHICLES<br />

• Art. 38 BIS, allows for no capital gains on the sale of shares of certain companies with<br />

importance presence in the local stock market<br />

• DFL 2 of 1959, allows for certain <strong>tax</strong> benefits related with income generated with<br />

certain type of property (residential less 140 mts2). No inheritance or donations <strong>tax</strong><br />

(first transfer only) no income <strong>tax</strong> from rental.<br />

• Personal Real Estate: No capital gains <strong>tax</strong> on personal real estate<br />

• Usufruct. Income Tax Law provides that the increase in price of the nude property,<br />

does not affect the holder of the usufruct on consolidation<br />

• Agricultural Activity: allows for a system of, “presumed income” in relation to<br />

appraisal of farm property<br />

• Forests: native or planted forests under DL 701 are not subject to donation <strong>tax</strong>.<br />

• Freedom to agree on distribution of profits allows to transfer patrimony from the rich<br />

partner to the heirs.<br />

• Non payment of personal income <strong>tax</strong> until distribution.<br />

• Easter Island: No income <strong>tax</strong> paid as long as profits not distributed – allows to sell<br />

Easter Island company with no <strong>tax</strong>es<br />

36<br />

Recent <strong>tax</strong> developments in Chile<br />

May, 2007

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