A case of compliance regulated in administrative matter: the Chilean sanction to the tax advisor in cases of abuse or sham

Abstract

The 20.780 Act, following the OECD’s requirements, introduced into the tax’s law an ad­ministrative illicit that fines to the tax advisor who has designed or planned acts, contracts or arrangements which are constitutive of abuse or sham. Its dogmatic structure references to the criminal compliance. Thus, in the case of the infringements attributable to legal entities, the sanction will apply to the directors and legal representatives who have failed to comply its direction and supervision obligations.