Chile's Investment Guide - EY
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Content Welcome 3 1 The Chilean Economy 8 1.1 Introduction to the Chilean Economy 9 1.2 Geography and Overview of Chile 10 1.3 Economic Situation 11 1.4 Economic Records 13 1.5 Economic Sectors and Balance of Trade 17 1.6 Risk Ratings 20 1.7 Population figures 22 1.8 Chile's Performance in the Covid-19 Health Crisis 24 2 Chile’s Investment Scenario 30 2.1 Introduction to the Investment Scenario in Chile 31 2.2 Doing Business 32 2.3 Tax Regime 34 2.4 Labor Regime 39 2.5 Financial Reporting 45 3 Appendices 47 3.1 Investment Regulation and Promotion Agencies 48 3.2 Our services 51 EY Chile Contacts 55 2
Welcome Macarena Navarrete Managing Partner, EY Chile Welcome to the "Chile's Investment Guide“, which aims to provide a first look at the Chilean market and the necessary considerations to invest in this country. Chile is one of the most attractive emerging markets and traditionally leads international assessments in Latin America. Two recent examples are the 2020 versions of the World Competitiveness Ranking by the International Institute for Management Development (IMD) in Switzerland and the Index of Economic Freedom by the Heritage Foundation in which the country is ranked the highest in the region. Also, it is the market with the best credit rating in the region, according to the main risk rating agencies, showing the confidence and strength of its economy. In addition, it has a well-known drive for global integration, holding free trade agreements with 64 markets, which represent 86.3% of the world's GDP. The country has been a pioneer in policies to attract investment, with clear systems and mechanisms. This approach implies support for foreign capital that other destinations are not able to offer. Admittedly, the international context is uncertain, and in addition to the ongoing pandemic, Chile has faced a complex situation derived from the social crisis that erupted in 2019. However, the country is carrying out profound changes in an orderly manner and within its democratic institutional framework. Consequently, the 2020 referendum, in which the drafting of a new Constitution was approved, and this year's elections, to define those who will have the task of writing the text, went off without a hitch, following the country’s tradition. With this guide, we want to contribute to the deepening of the relations between Chile and the world. We will provide key information regarding the main economic, tax, legal and labor aspects, among other information, that an investor needs to know when doing business or investing in the country. The changes in Chile and the international business scenario are increasingly accelerating, so we invite you to contact us if you would like a deeper view or update of the content that you will find in the following pages. Welcome to Chile. 3
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Why EY? We are a trusted Assurance Tax partner who can Consulting help and guide you Strategy & in each stage and Transactions Managed challenge of your Services business Legal Business challenges Assure Grow In the current context it is vital to protect Driving growth for future success. your company against threats and maintain trust and credibility in the market. At EY, we help our clients identify new opportunities for their business and succeed At EY, we help you to build trust, protect and in the market. secure your business. Transform Operate The companies that adapt are the ones that The increasing volume and complexity of prevail. operational activities tend to distract leaders from driving their businesses forward. At EY, we help you plan and implement the changes your business requires to thrive and Delegating the operation and management of reach its full potential. services to EY allows our clients to lead from the strategy. How we help you solve this challenges Strategy | Consulting | Transactions | Assurance | Tax | Legal | Managed Services Technology 5
Why EY? We are leaders in Chile and the world Market share per EY audit client (1) S&P IPSA: composed of the largest and most liquid services EY non-audit client companies on the Santiago Stock Exchange. Market All other companies share is calculated based on company accounts with significant EY revenue in EY Chile fiscal year 2020. (2) IGPA: groups the majority IPSA1 IGPA2 Ranking 5003 of companies listed on the Santiago Stock Exchange. Market share is calculated based on company accounts 7% with significant EY revenue 23% 38% 26% in fiscal year 2020. 40% 38% (3) Ranking 500: composed of the 500 companies with highest revenue in Chile during year 2019. Market share is calculated based on company accounts with 53% significant EY revenue in 39% fiscal years 2019 and 2020. 36% (4) Fortune 500 and Forbes Global 2000: composed of America’s 500 largest companies and the world’s EY Global 2000 largest companies in revenue iduring 2019. Fortune 5004 Forbes Global 20004 Market share is calculated based on company accounts with at least US$500,000 in EY revenue during FY20. 16% 23% 27% 27% 61% 46% 6
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Introduction to the Chilean Economy This new edition of Chile's Investment Guide finds the country and Despite the downturn in economic figures, a strong upturn in the the world still facing an unprecedented health crisis. New waves of economy is expected in the second half of 2021. covid-19 have struck several countries deeply, having a major impact on societies and their economies. On the one hand, Chile is one of the world leaders in vaccination. According to the government, as of May, the immunization In Chile, this scenario is combined with a complex political and campaign against covid-19 has reached 69.2% of the target social background, which the country has been experiencing since population with one dose and 52.3% with two doses3. This will allow October 2019, when a period commonly called "Social Unrest" controlling the health situation and reducing mobility restrictions. began. A fare hike in Santiago's public transportation system gave rise to demonstrations and riots that began in that city but spread On the other hand, Chile is also beginning to see the effects of the throughout the country, with demands concerning social and improved situation of its trading partners, especially China, which economic inequality. has strongly boosted the price of copper in recent times. This movement has prompted the country to embark on a journey According to Oxford Economics, all of the above will influence GDP that will involve drafting a new constitution. In May 2021, Chileans to expand between 8.5% and 9.5%1 by 2021, with medium-term elected the 155 representatives of the Constituent Convention, growth averaging around 2.1%4. However, the pandemic situation who will be in charge of drafting the new text. This process will and the uncertainty due to the political and electoral processes culminate in an exit referendum in mid-2022, which will be held to cause the indicators to vary from day to day and hamper estimates approve or reject the proposed new constitutional text. of their evolution. In this context, the pandemic has hit the economy heavily, with the Despite the complex situation, Chile continues to lead the region in Gross Domestic Product falling by 5.8%1 in 2020 and unemployment terms of macroeconomic stability and financial resilience: the rising to 10.3%2. The effects were partially offset by one of the current account deficit has been contained, the net public debt is most robust goverment responses in the region, which included very moderate, the financial system is well regulated, and inflation cash transfers, tax deferrals and reductions, liquidity provisions expectations are well grounded, thanks to an independent and and collateral, and several withdrawals from pension funds. highly credible central bank. The country also has a financial stabilization fund to finance possible fiscal deficits as well as amortizing the public debt, helping to ensure that fiscal spending is not affected by the fluctuations of the world economy. 1. Monetary Policy Report, June 2021. Central Bank of Chile. 4. Country Economic Forecasts, Chile. April 2021. 2. Statistical bulletin: quarterly employment. National Institute of Statistics. 9 3. Daily Report, May 31st 2021. Ministry of Health.
