TAX CONSULTING

Our team of tax lawyers and auditors provides a comprehensive service in tax matters.
Our wide range of services includes the following:

• Legal tax consultancy in the economic activities of our clients.
• Tax advice on the design or legal modification of businesses, as well as on the end of business in Chile.
• Tax consultancy specialising in the sale and purchase of companies and relevant assets.
• Legal consultancy specialising in taxation of intangible assets and digital services.
• Analysis and definition of tax strategies in restructuring of business groups, through mergers, corporate spin off, transformations, capital contributions, capital reductions, barter transactions, incorporation of new partners, profit distributions and structured financing.
• Application of the network of international tax treaties signed by Chile, in the context of global business and cross border transactions.
• Legal coordination of multi-jurisdictional processes.
• Tax analysis of contracts and other legal acts in which our clients are involved, especially at the level of Income Taxes and VAT.
• Legal advice on customs and foreign trade matters.
• Representation of clients before the Chilean Internal Revenue Service in all kinds of matters.
• Legal and tax advice on the collection of municipal patents.
• Issuance of legal reports on tax, customs and civil liability matters.

BUSINESS LEGAL ADVICE

Our comprehensive tax consultancy not only considers defining the best strategy for each case but also includes the legal implementation of such processes.
We execute a wide variety of legal acts, including the following:

• Negotiation and drafting of contracts for the sale-purchase of companies and strategic assets, as well as all preliminary, ancillary and post-sale agreements.
• Negotiation and drafting of merger agreements, corporate spin off, capital increases, incorporation of subsidiaries and branches, structured finance, capital returns and other legal acts conducive to the growth, internationalisation or restructuring of business groups.
• Negotiation and drafting of joint ventures agreements. We also carry out the legal execution of divestment and liquidation processes of companies and enterprises.
• Negotiation and drafting of shareholders' agreements, board meetings, mandates and powers of attorney, among other corporate acts.
• Review and drafting of several types of commercial contracts, with a special focus on digital services and businesses, typical of the so-called "digital economy".

TAX COMPLIANCE

Compliance with tax regulations requires in-depth knowledge of these matters, both for the routine running of business as well as in special processes.
Our team offers the following services:

• Tax consultancy to companies for compliance with corporate taxes, tax on foreigners, VAT, labour income tax, customs duties, stamp duty, municipal patents and specific taxes on certain activities.
• Determination of annual tax results of companies and their owners. Preparation of preliminary calculations to support timely decision-making.
• Assistance in the preparation of VAT.
• Preparation of tax returns to be filed by companies.
• Calculation of the profits or losses arises from the sale of assets and companies.
• Calculation and processing of petitions to the Chilean IRS for VAT refund on the purchase of fixed assets and exported goods or services.
• Tax calculations and expert reports required in company mergers and corporate spin off.
• Calculation of taxes applicable to inheritances and gifts.
  Up-to-date control of the Business Income Registers that taxpayers must keep.
• Review of tax losses for their proper use by companies.
• To perform the necessary calculation to apply to the Chilean IRS for a refund of overpayments or undue payments.
• Processing of special petitions before the Chilean IRS, the National Treasury of Service and Municipalities.
• Preparation and management of liquidation of companies.

TAX DISPUTES RESOLUTION

The complexity of tax and customs regulations is a frequent source of disputes. Abuid Tax & Legal has extensive experience in defending clients in tax disputes.
Our services cover the following areas:

• Legal representation of clients before the Chilean Internal Revenue Service, Tax and Customs Courts and Chilean Higher Courts of Justice.
• Administrative representation of clients in audits initiated by the Chilean Internal Revenue Service, to defend their interests in such proceedings.
• Specialised defence in transfer pricing lawsuits, asset valuation audits and litigation on these matters.
• Legal representation of clients in tax collection proceedings before the National Treasury Service and Courts of Justice.
• Criminal defences in prosecutions involving charges of tax or customs offences.
• Filing special petitions asking for remission of interest and tax penalties before the Chilean Internal Revenue Services and the National Treasury Service.
• Submission of petitions to the Chilean Internal Revenue Service to obtain an official ruling for the accurate interpretation of a tax regulation.

INHERITANCES AND GIFTS

The transfer of wealth through inheritances and gifts requires in-depth legal and tax knowledge.
Abuid Tax & Legal has a specialised tier of services in this area, including the following:

• Advice on the processing of inheritances.
• Advice on the drafting of wills and bequests, as well as on the subsequent execution.
• Advice on the drafting and processing of all kind of gifts.
• Review of states and its tax valuation to project taxes on inheritances, bequests and gifts.
• Drafting of protocols and private rules in families involved in business, for the access of new generations into the businesses.
• Tax and legal consultancy relating to inheritance proceedings.
• A comprehensive legal and tax review of international businesses for inheritance purposes.
• Legal representation in processes of partition of inherited estates, either judicially or by mutual agreement between the heirs.
• Legal representation in the sale of assets acquired by inheritance or gifts.

TRANSFER PRICING SERVICES AND VALUATIONS

Abuid Tax & Legal provides specialised advice on transfer pricing analysis applicable to cross border transactions executed between related parties.
Our services include the following:

• Issuance of transfer pricing reports, aimed at reviewing or supporting the values of goods, services and financing contracted by customers with related parties abroad.
• Tax Compliance with the sworn affidavits and reports required by the Chilean Internal Revenue Service.
• Legal Defences in transfer pricing and asset valuation audits initiated by the Chilean Internal Revenue Service or until Tax Courts of Justice.
• Legal Defences in transfer pricing litigation before the Chilean Tax and Customs Courts.
• Valuation of assets to be considered at market price for inheritance and gift purposes.
• Valuation of companies and relevant assets in mergers and acquisitions.
• Specialized tax consultancy on transfer pricing issues.

LABOUR AND IMMIGRATION ADVICE

In alliance with our external team of labour lawyers, we provide legal advice on labour and immigration law matters, highlighting:

• Routine legal consultancy on labour, social security, immigration matters.
• Employment consultancy for executives and senior managers within organisations.
• Collective labour advisory, focusing on collective bargaining and complex labour processes, such as strikes and agreements with trade unions.
• Assessment of labour and social security contingencies (labour due diligence).
• Legal assistance in individual and collective dismissal processes.
• Analysis, design and implementation of improvements for compliance with legal standards in labour, social security and health matters, especially about working hours, salaries, internal regulations, compliance with health and safety standards, joint committees and risk prevention protocols.
• Advice on immigration processes, determination of immigration status, visa or temporal permits to legal access to Chile.
• Management assistance with contractors, subcontractors or temporary service companies (TSC).
• Representation before the Labour Directorate and other public institutions in labour, social security or health inspections.
• Representation of clients in the cancelation or revision of fines or other labour or social security sanctions issued by the authority.
• Legal representation of clients in labour or social security litigation.