Tax Alert | CCL Reports: What Are the New Cases the SII Will Consider Potentially Tax Avoidance?

On this occasion, 7 new transactions have been incorporated that could be considered tax avoidance schemes, expanding the Tax Schemes Catalogue to 92 schemes.

The Internal Revenue Service (SII) has published its ninth version of the Tax Schemes Catalogue, a document that annually identifies cases or planning strategies considered potentially tax avoidance practices—that is, legal tools that taxpayers may be using to reduce their tax burden.

This time, 7 new transactions were added that could be classified as avoidance, bringing the catalogue to 92 schemes. These include cases related to intergenerational wealth transfers aimed at avoiding Gift Tax; corporate reorganizations designed to erode the taxpayer’s taxable base and reduce Income Tax payments; and the provision of professional services through a company to lower an individual’s tax burden.

It is worth noting that this document has been published by the institution since 2015 and is “available to taxpayers to increase legal certainty and improve tax compliance.”

Which taxpayers does this new edition focus on?

According to the SII, “while tax avoidance is not exclusive to a specific type of taxpayer, we have observed that it is mainly concentrated among high-net-worth individuals and business groups, who have access to tax advisory services and greater knowledge. As a Service, we apply the current legislation with maximum rigor, along with all auditing efforts, to stop this type of conduct that only seeks to harm the tax system.”

Review the new transactions in the following Tax Alert prepared by Jaime Preiss, Partner of Legal Tax Consulting at CCL Auditores Consultores.

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