Geography and Overview of Chile Chile is a strip of land on the western coast of the Southern Cone of According to different economic indicators, Chile is projected to be America, with islands in the Pacific Ocean and sovereignty over the a leader in the region, positioning itself as a competitive nation with Antarctic territory. a favorable foreign investment record. Population5 Since 2010, the country has been a member of the Organisation for 19,678,363 Land area 756,096 km2 Economic Co-operation and Development (OECD). Urban: 88.6% Rural: 11.4% Currency Main language Chilean peso Spanish US$1 = CLP 7196 Climate Religion Mediterranean in the Freedom of religion or belief central zone, desertic Mainly catholic in the north and oceanic in the south World clock7 Daylight saving time: • GMT-3 (continental Chile) • GMT-5 (insular Chile) Standard time • GMT-4 (continental Chile) • GMT-6 (insular Chile) Natural resources Copper, gold, fishing resources, forestry resources, iodine, lithium, salmon, fruit, among others, 5. Estimated value for 2021. Estimates and projections 2002-2035 base 2017. National Institute of Statistics. 6. Value as of June 10, 2021. Daily indicators. Central Bank of Chile. 10 7. World clock. Hydrographic and Oceanographic Service of the Chilean Navy.
Economic Situation Main economic indicators Indicator Chile Gross Domestic Product 2020 (current prices, USD, million) 8 $252,756 Gross Domestic Product 2020 (current prices, purchasing power parity, international dollars, $454,668 million)8 Per Capita Gross Domestic Product 2020 (current prices, purchasing power parity, international $23,366.27 dollars)9 International Reserves 2020 (USD, million)10 $39,200 Foreign Debt 2020 (USD, million)11 $208,981 Foreign Debt 2020 (percentage of GDP)11 74.1% Total Public Debt 2020 (USD, million)12 $91,625 Total Public Debt 2020 (percentage of GDP)12 32.5% Unemployment rate (moving quarter of December 2020 to February 2021) 13 10.3% Population below poverty line 202014 10.7% Minimum Monthly Wage (USD)15 $454 Chile has been the country with the highest per capita GDP in Latin The country is highly developed in several aspects, such as life America in recent years, coming close to countries such as Portugal expectancy at birth and university education coverage, among and Croatia. The OECD has recognized the growth experienced by others. Chile ranks 43rd on the United Nations’ 2020 Human the country, accompanied by tax modernization proposals and the Development Index16, being the leader among Latin American pension system reform, which seeks to encourage private countries. investment, simplify the system and make it more equitable. 8. World Economic Outlook Database. April 2021. International Monetary Fund. 13. Statistical bulletin: quarterly employment. National Institute of Statistics. 9. Estimated value. World Economic Outlook Database. April 2021. International 14. Poverty and extreme poverty projections. Social Panorama of Latin America. ECLAC. Monetary Fund. 15. Minimum monthly wage. Department of Labor. 10. Reserve assets. Central Bank of Chile. 16. Human development report 2020. United Nations Development Programme. 11. Balance of payments, international investment position and foreign debt. Income as of the closing of 2020. Central Bank of Chile. 12. Evolution of Debt. Treasury Department. 11
Per capita gross domestic product. Purchasing power parity. International dollars. 25,000 20,000 15,000 10,000 5,000 0 2015 2016 2017 2018 2019 2020 2021 Chile Argentina Mexico Brazil Colombia Peru Source: World Economic Outlook Database. April 2021. International Monetary Fund. According to the International Monetary Fund (IMF), in 2026, This agency expects a GDP increase ranging between 8.5% and Chile's per capita GDP will reach US$30,000, measured in 9.5%. in 2021. For 2022 and 2023, the expected growths are purchasing power parity (PPP), thus becoming the first country in between 2.0% and 3.0%, and between1.75% and 2.75% South America to reach this objective17. This goal, previously respectively18, slightly below the growth trend estimate. estimated for 2022, was delayed for four years due to the pandemic. The pandemic and social and political instability may affect these figures. In April, the cases worsened, forcing the new severe The economic indicators have declined due to the health crisis, with mobility restrictions in a large part of the country. GDP falling 5.8% in 202018. Earlier this year, the economy rebounded, growing 0.3% over the same period last year, according to the Central Despite the above, the figures for the beginning of the year have Bank19. shown a strong recovery. The Monthly Index of Economic Activity (IMACEC) grew 6.4%20 in March, the highest increase since June 2018. Along with this, it is expected that the favorable international outlook -which has recovered faster than expected- and the good development of the vaccination program in Chile, will stimulate a good performance of the economy forward. 17. World Economic Outlook Database. April 2021. International Monetary Fund. 18. Monetary Policy Report, June 2021. Central Bank of Chile. 19. Quarterly National Accounts. Central Bank of Chile. 12 20. IMACEC March 2021. Central Bank of Chile.
