Austria: Austria signs treaty with Chile

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Austria: Austria signs treaty with Chile

richardson.jpg

Elinore Richardson

On December 6 2012, Austria signed its fourth treaty with a Latin American country – adding Chile to Brazil, Mexico and Venezuela as a treaty partner. The treaty is interesting for a number of reasons. First, the withholding rates in the treaty are set for dividends (15%), for interest (5% on bank loans, traded bonds and certain sales on credit and 15% otherwise) and for royalties (5% for those payable for use of industrial, commercial or scientific equipment and 15% for all others). The Austria-Chile double tax treaty protects Chile's right to levy its two tier tax and insures that the effective Chilean tax rate on dividends paid to foreign shareholders is not reduced.

Secondly, the treaty adopts the expanded definition of permanent establishment characteristic of Chile's double tax treaties including the UN model provision to cover building sites or construction and installation projects and related supervisory activities which last more than six months. In addition, the definition includes a services provision which catches such activities that continue for periods aggregating more than 183 days in any 12 month period. Chile has recently changed its domestic taxation of permanent establishments to include their worldwide income.

Finally, the treaty includes a capital gains provision on disposals of shares unusual to recent Austrian double tax treaties, but which appears in some ways to reinforce the Chilean domestic law provisions taxing capital gains of foreign taxpayers. Gains on disposal of shares are taxable in the residence state of the seller but may also be taxed by the state in which a company is resident if, either the foreign seller at any time during the 12 months preceding the sale directly or indirectly owned shares representing 20% or more of the company's capital, or more than 50% of the value of the gains is derived from immoveable property (no carve out for business immovables). Gains from the sales of other shares may be taxed in both the residence and source state, but the source state is limited to a tax of 17%. Neither of the provisions, however, applies to allow the source state to tax pension funds on their gains which are taxable only by their state of residence.

Elinore Richardson (elinore.richardson@wolftheiss.com)

Wolf Theiss

Tel: +43 1 515 10 5900

Website: www.wolftheiss.com

more across site & shared bottom lb ros

More from across our site

The UK firm made the appointments as it seeks to recruit 160 new partners over the next two years
The network’s tax service line grew more than those for audit and assurance, advisory and legal services over the same period
The deal is a ‘real win’ for US-based multinationals and its announcement is a welcome relief, experts have told ITR
Tom Goldstein, who is now a blogger, is being represented by US law firm Munger, Tolles & Olson
In looking at the impact of taxation, money won't always be all there is to it
Australia’s Tax Practitioners Board is set to kick off 2026 with a new secretary to head the administrative side of its regulatory activities.
Ireland’s Department of Finance reported increased income tax, VAT and corporation tax receipts from 2024; in other news, it’s understood that HSBC has agreed to pay the French treasury to settle a tax investigation
The Australian Taxation Office believes the Swedish furniture company has used TP to evade paying tax it owes
Supermarket chain Morrisons is facing a £17 million ($23 million) tax bill; in other news, Donald Trump has cut proposed tariffs
The controversial deal will allow US-parented groups to be carved out from key aspects of pillar two
Gift this article