Application of the chilean general anti-avoidance rule in respect of the special anti-avoidance rules

Abstract

Chilean law opted to prefer the application of the Special Anti-Avoidance Rule over the application of a General Anti-Avoidance Rule. This paper analyzes four differences of combating avoidance through a general anti-avoidance rule and a special anti-avoidance rule in the Chilean tax system. In addition, three difficult situations in which it is not clear whether a general anti-avoidance rule is applicable are identified and analyzed, proposing a solution in each case. The paper concludes by stressing that these issue are essential for the legal certainty of taxpayers and the proper functioning of the tax system.