Economic Records Gross Domestic Product, Levels and Growth 250,000 8% 6% 200,000 4% 150,000 2% 100,000 0% -2% 50,000 -4% 0 -6% 2017 2018 2019 2020 GDP at current prices (Chilean pesos*, billions) GDP volume at chained previous year's prices (Chilean pesos*, billions) GDP at current prices (variation compared to the previous period) GDP volume at chained previous year's prices (variation compared to the previous period) Source: Gross domestic product. 2013 reference. Central Bank of Chile. *US$1 = CLP 719 (Value as of June 10, 2021. Daily indicators. Central Bank of Chile.) 13
19 2021 General CPI 2018 = 100. Monthly Variation 0.8 0.6 0.4 0.2 0 -0.2 Jan Jan Nov Jan Nov Dec Dec Sep Feb Oct Sep Oct Mar May Apr Jun Aug Feb Mar May Aug Feb Mar May Jul Apr Jun Jul Apr Source: CPI and underlying measures. Central Bank of Chile. In Chile, the Central Bank of Chile is the agency in charge of Multilateral Exchange Rate (MER23) and Foreign ensuring low and stable inflation over time. It structures its monetary policy within a conceptual framework of targets and uses Currencies24 End of May ,instruments to ensure that the annual variation of inflation is Currency 2017 2018 2019 2020 around 3% annually with a tolerance range of one percentage point. 2021 This policy is complemented by a flexible exchange rate regime. US dollar 649.33 640.29 702.63 792.22 712.26 In 2020, inflation closed at 3%, same as in 201921 and in line with Euro 732.44 755.74 786.35 902.68 864.58 the forecast of the Central Bank of Chile. In its latest Monetary Yen 5.79 5.8 6.45 7.42 6.52 Policy Report, the agency states that inflation will raise to around 3.5% this year, and will then return to figures around 3% for the rest Yuan renminbi 96.15 96.86 101.61 114.72 110.74 of the forecast horizon22. MER 106.11 102.68 106.4 114.95 105.28 Evolution of Multilateral Exchange Rate (MER23) and International Currencies24 (baseline 2014=100) 140% 130% 120% 110% 100% 90% 2015 2016 2017 2018 2019 2020 US dollar Yen Yuan Renminbi Euro MER 21. Macroeconomic statistics. Central Bank of Chile. Chile. 22. Monetary Policy Report, June 2021. Central Bank of Chile. 23. Chile multilateral exchange rate. Central Bank of Chile. 14 24. Nominal exchange rate (Chilean pesos per unit of foreign currency). Central Bank of
Public debt, billions of Chilean pesos 70,000 70,000 35% 60,000 60,000 30% 50,000 50,000 25% 40,000 40,000 20% 30,000 30,000 15% 20,000 20,000 10% 10,000 10,000 5% 00 0% 2017 2018 2019 2020 Net Debt Gross Debt Net Debt (percentage of GDP) Gross Debt (percentage of GDP) Source: World Economic Outlook Database. April 2021. International Monetary Fund. International reserves, millions of US dollars 60,000 20% 50,000 15% 40,000 30,000 10% 20,000 5% 10,000 0 0% 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Reserve Assets 25 International Reserves (percentage of GDP) 26 The pandemic has driven emergency and recovery plans, In Chile, the Treasury Department estimates that the gross public which have increased fiscal expenses around the world. debt may increase from 28% of GDP in 2019 to 43% of GDP by the end of 202527, with a fall in sovereign wealth fund savings. Foreign debt at market value, millions of US dollars 250,000 80% 70% 200,000 60% 150,000 50% 40% 100,000 30% 50,000 20% 10% 0 0% 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Foreign debt at market value, millions of US dollars 28 29 Total foreign debt (percentage of GDP) 25. Reserve assets. Central Bank of Chile. 29. Total foreign debt. Central Bank of Chile. 26. International Reserves. Central Bank of Chile. 27. Challenges and opportunities for Chile’s recovery. Treasury Department. 15 28. Foreign debt at market value. Central Bank of Chile.
