TEMPORARY REDUCTION OF THE GIFT TAX
- A one-time, transitional 50% reduction of the gift tax is proposed, on a per-donor basis, to encourage early gifting or succession planning.
- It is exempt from the judicial authorization requirement (insinuación judicial) is waived. Donations must be executed by means of a public deed signed within one year from the first day of the month following the publication of the law.
- In addition, the donor must submit an affidavit certifying compliance with the requirements. This affidavit must be filed with the Chilean Tax Authority in the manner and within the timeframe established by the Chilean Tax Authority in a resolution.
- Only the potential beneficiaries of the donor’s statutory heirs — i.e., their mandatory heirs, such as children or a spouse — and of the cuarta de mejoras — persons whom the donor may specifically benefit within their family circle — may qualify for this benefit, in the proportion freely determined. Donations to third parties will not qualify for the reduction, unless the donor has no such beneficiaries at the time of the donation.
In no case may the value of the donation exceed 50% of the donor’s total estate. For these purposes, the donor must demonstrate that they retain assets whose value is at least equivalent to twice the value of the donated assets. - For the calculation of credits against future inheritances, the amount of tax that would have been due without the 50% reduction shall be considered paid; that is, it may be credited at 100% against the inheritance tax.
- For purposes of this donation, prior donations made by the same donor in favor of the same donee shall not be aggregated.
- Gifts between spouses made under this regime will be deemed irrevocable and will therefore be subject to the gift tax.
- The donee may finance the gift tax through loans granted by public deed or promissory notes authorized before a notary, issued by the companies whose equity interests or shares are being donated or by other related companies, without the penalty tax established in Article 21 of the Income Tax Law being applicable. The above applies provided that the loans are denominated in UF and have a term of 10 years or less. Interest paid on debts incurred to finance such loans is not deductible as a tax expense.
- If the donee disposes of the donated asset within 3 years from the date of the deed of gift, the tax cost of such assets shall correspond to
the cost the donor would have had, in accordance with general rulesthe lower of: (i) the donor’s tax cost at the time of the donation; and (ii) the general tax cost that would otherwise apply to the donee.
Effective date: second month following the publication of the law, for a period of 12 months.
The provisions shown in color correspond to amendments approved by the Congress.