Page 19 - MONTT LATIN AMERICAN MAGAZINE, AUGUST 2021 (English)

ALERTA REGULATORIA
REGULATORY ALERT ALERTA REGULATORIA
AErcgueandtionra the entity in charge of the regulation, control Chile
ESTA SECCIÓN CORRESPONDE A UNA NUEVA HERRAMIENTA DE MONTT GROUP QUE BUSCA REEMPLAZAR EL INFORME MENSUAL DE
Argentina
and administration of mining rights.
NOVEDADES LEGISLATIVAS Y GENERAR UN INTERCAMBIO INFORMATIVO ENTRE LAS DISTINTAS OFICINAS DE LA EMPRESA.
President Establishes Plan for the Mining Sector
• Generate acts of public policy, regulations,
Stock Write-off Procedure
The Internal Revenue Service, through O icial Letter No. 2059 of 2021, pronounces on the procedure for the punishment of stocks and on the elimination of stocks in poor condition due to natural wear and tear of storage for years without movement and whose sale is not possible .
The Internal Revenue Service indicates that there is an obligation to inform the agency in the event of losses or depletion of inventory in the inventory arising from unforeseeable circumstances or force majeure, and the taxpayer must notify the respective unit at their address, within the period of 48 hours after the event occurred. In addition, the losses or losses will be veri ed and quali ed by an o icial designated for this purpose, for the purpose of authorizing their reduction in the accounting books.
It should be borne in mind that according to No. 3 fourth paragraph of article 31 of the LIR, the voluntary destruction of raw materials, inputs or processed or nished goods of Law No. 20,920, is sanctioned, when appropriate, with the single tax of article 21 of the LIR.
VAT on Online Training Courses From Abroad
The Internal Revenue Service, through O icial Letter No. 2050 of 2021, pronounces on the application of VAT to “on-line” training courses provided from abroad. The person making the inquiry is a Spanish publishing house without starting activities in Chile, which gives training courses “on line”, mainly in legal matters, uploading said courses to a digital platform of its property.
The Internal Revenue Service indicated that if the entity does not start activities in Chile, through a digital platform of its property, they are exempt from VAT, by application of the exemption contained in article 13 No. 4 of the LIVS . Notwithstanding the foregoing, it indicates that the remunerations paid or paid into account for the provision of educational services are subject to the Additional Tax, with a rate of 35 percent that must be withheld and deducted at the time of paying said income
Argentina
regulation and control of the mining sector,
with the aim of avoiding the discretion
or arbitrariness of public o icials in the
SOLICITAMOS ENVIAR LOS ANTECEDENTES DE LAS ÚLTIMAS NOVEDADES A: ALERTAS@MONTTGROUP.COM
El The President of Ecuador, Guillermo Lasso, signed Executive Decree No. 151, through which he issued an Action Plan for the mining sector, which has as its primary objective to develop e icient and environmentally and socially responsible mining. Likewise, determine the local geological potential, promote national and foreign investment, and implement the best practices for the use of resources.
The Plan will guarantee the existing legal
security framework in the Constitution of
the Republic, thus respecting pre-existing
interpretation of contracts and other
Brasil
Chile
rights, such as contracts and rights previously
administrative actions.
• Generate the optimal technical and legal
conditions to avoid the generation of con icts and controversies, prioritizing, if they arise, direct or assisted negotiations.
By means of the signed Decree, the State undertakes to eradicate the illicit exploitation of minerals, considering its negative impact on the national economy, nature, the health of the communities and the legal security of the holders of existing mining rights.
Among the provisions of this Decree are the following:
• The Agency for the Regulation and Control of Energy and Non-Renewable Natural Resources must prepare, within a period of three months from the e ective date of this Decree, a report referring to mining rights under the regimes of large mining, medium mining, small mining and artisanal mining granted and in force.
• The Decree also provides that within 90 days, the Ministry of Energy, in coordination with the Energy Regulation and Control Agency, must implement an Action Plan that allows the development of a technological tool for the administration of mining rights that promotes the generation of new national and foreign investments. Once this phase is concluded, the reopening of the mining cadastre will be ordered.
• A period of four months is established for the Ministry of Energy to prepare and implement a Formalization Plan for artisanal miners.
• The Ministry of Energy within three months must modify the Instructions for the Granting of Metallic Mineral Concessions for the granting of metallic mining concessions and expired areas or that have been returned or reverted to the State, in order to establish conditions that guarantee fair and equitable treatment for the participation of national and international actors.
• The Ministry of Energy must expedite the execution of strategic and second- generation mining projects, ensuring timely management of the sector.
The execution of this Executive Decree will come into force as of its subscription, without prejudice to its publication in the O icial Registry.
acquired and duly signed with the State.
Likewise, it will guarantee the execution of an inter-institutional strategy for the eradication of the illicit exploitation of minerals, its environmental and social impacts, in favour of legal and responsible mining.
The Decree grants a period of 100 days for the Ministry of Energy and Natural Resources to disseminate the conditions in which legal and responsible mining must take place in the country, in addition to establishing the following nine actions that must be carried out with the support of the other entities’ competent authorities of the State:
• Disseminate the conditions in which legal and responsible mining must be carried out for the bene t of the communities, the general interest of the citizens, observing respect and care for the environment.
• Promote and promote the generation of regulations on prior consultation processes for cases in which government decisions or authorizations in uence the territories of indigenous peoples and nationalities.
• Design a comprehensive strategy for the prevention, combat and application of sanctions to the illicit exploitation of minerals.
• Work in coordination with the Ministry of the Environment, Water and Ecological Transition in the adoption of measures for the timely attention of administrative acts and other environmental permits.
• Instruct ENAMI on taking actions to develop and facilitate associative agreements in order to allow the participation of private investors in the projects under their charge.
• Promote and disseminate statistics and projections of the mining sector.
• Promote transparent and equitable negotiations between the State and mining owners in favour of promoting the development of the sector.
• Strengthen the institutional framework of
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