Balance of payments and current account, millions of US dollars 100,000 80,000 60,000 40,000 20,000 0 -20,000 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 30 30 Exports of FOB assets Imports of FOB assets Balance of trade 31 Current account 31 Consolidated assets, millions of US dollars32 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Sovereign Wealth Funds (FEES) Sovereign Wealth Funds (FRP) Education Grants (FpE) Other Assets (Chilean pesos) Other Assets (US dollar) 30. Exports and imports of goods FOB. Central Bank of Chile. 31. Balance of trade and current account. Central Bank of Chile. 32. Total consolidated assets. Central Bank of Chile. 16
Economic Sectors and Balance of Trade The pandemic had a significant impact on the performance of Trade reached USD 130,761 million in 2020, representing a fall of several sectors in 2020. According to the Central Bank of Chile, the 6.4% with respect to 2019 (-US$ 8,930 million), according to a most impacted sectors were the service activities and construction, report by the Office of the International Economic Relations with personal services, transportation, and restaurants and hotels Undersecretary (Subrei) with figures from the Central Bank of standing out among the services. The 0.3% increase in activity in Chile. However, the first quarter of 2021 had a strong rebound of the first quarter of 2021 reflects a mixed picture. The most 26.3% compared to the same period of 2020, the highest amount in significant increase was recorded in commerce, followed by the last decade. agricultural and forestry activities and manufacturing. Meanwhile, service activities continue to show difficulties due to the health crisis. GDP by economic sector, 2020, percentage of GDP33 Financial and business services Mining Personal services Retail, restaurants and hotels Manufacturing Housing and real estate services Construction Public administration Transport Agriculture and forestry Electricity, gas, water and waste management Communications and IT services Fishing 0% 2% 4% 6% 8% 10% 12% 14% 16% 33. Share by type of economic activity. Central Bank of Chile. 17
GDP by economic sector (annual variation percentage for each sector)34 Economic sector 2017 2018 2019 2020 Financial and business services 3% 7% 4% -1% Mining 27% 4% -1% 40% Personal services 7% 9% 6% 0% Retail, restaurants and hotels 6% 7% 0% -3% Manufacturing 0% 8% -1% 0% Housing and real estate services 10% 10% 4% -2% Construction 0% 7% 10% -12% Public administration 6% 5% 5% 3% Transportation -3% 0% 7% -10% Agriculture and forestry 1% -5% 3% 18% Electricity, gas, water and waste management 2% 3% 6% 6% Communications and IT services 0% 1% -4% -8% Fishing 39% -9% 15% -29% Exports of goods35 (FOB) and services36 in 2020, millions of US dollars Mining Industry Agriculture, forestry and fisheries Transport Other business services Financial, insurance and pension services Telecommunications, IT and information services Travel Personal, cultural, recreational and other services 0 10,000 20,000 30,000 40,000 50,000 Exports of goods35 (FOB) and services36, annual variation percentage for each sector Economic sector 2017 2018 2019 2020 Mining 21% 5% -10% 18% Industry 7% 12% -8% -5% Agriculture, forestry and fisheries -2% 13% 5% -6% Transportation -2% 3% 1% -21% Other business services -8% 13% -4% -18% Financial, insurance and pension services 6% -3% 7% 8% Telecommunications, IT and information services 1% 15% 4% 8% Travel 17% -8% -21% -82% Personal, cultural, recreational and other services 2% -1% -15% -15% 34. Gross domestic product by type of economic activity, at current prices, spliced series, reference 2013 (billions of Chilean pesos). Central Bank of Chile. 35. Exports of goods (millions of dollars FOB). Central Bank of Chile. 18 36. Exports of services (millions of dollars). Central Bank of Chile.
Imports of goods37 (CIF) and services38 in 2020, millions of dollars Intermediate goods Consumer goods Capital assets Transport Other business services Personal, cultural, recreational and other services Financial, insurance and pension services Telecommunications, IT and information services Travel 0 5,000 10,000 15,000 20,000 25,000 30,000 Imports of goods37 (CIF) and services38, annual variation percentage for each sector 2017 2018 2019 2020 Intermediate goods 9% 19% -6% -14% Consumer goods 16% 8% -10% -19% Capital assets 2% 13% -1% -14% Transportation 10% 6% -2% -11% Other business services -1% 14% -8% -10% Personal, cultural, recreational and other services 5% 8% -3% -18% Financial, insurance and pension services 13% 0% 3% 0% Telecommunications, IT and information services -10% 17% 11% 8% Travel 8% 3% 3% -78% Foreign direct investment flows 2012-2019, percentage of total39 Mining Electricity, gas and water Financial services Commerce Not allocated Transport and storage Manufacturing Communications Construction Other services Agriculture and fishing Real estate and business services Hotels and restaurants 0% 5% 10% 15% 20% 25% 37. Imports of goods (million dollars CIF). Central Bank of Chile. 38. Imports of services (million dollars). Central Bank of Chile. 39. Direct investment flows by economic sector (million dollars). Central Bank of Chile. 19
Risk Ratings Chile continues to be the country in the region with the lowest Debt rating in Latin America40 credit risk and the best rating from risk rating agencies. Although the global situation poses an uncertain scenario for all economies, Country Moody’s S&P Fitch the country continues to show leadership in terms of payment conditions, with solid legal and political institutions. Chile A1 A A- Peru A3 BBB+ BBB+ Mexico Baa1 BBB BBB- Colombia Baa2 BBB- BBB- Uruguay Baa2 BBB BBB- Brazil Ba2 BB- BB- Bolivia B2 B+ B Ecuador Caa3 B- B- Argentina Ca CCC+ CCC 40. Country debt rating (foreign currency, long term). Latest information available as of April 2021. Expansion (Datosmacro.com) 20
Risk rating description41 Quality Moody's S&P Fitch The highest quality Aaa AAA AAA High quality Aa1 AA+ AA+ High quality Aa2 AA AA High quality Aa3 AA- AA- Upper-medium-grade A1 A+ A+ Upper-medium-grade A2 A A Upper-medium-grade A3 A- A- Lower-medium-grade Baa1 BBB+ BBB+ Lower-medium-grade Baa2 BBB BBB Lower-medium-grade Baa3 BBB- BBB- Speculative non-investment grade Ba1 BB+ BB+ Speculative non-investment grade Ba2 BB BB Speculative non-investment grade Ba3 BB- BB- Highly speculative B1 B+ B+ Highly speculative B2 B B Highly speculative B3 B- B- Substantial risk Caa1 CCC+ CCC+ Substantial risk Caa2 CCC CCC Substantial risk Caa3 CCC- CCC- Extremely speculative Ca CC CC Extremely speculative C Little prospect of recovery SD RD In default C D D In default DD In default DDD Not rated WR NR 41. Description of risk ratings. Expansion (Datosmacro.com) 21
