Chile updates

Arbitration & ADR

Contributed by González & Rioseco Abogados
Interpretation of international arbitration agreements
  • Chile
  • 07 December 2017

As with any other contract, general rules of interpretation are crucial to ascertain the scope and reach of arbitration agreements. The Supreme Court recently missed the chance to provide a sharper and more sophisticated decision concerning the applicable legal rules of interpretation of arbitration agreements, which is a crucial matter for the uniform enforcement of international commercial arbitration agreements.

Deference to parties' procedural autonomy and due process
  • Chile
  • 20 April 2017

The autonomy of parties to agree on an arbitral procedure is a basic principle of international commercial arbitration. However, parties occasionally try to deny the recognition of awards issued according to agreed rules, claiming that they are unfair or contrary to due process. A recent Supreme Court case on this matter helps to circumscribe the concept of 'proper notice' and protects parties' procedural autonomy, which will ensure the continuing development of international commercial arbitration.

Arbitration, public policy and procedural law
  • Chile
  • 17 November 2016

In international commercial arbitration, parties sometimes try to apply domestic civil procedural rules and argue that arbitral awards made in violation of these rules should be vacated for being contrary to public policy. However, a recent court decision shows that public policy cannot be assimilated with every procedural rule and requirement applicable to domestic litigation, and should thus deter future parties from trying to vacate arbitral awards by invoking possible conflict with the Civil Procedure Code.


Capital Markets

Securities authority replaced by Financial Markets Commission
  • Chile
  • 21 February 2017

Congress recently approved a bill to replace the Superintendence of Securities and Insurance, the securities and insurance watchdog, with the newly created Financial Markets Commission. The commission will have the same authority in the financial and insurance markets as its predecessor, as well as improved powers, particularly regarding investigations and the application of penalties.


Company & Commercial

Disposal procedure for unclaimed shares
  • Chile
  • 04 September 2017

Law 20,954, which amends the Corporations Act in Law 18,046, was recently published in the Official Gazette. The amendment provides that custodians of shares in public companies that hold shares on behalf of other parties must provide the Securities and Insurance Commission with the identity of those parties. Banks that act as custodians must report this information to the Superintendence of Banks and Financial Institutions.

Apostille Convention comes into force
  • Chile
  • 17 October 2016

The Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (the Apostille Convention) came into force on August 30 2016. The convention sets out the competent authorities that issue apostilles, the application process and details of the online system for issuing apostilles. Further, the requirement that foreign apostilled documents must be filed with a notary public has been removed.


Competition & Antitrust

Contributed by González & Rioseco Abogados
Competition Agency blocks Ideal's acquisition of Nutrabien
  • Chile
  • 09 August 2018

The Competition Agency (FNE) recently gave a clear sign to the market by blocking a concentration transaction for the first time since the new merger control system entered into force. The FNE dismissed the efficiencies and mitigation measures raised by the parties, as the risks to competition were too great according to its guidelines.

New competition control procedure for mergers introduced
  • Chile
  • 09 November 2017

The latest reform of the Competition Statute introduces a preventive control procedure for merger operations that have effects in Chile. As of June 1 2017 the national economic prosecutor will undertake a control procedure for merger operations before they begin. The amendment aims to provide legal certainty and reduce the length of merger control procedures.

Competitive edge: changes to antitrust law introduced
  • Chile
  • 26 January 2017

Changes were recently introduced to Chile's antitrust regulation, including a mandatory M&A review by the National Economic Prosecutor's Office, a ban on interlocking directorates and mandatory notification of cross-ownership between rival firms. These changes will have a significant impact on firms in the short term. The new administrative duties that the act imposes are preventive in character and align Chile's antitrust regulations with international practice.


Corporate Tax

Nothing is certain but death and taxes: Tax Department considers taxation of cryptocurrencies
  • Chile
  • 22 June 2018

A taxpayer recently requested a ruling from the Tax Department on the treatment of gains from cryptocurrency transactions for income and value added tax purposes, as cryptocurrencies are not specifically regulated in Chile or recognised as legal tender or foreign currency. The department's analysis reflected the broad definition of 'income' in the Income Tax Act and the fact that there is no specific exemption or favourable treatment given to these specific gains.

Tax implications for foreign mergers
  • Chile
  • 06 April 2018

A business group recently requested an advance ruling from the Internal Revenue Service regarding the merger of a Chilean subsidiary with a company resident in a low-tax jurisdiction. The service stated that pursuant to Article 64 of the Tax Code, it will not exercise its assessment authority where it has been effectively proven that the legal effects of a merger in another country will be carried out in accordance with Chilean legislation and that the operation will be carried out under the terms of tax neutrality.

Defining permanent establishments for tax purposes
  • Chile
  • 02 February 2018

The Tax Department recently issued Circular 57, which provides a definition of a 'permanent establishment' for domestic law purposes and underlines that such fixed places of business require a tax registration number. Although the circular has been issued with a limited scope, it may have additional benefits, including identifying whether a foreign entity or individual has a permanent establishment operating in Chile.

Supreme Court overturns decisions denying taxpayers' authority to issue tax invoices
  • Chile
  • 03 November 2017

The Supreme Court recently revoked two appeal court decisions in which the underlying issue was the Tax Department's authority to deny taxpayers the ability to issue invoices in certain circumstances. It is unclear whether the Tax Department will review its criteria in this regard, as court decisions in Chile affect only the parties in the specific case.

Withholding tax on interest paid on certain portfolio investments – an overview
  • Chile
  • 15 September 2017

A taxpayer resident in Chile with a portfolio investment in the United States recently requested a ruling on whether he was entitled to a refund of certain withholding taxes paid by the portfolio because it included bonds issued in Chile. The taxpayer argued that withholding tax should be refunded to the beneficiary of the interest if the beneficiary is a Chilean resident. However, the Tax Department took a different view.