Alex Fischer comments on the New Tax Schemes Catalog
Alex Fischer commented to Diario Financiero newspaper: “The catalog establishes a series of situations that are not necessarily elusive. In most cases, the Chilean IRS seeks not to be categorical and to leave open the possibility to analyze case by case. So, it stopped being a catalog of “circumvention” cases and became a catalog of “attention” cases. As such, it seems a valuable effort to generate doctrine. ”
According to his particular analysis, Alex Fischer says that “there are cases that, unlike what the Chilean IRS raises, should not be investigated through the anti-circumvention rule. However, it must be understood that it is proper for the tax authority to analyze the cases with a fiscal criterion. And, beyond the concrete analysis, it seems valuable that as a general criterion, the catalog allows concluding that the IRS does not consider the anti-avoidance rule applicable when there is a business reason and the transactions are carried out at market values “.