Population figures Population pyramid42 100+ 90-94 80-84 70-74 60-64 50-54 40-44 30-34 20-24 10-14 0-4 800,000 600,000 400,000 200,000 0 200,000 400,000 600,000 800,000 Male Female 42. Total population by sex and urban-rural area, according to age groups. CENSUS 2017 results. National Institute of Statistics. 22
National workforce and inactive persons, monthly average, thousands of persons43 10,000 8,000 6,000 4,000 2,000 0 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Total Workforce Active Inactive 43. National workforce and inactive persons, National Institute of Statistics. (monthly average, thousands of persons). Central Bank of Chile. 23
Chile's Performance in the Covid-19 Health Crisis Chile reported its first Coronavirus case on March 3, 2020, the In addition, the Social Welfare Network is a fiscal response that has fourth country in the region to do so. Soon the pandemic struck the mobilized close to USD 30 billion. According to the government, country, and by June 2020, it was one of the most affected these resources allowed to expand the protection to three out of countries in the world per capita. four persons who are in turn covered or receive relief from this Network. The measures include initiatives such as the Emergency However, thanks to initial measures that focused on strengthening Family Income, the Employment Protection Law, the COVID-19 hospital capacity, the health system never collapsed as it did in Bonus, Credits, solidarity loans, the Employment Subsidy and the other countries in the region. distribution of more than 6 million food boxes. Since January 2020, the government has responded with three Chile was one of the first countries to start a mass vaccination main measures: the Step by Step plan, the Social Protection program, securing 35 million doses from different sources. Also, Network and the vaccination plan44. the vaccination process was quick, which allowed the covid-19 immunization campaign to reach 69.2% of the target population The government developed the Step by Step plan, a gradual with one dose and 52.3% with two doses by May 2021. strategy to deal with the pandemic according to the health situation of each particular area. There are four gradual steps or scenarios, ranging from Quarantine to Initial Opening, each with specific restrictions and obligations. The advance or regression from one particular step to the other depends on epidemiological indicators, health care network and traceability. 44. Chile's Management of the Pandemic. Government of Chile. 24
Total Cases45 18,000,000 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 Brazil Argentina Colombia Mexico Peru Chile Ecuador Bolivia Uruguay The region is enduring new waves of coronavirus, and Chile is no All this has forced the authorities to impose new measures exception, despite the successful vaccination campaign. In fact, the restricting mobility, which has impacted employment. The worst figure of the entire pandemic was recorded on April 9 2021, unemployment rate in Chile during the February-April 2021 mobile when 9,171 infections were reported. quarter reached 10.2%, according to the information recorded in the National Employment Survey (ENE), which is prepared by the So far, the total balance since the beginning of the health crisis in National Statistics Institute of Chile (INE). March 2020 has reached 1.36 million infections and 28,928 deaths. By mid-May, cases began to rise again. This could affect future economic and health estimates. 45. Coronavirus cases. Our World in Data. 25
Discretionary Fiscal Response to the COVID-19 crisis in Selected Economies (%GDP)46 12 11.4 10 8.8 8.2 8 7.3 6.2 5.7 6 3.9 4.1 4 2 1.8 2 1.2 0.7 0 Argentina Brazil Chile Colombia Mexico Peru Additional spending and forgone revenue Equity, loans, and guarantees Percentage of people who have received at least one dose of the COVID-19 vaccine47 55% 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% 12/24/2020 1/24/2021 2/24/2021 3/24/2021 4/24/2021 Chile Uruguay Argentina Brazil Mexico Colombia Bolivia Ecuador Peru 46. Fiscal policy responses to COVID-19. International Monetary Fund. 47. Vaccinations. Our World in Data. 26
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Chile’s Investment Scenario 30
. Introduction to the Investment Scenario in Chile Chile is one of the most competitive, stable and open economies in Latin America, and stands out as an important destination for direct foreign investment in the world. In addition, it is well known for its low level of corruption, its robust institutions, and healthy macroeconomic figures. As a result, it is one of the countries with the greatest freedom to invest and do business. Foreign investors can do business in Chile as individuals or through entities governed by the Code of Commerce and other legal regulations. It should be noted that there are no restrictions regarding the minimum or maximum amount of capital that any type of company may possess. Our country has also established an attractive legal framework for foreign capital, whose pillars are economic freedom, non- discriminatory and non-discretionary procedures. 31
Doing Business48 Foreign investors can do business in Chile as individuals or through • Oversight: Open Stock Corporations must register with the entities governed by the Commercial Code and other applicable Registry of Securities Issuers and are subject to oversight by legal standards. The types of entities most often used to do the Financial Market Commission (CMF - Comisión para el business in the country are detailed as follows: Mercado Financiero). Closed Stock Corporations are not subject to oversight. Stock Corporations (S.A.) • Transfer of shares: There is no legal limitation to the transfer of shares. They are composed of shareholders that raise common capital. • Reserved business: There are certain businesses that are Decisions are adopted through shareholders’ meetings and they are reserved for stock corporations and which are overseen by the managed by a board of directors. CMF or another sectorial Superintendency (banks, insurance companies, public works concessionaries, general funds administrators, etc.). Characteristics: • Shareholders: Formed by a minimum of 2 shareholders, with no Limited Liability Companies maximum number of shareholders. • Types: Stock corporations can be classified as open or closed. Limited liability companies are one of the most common business • Open Stock Corporations (S.A.A.): Those that (i) offer their formats used by individuals and legal entities that carry out shares to the public, (ii) have more than 500 shareholders, or business in Chile. (iii) 10% of their capital is held by a minimum of 100 shareholders (excluding individual shareholders that exceed Characteristics: such percentage). • Closed Stock Corporations: All the rest of stock corporations • Partners: They are formed by a minimum of 2 and a maximum of that do not meet the criteria for Open Stock 50 partners, which can be national or foreign, residents or not, Corporations(S.A.A.). individuals or legal entities. • Liability: The liability of the shareholders is limited to the • Liability: The partners limit their responsibility to the amount of amount of their shares. contributions made or up to a higher sum as long as it is • Administration: They must have a board of directors, composed indicated, without any minimum capital requirement. of at least three essentially revocable members, that appoint a • Administration and oversight: The object, administration and manager and the chairman of the board. oversight of the company can be freely agreed upon by the partners, except for operations reserved by law for Stock Corporations (S.A.). 48. Author: Ignacio Pérez 32
