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 2025

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

An OECD report has uncovered a lack of public trust in politicians as a source for tax information. Banning them from owning shares in companies could boost confidence
‘We did not expect to carve out big economies from the minimum tax system’, Estonia’s finance minister said; in other news, Blick Rothenberg has acquired The Vat Consultancy
The proposal seeks to regulate compulsory TP documentation in line with the OECD Transfer Pricing Guidelines and simplify filing requirements
Despite the decline in profitability, the firm’s tax advisory business delivered a 3.4% revenue growth
Firms are making use of inventories and ample profit margins to avoid or absorb the initial impact of higher tariffs, an OECD report said
While UN proposals to shift airline taxation from a residence-based system to a source-state one are not set in stone, ex-British Airways CEO Willie Walsh warns they would increase costs and complexity
Von Wobeser y Sierra’s head of tax shares best practices for resolving tax controversy and touts his firm’s founding partner as an exemplar of legal practice
ITR concludes its analysis of World Tax’s rankings for 2026 by highlighting the firms that stood out most on a global scale
Experts from law firm Kennedys outline the key tax disputes trends set to define 2026, ranging from increased enforcement to continued tariff drama and AI usage
They also warned against an ‘unnecessary duplication of efforts’ in UN tax convention negotiations; in other news, White & Case has hired Freshfields’ former French tax head
Gift this article