Page 19 - MONTT LATIN AMERICAN MAGAZINE, DECEMBER, 2021

REGULATORY ALERT
Ecuador
REGULATORY ALERT
Chile
ALERTA REGULATORIA
ALERTA REGULATORIA
ESTA SECCIÓN CORRESPONDE A UNA N-UIsEsVuAaHnEcReR,AMeInENdToArsDeEmMeOnNtT,T GuRsOeUPaQnUdE BUSCA REEMPLAZAR EL INFORME MENSUAL DE
Ecuador Chile
NOVEDADES LEGISLATIVAS Y GENERAR UN INTERCAMBIO INFORMATIVO ENTRE LAS DISTINTAS OFICINAS DE LA EMPRESA.
Argentina
cancellation of dematerialized credit notes,
Argentina
ESTA SECCIÓN CORRESPONDE A UNA NUEVA HERRAMIENTA DE MONTT GROUP QUE BUSCA REEMPLAZAR EL INFORME MENSUAL DE
Argentina
SOLICITAMOS ENVIAR LOS ANTECEDENTES DE LAS ÚLTIMAS NOVEDADES A: ALERTAS@MONTTGROUP.COM
Unified BNOaVsEiDcADSESaLlEaGIrSyLATIVAS Y GENERAR UN INTERCAMBIO INFORMATIVO ENTRE LABS DoIlSTivINiTaAS–OFCIChINiAlSeDIEnLvA eEMsPtRmESeA.nts SOLICITAMOS ENVIAR LOS-AIsNsTuEaCnEDceEN, TEeSnDdEoLrAsSemÚLeTnIMt,AS uNsOeVEDaAnDdES A: ALERTAS@MONTTGROUP.COM
generated by electronic book entries.
In the First Supplement of the Official
cancellation of the credit notes generated in electronic account documents,
On December 22nd, 2021, Decree 211 of the Ministry of Foreign Affairs was published, which formalizes in Chile the termination of the Agreement for the Promotion and Protection of Investments (“Appi”) Bolivia - Chile signed between both countries on September 22nd, 1994 and published in the Chilean Official Gazette on April 29th, 1999. The termination has occurred as a consequence of the communication of the denunciation of said treaty, that is, of the communication of the will to terminate a bilateral treaty, by the Bolivian government dated April 11th, 2019, which in accordance with with article XI numeral 2, it will take effect as of April 11th, 2020. Notwithstanding its termination, and in accordance with the 15-year survival clause provided for in the same treaty with respect to investments made prior to the date effective termination, the treaty, and consequently the protection of investments in accordance with said instrument, will cease to be in force as of April 12th, 2035.
It is important to note that the APPIs contain provisions to ensure national treatment to the investors of the other party (no less favorable than to local investments), free transfer of funds (that is, without exchange controls that may be onerous) and obligation of compensate immediately (close in time), sufficient (market value) and effective (freely convertible currency) in case of expropriations.
In addition, APPIs are important because they contemplate international arbitration as a dispute resolution mechanism between the local State and an investor of the other party, an arbitration that takes place before the International Center for Settlement of Investment Disputes (“ICSID”), which It is part of the World Bank, and it was created by the Convention for the Settlement of Investment Disputes between States and Nationals of other States, signed in Washington on March 18th, 1965.
Montt Latin American Magazine p19
Argentina
Chile
Registry No604 of December 23rd, 2021, Ministerial Agreement No MDT-2021-276 of December 21st, 2021 was published, with which the increase in the Unified Basic Salary (SBU) to USD was made official, $ 425 per month for the year 2022, for the worker in general, including those in small industry, agriculture, maquila, paid household workers, handicraft and collaborators of the micro-enterprise.
The increase of the SBU for the year 2022 with respect to the year 2021 is 6,25 percent,
corresponding to the refund of the Tax on the
Chile
Brasil
Outflow of Foreign Currency - ISD not used as a tax credit in the payment of Income Tax. -Issuance, endorsement, use and cancellation of the exception credit notes generated in electronic documents in account, corresponding to the return of the minimum advance paid and not credited of the Income Tax corresponding to the fiscal period 2009, in accordance with the provisions of the reform of article 7 of the -Reform and Interpretative Organic Law of the Internal Tax Regime Law, the Tax Code, the Reform Law for Tax Equity of Ecuador and the Electricity Sector Regime Law.
It is established as a general provision that the Tax Administration has no responsibility whatsoever in the endorsement and use of the credit notes, as well as in any inconvenience that is generated, by their registration or by the non-observance of the taxpayer to the provisions established in the present resolution.
The repeal of the following normative acts is also provided:
-Resolution No NAC-DGERCGC13-00865, published in the Second Supplement to Official Registry No. 148 of December 20, 2013.
-Resolution No NAC-DGERCGC15-0000289, published in the Second Official Registry No. 473 of April 6, 2015.
-Resolution No NAC – DGERCGC19–00000034, published in Official Gazette No 15 of August 12, 2019.
-Resolution No NAC-DGERCGC10-00256, published in Official Gazette No. 208, of June 7, 2010.
-Resolution No NAC-DGERCGC15-00000420, published in the Official Gazette Supplement No.508 of May 26, 2015.
-Resolution No NAC-DGERCGC18-00000432, published in the Registry Supplement Official No 396 of December 28, 2018.
The aforementioned Resolution entered into force as of its publication in the Official Registry.
a percentage that will also, on this occasion,
Brasil
be applicable for the setting of the sectoral minimum wages, which appear in the respective commissions.
Norms that Regulate Procedures are Issued
In the Second Supplement of the Official Registry No. 596 of December 13, 2021, Resolution No NAC-DGERCGC21-00000051 of the Internal Revenue Service (SRI) was published on December 9, 2021, through which the procedure for the issuance, endorsement, use and cancellation of credit notes issued by the SRI for tax refund.
It is stated that the SRI will issue the credit notes for the reimbursement of recognized securities, based on what is indicated in the corresponding administrative acts or final judicial decisions, in which their issuance is provided, without the need for the issuance of an additional administrative resolution. The competent units will settle and record the recognized values, so that the unit in charge of the reimbursement can issue the corresponding credit note.
In cases where the return generates interest in favour of the taxpayer, the SRI will issue the corresponding electronic withholding voucher regarding the income taxed for interest.
The mentioned normative act in its Chapters II, III and IV, describes the norms that regulate the following procedures, followed by the details described in its transitory provisions.