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Chile<br />

Taxes on wages and employment<br />

• <br />

<br />

<br />

Revenue from such instruments will not be levied until<br />

it is actually withdrawn by the individual, or until a cap<br />

<br />

• <br />

<strong>tax</strong> re<strong>for</strong>m are to take place in 2017.<br />

VAT, GST and sales <strong>tax</strong>es<br />

• Relevant changes to VAT shall take place in 2016.<br />

• The right-wing opposition, on the other hand, is having its<br />

<br />

scandal on illegal campaign funding, which has triggered<br />

criminal investigations and <strong>tax</strong> audits affecting several<br />

politicians.<br />

2.7 Current <strong>tax</strong> <strong>policy</strong> and <strong>tax</strong> administration<br />

leaders<br />

• Michel Jorrat, IRS Commissioner<br />

• <br />

k<strong>ey</strong> leader of the <strong>tax</strong> re<strong>for</strong>m<br />

2.5 Fiscal stimulus in <strong>2015</strong><br />

<br />

<br />

<br />

<br />

<br />

2.6 Political landscape<br />

• <strong>2015</strong> is the second year of the Bachelet administration.<br />

<br />

re<strong>for</strong>m, and 2014 certainly did not come up short with it,<br />

as both major <strong>tax</strong> and education overhauls entered into<br />

Congress <strong>for</strong> discussion. The <strong>for</strong>mer has already passed<br />

(though still pending implementation), and the latter is<br />

currently undergoing a heated discussion. <strong>2015</strong> will also<br />

<br />

already set in motion.<br />

• All of the above projects responded to popular claims<br />

<br />

administration (2010-14). However, the actual content of<br />

the re<strong>for</strong>ms shows spots of controversy even within the<br />

<br />

<br />

<br />

Constitutional re<strong>for</strong>m is also on the agenda in <strong>2015</strong>, while<br />

the opposition has begun talking of “re<strong>for</strong>m frenzy.”<br />

• <br />

convince voters that the re<strong>for</strong>ms are the right actions<br />

to take, and that th<strong>ey</strong> will not have a negative effect on<br />

employment and the economy (which was not running as<br />

many felt it should be at the time Michelle Bachelet took<br />

<br />

announced will be introduced to debate.<br />

2.8 K<strong>ey</strong> <strong>tax</strong> <strong>policy</strong> changes in 2014<br />

• Nearly all of the <strong>2015</strong> <strong>tax</strong> <strong>policy</strong> changes will be a part of<br />

the progressive implementation of the 2014 <strong>tax</strong> re<strong>for</strong>m<br />

(whose biggest effects will commence in 2017; see the <strong>2015</strong><br />

changes above in 2.4).<br />

• From an overall perspective, <strong>2015</strong> will see a <strong>tax</strong><br />

administration that is very focused on issuing k<strong>ey</strong><br />

instructions <strong>for</strong> the proper implementation of the re<strong>for</strong>m<br />

(as there are many unresolved technical issues). The new<br />

Commissioner also seeks to distinguish his tenure as one<br />

focused on <strong>tax</strong> evasion and avoidance, and from that<br />

perspective — and especially considering the implementation<br />

<br />

probably see a more aggressive, substance-oriented <strong>tax</strong><br />

administration.<br />

• There<strong>for</strong>e, the main <strong>tax</strong> <strong>policy</strong> change we will likely witness<br />

<br />

the rest of the re<strong>for</strong>m is a more technical issue). Previously,<br />

Chile did not have a general, comprehensive set of such<br />

<br />

avoidance rules (SAARs). Most importantly, Chilean<br />

legislation did not <strong>for</strong>mally acknowledge the “substance<br />

over <strong>for</strong>m” principle, which <strong>for</strong> many decades led to a rather<br />

“<strong>for</strong>malistic” approach to several <strong>tax</strong> issues. In recent years,<br />

<br />

were adopted in 2012), the Chilean authorities have made a<br />

gradual yet steady shift from this approach, as audits began<br />

to contain more business-oriented questions and the courts<br />

started to hear words such as “<strong>tax</strong> planning” and “business<br />

purpose” more often.<br />

• <br />

as the Chilean <strong>tax</strong> administration will have express powers<br />

to qualify an operation as “abusive” or “simulated” <strong>for</strong> <strong>tax</strong><br />

purposes, disregarding its legal or contractual <strong>for</strong>m.<br />

The <strong>outlook</strong> <strong>for</strong> <strong>global</strong> <strong>tax</strong> <strong>policy</strong> in <strong>2015</strong> |<br />

55

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