There is no specific legislation in Chile on these assets, or on their issuers or intermediaries, except regarding their taxation.
A few of the country’s public agencies however, made statements on them. Now for Chile’s financial institution crypto currencies can't be considered “currencies” within the legal meaning of the term as a result of their high volatility and therefore the absence of any sovereign issuer supporting them Along an equivalent lines, the Financial Market Commission has stated a variety of times that under the legislation because it stands crypto currencies can't be considered “securities”.
Additionally, the financial institution, the Financial Market Commission, the Pensions Agencies and Banks and Economic Institutions Agency are emphatic that despite the absence of a legal framework, all intermediaries, issuers and buyers of crypto currencies must suit the overall regulatory framework that's secondarily applicable to them, containing, among others, anti-money laundering and counter-terrorist financing provisions, and where international market transactions are administered, with the market legislation and regulations.
As we mentioned above, the sole institution that has issued legislation on crypto currencies in Chile is that the tax income Service (SII) which, in Notice no 963, published on May 14, 2018, released a determination on the taxation of income obtained from buying and selling crypto currencies.
It declared that the income obtained in these transactions is assessed under number 5 of article 20 of the tax Law, and taxpayers are taxable respecting the overall taxes laid out in the law (first category, global supplementary and extra tax, as applicable). Alongside this it explained that sales of crypto currencies aren't subject to Chilean VAT and included digital assets under Sworn Declaration no 1891, having the historic aim of recording the purchasing and selling of transactions and purchases of assets and other instruments.
To respond to the high-growth and increasing sophistication of monetary platforms, in 2019 the Ministry of Finance prepared a bill on Fintech firms, crowdfunding and crypto currencies, submitted for the primary stage of the legislative process within the half of 2020 and thus expected to be published and are available into effective in 2021.
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