• Transfer of equity rights: Unanimity is required for the transfer Branch or agency of a foreign branch of equity rights. To establish branches of foreign companies in Chile, there is no Individual Limited Liability Company need for formal approval from the government. A legal representative must be established on behalf of the foreign An individual can acquire the status of a legal entity under the company, who must legalize certain documents before a Chilean figure of an Individual Limited Liability Company (E.I.R.L.). Equity is Public Notary. These must be written in the original language and limited to what is stated in the deed and the proprietor only be accompanied by a Spanish translation. The documents are responds with their personal property up to the capital contribution detailed as follows: to the company and the company responds with all its assets. • Proof that the company is legally established abroad. EIRLs can carry out all types of civil and commercial transactions, • Certification that the company exists. except for those reserved by law for Stock Corporations (S.A.). • An authentic copy of the company’s current bylaws. • A general power of attorney issued by the company to the legal Joint-stock Corporation (SpA) representative that will represent it in Chile. This is a variation of stock corporations and are governed primarily This power of attorney must clearly establish that the legal by their bylaws, and their shareholders have quite a bit of freedom representative acts in Chile under the direct responsibility of the in the establishment of their provisions. In the absence of bylaws or company and with ample powers to be able to act on its behalf. of special standards that govern this type of companies, they are governed by the standards for closed stock corporations. Likewise, the legal representative must sign a public deed on behalf of the company. Characteristics: He/she must subsequently register an extract of the deed in the Commercial Registry and publish such extract in the Official • Shareholders: Formed by a minimum of 1 shareholder. The Gazette. company must be transformed into a stock corporation and register with the CMF if it meets any of the qualifications to make it an open stock corporation. • Liability: The liability of the shareholders is limited to the amount of their shares. • Administration: The administration of an SpA can be freely agreed upon by its shareholders in its bylaws. • Oversight: In the same manner as closed stock corporations, SpAs are not subject to oversight by the CMF. • Transfer of shares: There are no legal limitations to the transfer of shares. 33
Tax Regime49 On February 24, 2020, Law No. 21,210 on "Tax Legislation Modernization" was published in the Chilean Official Gazette. This Tax withholdings on remittances abroad: law establishes a new Income tax regime in Chile, which became effective from January 1, 2020 onwards. Dividends 35% (c) (d) Interest 4/35% (e) Below are some of the most important modifications introduced by this law, which should be taken into consideration when investing in Royalties on patents, trademarks 0/15/30% (f) Chile. formulas and others Technical services rendered 15/20% (g) Current tax regime abroad The administration, inspection and collection of the main taxes are Other payments and 35% (h) the responsibility of the Internal Revenue Service (SII). Its main compensation for services responsibilities are to control tax evasion and to collect taxes efficiently. Operating losses (years) The main Income Taxes and their tax Carry-back N/A rates are as follows: Carry-forward Indefinite First Category Income Tax 10% - 27% (a) (capital income) a) As a general rule, the corporate income tax rate is 27%. In the case of certain smaller companies or entities without an owner Capital gains tax 0 - 10% - 27% - 35% (b) (foundations, unions, etc.) the income tax rate will be 10% on a temporary basis during business years 2020, 2021 and 2022. b) As a general rule, capital gains are considered as ordinary income. There are some exceptional situations regarding certain goods (for example, sales on the stock exchange) and natural persons (certain individuals). Depending on the taxpayer tax regime, capital gains could be subject to a corporate income tax rate of 10% or 27%. 49. Authors: Felipe Espina, Ignacio Pérez 34
Capital gains are subject to a 35% withholding tax in the case However, if shareholders are legal residents in countries with which of non-resident taxpayers. Finally, capital gains from publicly Chile maintains agreements to avoid double taxation, they are traded stocks might not be subject to income taxes when certain entitled to a 100% tax credit for having paid the company’s Corporate requirements are met. tax, which results in a personal tax rate of 35%. c) Dividend distributions between Chilean companies are not subject to corporate income taxes, although in certain cases Currently, Chile maintains double taxation avoidance agreements they must be incorporated into the taxable base of the with 33 jurisdictions including several countries in Europe, North and recipient company. South America and Asia. This tax benefit is even applicable to d) If the recipient of a dividend is a non-resident, dividends will be agreements that were signed up to December 31, 2019 (United subject to Additional Tax (a type of withholding tax) at a 35% States and United Arab Emirates). rate. Any First Category (corporate) Income Tax that has already been paid can be used as tax credit against this The Corporate taxable base includes all income, with some minor Additional Tax, in percentages that vary depending on whether exceptions (e.g., government incentives). All costs and expenses that there is an agreement in force to avoid double taxation are necessary for generating income (allowed expenses) can be between Chile and the country where the beneficiary of the deducted from the