The law incorporates some of the offenses already existing in the Tax Code, without any change in the description of the criminal offenses.
On September 1, 2024, the regime applicable to companies of the Economic Crimes Law will enter into force, radically changing the regulatory scenario by expanding the catalog and incorporating new offenses in tax matters.
It is important to mention that the complexity and impact in tax matters will increase significantly. This requirement is reinforced by the criminal risk of receiving incorrect tax advice.
In this sense, it will be essential to carefully evaluate the potential risks for each sector, given that this catalog will not only include elaborate tax frauds, but also conducts that are easy to execute, such as:
- Receiving benefits in exchange for donations.
- Falsifying the declaration of domicile authorization”.
- Omitting tax declarations.
- Violation of seals or locks.
The following are the main tax offenses:
- Misrepresentation in the declaration of domicile.
- Deceptive reduction of the amount of tax.
- The omission of declarations.
- Misuse of true means of service authorization.
- Signing false declarations or balances.
- Violation of closure.
- Abuse of tax benefits related to donations, among others.
In this sense, it is essential that the owners and senior management increase the standards of supervision with the professionals who implement tax policies.
On the other hand, this law will not apply to criminal acts occurring in micro or small companies, which will only maintain their character as criminal acts in the context of the Tax Code, and not as an economic crime as such.
Finally, we emphasize that this stricter and more rigorous legislation should be seen by the business sector as a warning, in order to be duly advised when making tax decisions.
For more information on these topics please contact our Tax team:
Rodrigo Albagli | Partner | ralbagli@az.cl
Álvaro Rosenblut | Partner | arosenblut@az.cl
Andrea Bobadilla | Director of the Tax Group | abobadilla@az.cl
Valentina Herrera | Associate | vherrera@az.cl
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