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From the National Association of Internal Revenue Officials (Aneiich) and the Association of Internal Tax Inspectors (Afiich) they warned that the reduction in the calculation of taxes to Empresas Penta for 1,400 million pesos “does not have any legal support” and announced that they will appeal to the Comptroller General of the Republic for you to investigate.
After the revelation of that fact in a report by Cyprus, SII officials, through a joint statement, pointed out that the benefit to the holding company “It is not a mere interpretation of the norm, but it has an open illegal character, defining as ‘tax’ expenses that in no term are intended to generate incomeRather, they correspond to the judicial defense against fraudulent actions by the representatives of a company that repeatedly committed acts constituting a crime, and was convicted of it. “
“Any action intended to investigate and compensate the damage caused by a malicious act, is reduced to its minimum expression, if the SII recognizes as an accepted expense to the companies, the fees of lawyers hired precisely to defend themselves against the action of supervisory bodies and of control “, indicated the unions.
They also pointed out that “the interpretation used by the highest authorities of the SII to accept these expenses of the company Penta it does not have any legal support, neither in the tax code nor in its internal regulations “.
In that sense, they recalled that “Circular 53 of the Regulatory Subdirectorate, issued on August 10, 2020, expressly states that ‘It is not appropriate to consider as expenses necessary to produce income those that are caused by the slight or serious fault of the taxpayer’ “.
Questioning the role of the management of the supervisory body, the officials stressed that “This alien attitude, indolent and aligned with the old and petty interests that have broken the institutional framework of our country only emphasize the urgent need to carry out profound reforms to the tax system, and to have an Internal Revenue Service with institutional authorities autonomous, who know how to respond to the best interests of Chile “.
“It is for this reason that from our civil servants associations we will present a formal complaint to the Comptroller General of the Republic so that it investigates these irregularities of our highest authorities, and we call on the Chamber of Deputies to exercise its oversight functions and constitute an investigative commission to clarify these serious facts, “announced the workers.
Joint statement of the Associations of Officials of the @SII_Chile, grouped in @Afiich Y @aneiich, regarding the new “pardon” to the Group #Penta @anefchile @ Dutch pic.twitter.com/Dl4XRnUpok
– Afiich (@Afiich) October 28, 2020
According to the information provided last night by Cyprus, the economic group benefited from the fact that the service considered as “necessary expenses” a significant amount of resources for its defense in the cause that bears his name.
The report revealed that more than 1,400 million pesos were discounted, a reduction that would have been made in several items: those of Alcaíno Abogados; Bofill Escobar Ltda .; Society of Professionals López Escobar del Río Ltda., and also for the diets and participation of directors.
There was also a game for several consultancies presented by the current Minister of Public Works, Alfredo Moreno, who was one of the controllers of Grupo Penta, for an amount of 453 million pesos. However, these were not reliquidated, because from the beginning they were considered necessary expenses, and when reviewing them there was no difference in the amounts.
The director of the SII, Francisco Barraza, appeared on Tuesday before the Finance Commission in order to provide background information regarding the process in which the appeal made by the Penta Group was accepted, before which he indicated that the case is covered by the tax secret, therefore, “I will not be able to refer to the case in a public session.”
Barraza specified that, within the restricted information that can be delivered to the instance, because they are matters related to the tax field and that by law are confidential for any taxpayer, the process and the respective reports that made the benefit to Penta possible are “adjusted to law”, and that “Any conclusion that may be drawn from a newspaper article does not have a technical or legal basis”, alluding to the report of Cyprus.
“As director of the Service, I am not in the background of this case, but I remain at your disposal so that, if you agree, in a secret session, open the information a little more and, in this way, to be able to resolve the doubts that have been raised here, “he said.
After its presentation, the Commission, chaired by Deputy Daniel Núñez (PC), agreed, for 11 votes in favor and 1 abstention, conducting a secret session to continue analyzing this issue, which will be attended by the Minister of Finance.
The secret nature of the instance will allow more tax records to be delivered to the legislative group To better understand the procedure that ended in the delivery of the tax benefit to Penta, according to the website of the Lower House.
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