Corporate taxable base. Taxable income includes dividend is a resident. that which is generated from all transactions, asset sales, and other e) Although 35% is the general Additional Tax or withholding tax business activities. rate, this could be reduced to 4% if the payment is made to international banks or foreign financial institutions. Interest on One of the requirements for expenses to qualify as deductible is that credits or financing between related parties subject to a they must be "necessary to produce income", either in the same year withholding tax rate that is less than 35% must be reviewed to or in future fiscal years. In addition, they must be directly related to determine compliance with excess indebtedness or the corporate purpose. undercapitalization rules (“thin cap rules”) on the part of the Chilean debtor entity. It is important to keep in mind that the authorized expenses in favor f) In certain cases (invention patents, models, computer of taxpayers who reside abroad will only be deductible to the extent programs), the general tax rate of 30% can be reduced to 15%. to which they have been paid and that the applicable withholding tax Exceptionally, certain royalties may be exempt from has been duly declared and paid. withholding tax (as in the case of standard software). g) The general tax rate is 15%, unless the beneficiary of the As mentioned above, the Corporate tax rate for smaller companies or income is a resident who has a preferential tax regime, in entities without an owner (foundations, unions, etc.) is 10% on a which case the tax rate increases to 20%. temporary basis during business years 2020, 2021 and 2022. When h) General withholding tax rate for payments made from Chile the shareholders or directors of these entities distribute dividends or abroad. withdraw profits, 100% of the corporate tax paid by the entity may be used as a tax credit against any personal tax due. 1. Corporate tax (First Category Income Tax) Tax loss carry back system Tax base determination During the 90s and until 2014 it was possible to deduct tax losses As a general rule, the Corporate tax rate is 27%, which is applicable against retained earnings from previous years, this mechanism is to net taxable profit. Companies based in Chile are subject to this called “carry back of losses”. Since then, continuous legislative tax for their worldwide source profits. changes have tent to limit its use. Annual profits are subject to income tax at two stages. Firstly, a Likewise, in 2001, limitations were incorporated into loss company’s profits are subject to the 27% Corporate tax. deductibility when an entity carrying on losses changed ownership, Subsequently, shareholders’ (owners’) income will be taxed after under certain requirements. distribution or withdrawal. During this stage, shareholders’ income will be subject to Additional Tax (withholding tax). As part of the 2014 tax reform, the possibility of deducting losses against retained earnings from previous years was eliminated, except When a company’s shareholders are not Chilean residents, the in the case of results consolidation from the same business group, Additional Tax rate is 35%. When the shareholders are individuals through the distribution of dividends or profits. residing in Chile, they pay a personal tax called “Global Complementary Tax”, whose tax rate is proportional and Finally, the Tax Legislation Modernization Law established the progressive (depending on the volume of income withdrawn), with a definitive elimination of tax loss deductibility against distributed maximum rate of 40%. dividends. Before this reform, Chilean companies with retained tax losses that distributed dividends or agreed to withdraw profits from In both cases, 65% of the Corporate tax paid by the company may Chilean subsidiaries could offset these retained losses and recover be credited against these personal taxes (Additional or Global the Corporate tax paid by the subsidiary that distributed the dividend. Complementary), in which case, foreign shareholders are subject to This right was gradually eliminated as detailed as follows: a 44.45% final tax rate on dividends. 35
90% of the losses will be imputed to the amounts met, even in the case of related parties. In addition, interest could be 2020 to be distributed when they are subject to personal subject to reduced withholding tax rates (10% or 15%) by virtue of an taxes agreement to avoid double taxation. In both cases, undercapitalization rules apply. 80% of the losses will be imputed to the amounts 2021 to be distributed when they are subject to Basically, undercapitalization rules states that in the event of personal taxes excessive indebtedness (i.e., when total indebtedness is three times 70% of the losses will be imputed to the amounts higher than the company's tax assets) any interest, commissions or 2022 to be distributed when they are subject to payments made abroad for debts with related parties are subject to a personal taxes 35% effective tax rate. For the purposes of indebtedness calculation, all debts with local or foreign related parties must be considered. 50% of the losses will be imputed to the amounts 2023 to be distributed when they are subject to Passive income tax regime abroad (CFC Rules) personal taxes 0% of the losses will be imputed to the amounts This regime establishes the obligation to recognize passive income 2024 to be distributed when they are subject to received or accrued by entities controlled abroad, on an accrual basis. personal taxes Transfer Prices In Chile, the rules on transfer pricing have been in force since 2013, 2. International Taxation which follow the guidelines of the Organization for Economic Cooperation and Development (OECD). Tax credit regularization between countries with or without an agreement to eliminate double taxation Under these rules, cross-border transactions between related parties must be performed at market conditions (arm's length transactions). Before the publication of the Tax Modernization Law, Chilean tax legislation allowed the possibility of using income taxes paid abroad Transfer price adjustments made by the authorities are subject to a as tax credits against income taxes to be paid in Chile, depending on 40% tax (fine). whether an agreement to eliminate double taxation was in force between Chile and the country where the income tax was paid. If such Preferential tax regimes agreement existed, a tax credit up to 35% on the net taxable income from foreign sources could be obtained (against Chilean taxes), with To be considered a jurisdiction with a "preferential tax regime", at certain adjustments. If such an agreement did not exist, the tax credit least two of six requirements established by law must be met. OECD dropped to 32%, among other differences. With the Tax countries are not considered to have preferential tax regimes. Modernization, this tax treatment has been standardized to 35%. Transactions with jurisdictions that have preferential tax regimes are However, in the case of countries with no such agreement in force, it subject to higher withholding tax rates, especially certain payments is only possible to use (i) taxes on dividends (withholding or corporate abroad (for services and royalties). In addition, a presumption of a taxes paid by the company that distributes such dividends), (ii) relationship is applied in certain circumstances (transfer prices, income taxes paid by agencies or permanent establishments, (iii) undercapitalization rules, indirect disposal and passive income). income taxes on the use of intangible assets such as trademarks, patents or formulas, (iv) taxes on services classified as exports, (v) Indirect Disposal taxes on income from dependent labor and, (vi) taxes on passive income under article 41 letter G of the Chilean Income Tax Law as a Capital gains generated by the indirect disposal of Chilean underlying tax credit against Chilean income taxes. assets are subject to taxation in Chile if certain circumstances are met. These relate to the value of the entity that is transferred abroad Undercapitalization rules for tax credits from foreign or the Chilean entity that is transferred indirectly. related parties Once an indirect transfer has been carried out, the capital gain is As a general rule, interest paid by Chilean entities to entities taxed at 35%. These operations must be duly reported to the tax domiciled abroad are subject to a 35% withholding tax, or at a lower authorities. tax rate set up by an agreement to avoid double taxation. In any case, Chilean companies or indirectly transferred permanent Interest paid to international banks or foreign financial institutions establishments are jointly and severally responsible for the payment can benefit from a reduced tax rate of 4% if certain requirements are of the taxes due by the foreign transferor. 36
Tax Incentives 4. Miscellaneous Agreements to avoid double taxation: • Chile has entered into agreements to avoid double taxation with Substitute Tax - Transitory Regime Argentina, Australia, Austria, Belgium, Brazil, Canada, China, Colombia, South Korea ,Croatia, Denmark, Ecuador, Spain, Taxpayers who have retained earnings at the end of 2020 that were France, Ireland, Italy, Japan, Malaysia, Mexico, Norway, New generated up to December 31, 2016, may choose to pay a 30% Zealand, Paraguay, Peru, Poland, Portugal, United Kingdom, income tax (instead of personal taxes) on these retained earnings Czech Republic, Russia, South Africa, Sweden, Switzerland, that have not been withdrawn. The corporate tax paid by the Thailand and Uruguay. Chilean company can be used as a tax credit. The effect being that • In addition, there are currently agreements signed but not in force once this substitute tax has been paid, the retained earnings may with the United States, the United Arab Emirates, the be withdrawn and distributed without affecting other income taxes. Netherlands and India. This benefit can be used between October 1, 2019, and April 1, 2022. Taxes on entities not domiciled in Chile Incentives for investment and savings Chilean source income received by a non-resident who does not have a domicile in Chile is generally taxed with the Additional Depreciation mechanisms: The main depreciation mechanisms are (withholding) Tax, at a rate of 35%. two: normal depreciation (linear depreciation over the useful life of the assets) and accelerated depreciation (the asset's useful life is As explained before, dividends sent abroad are taxed with a reduced to one third). In addition, there are other mechanisms withholding tax of 35%. In addition, 65% or 100% of corporate taxes available to small and medium-sized companies. paid by the Chilean company can be used by foreign owners as a tax credit against their personal withholding taxes, depending on There is a temporary possibility of using an even more accelerated whether the beneficiary resides in a country which Chile has an depreciation mechanism, whereby the useful life of new or imported agreement with to avoid double taxation in force. PP&E assets can be reduced to 10% during the first year. Returns of capital are not taxable, unless they are attributable to Likewise, it is possible to amortize 100% of the value of intangible earnings retained by the company. goods whose destination is related to the interest, development or maintenance of the company or business of the entity. This benefit is transitory and can be applied to the acquisition of the following goods: 3. Value Added Tax (VAT) a) Industrial property rights regulated by Law No. 19.039; VAT is levied on sales and imports of goods, and the provision and b) Intellectual property rights regulated by Law No. 17.336; and use of services at a rate of 19%. c) Plant varieties regulated by Law No. 19.342. VAT follows the tax debit/credit system, e.g., the VAT paid on These benefits can be used between June 1, 2020, and December 31, purchases is offset with VAT on sales. VAT must be declared and 2022. paid monthly. Its amount is determined as the difference between VAT’s tax debit and tax credit. In addition, any remaining tax Personal taxes (Second Category Income Tax and Global difference can be used in subsequent periods. Complementary Tax) Currently, VAT is mainly applicable to all routine sales of personal property, real estate (either new or used) and certain services. The Second Category Tax is applied to income from dependent and subordinate work, it is progressive marginal, monthly withholding by the employer, reaching a maximum marginal rate of 40%. VAT on foreign digital platforms The Global Complementary Tax is applied to income derived from The Tax Modernization Law establishes that digital services will be professional and independent activities. It is an annual declarable tax taxed with VAT (19% rate), which will be charged to providers of whose maximum rate is 40%. these services who are domiciled or resident abroad. These services include digital brokerage, entertainment, software, platform, and advertising services. Customs Regime The Law establishes legal presumptions regarding when it will be As a general rule, imports are subject to the payment of an “ad understood that these services are “provided in Chile”. valorem” duty (6% on the CIF value) and VAT (19% on the CIF value). Foreign providers of these services must register in Chile as VAT Exceptionally, imports of capital goods may be exempted from duties payers. In turn, credit card issuers can be withholding agents of any and VAT under certain requirements. taxes due. 37
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