The bill includes limited changes to the proposed mega-reform, specifically addressing environmental impact assessments, tax stability, and donations.

The nearly 80-page set of guidelines sent yesterday by the government to Congress includes changes limited to the Reconstruction bill promoted by the ruling party. However, the clarifications and adjustments to the text respond to a series of recommendations and alerts raised by various sectors over the past two weeks. Regarding the Supreme Court's questioning of the modifications that the initiative introduces to the environmental assessment regime and the jurisdiction of specialized courts, the text makes changes to several of the bill's articles. The highest court had warned that the proposal required urgent adjustments in terms of regulatory coordination and the precision of jurisdictions to avoid uncertainties in its application. The guidelines include the so-called right to restitution for a favorable environmental qualification resolution (RCA), which can be annulled, for example, through protective appeals. It is stipulated that restitution replaces the state's liability regime for lack of service and that no claims can be made against public officials. This is intended to protect the current standard of officials in the Environmental Assessment System when granting a favorable or unfavorable RCA. "The holder of the annulled or overturned environmental qualification resolution and the Ministry of Finance may legally claim the amount fixed by the commission, within a period of 15 business days from the notification of the commission's report to the holder, before the Court of Appeals of Santiago," states Article 16 of the text, which particularly responds to the suggestions of the Supreme Court, according to sources from the Ministry of Finance. Regarding tax invariability, the government's guidelines specify that foreign investors will no longer necessarily have a maximum income tax rate of 35%, as specified in the bill sent last month. "The maximum tax rate will be determined according to the current regulations at the time the investment contract is signed," government sources reveal. Unlike the original bill, the guidelines specify that the Agency for the Promotion of Foreign Investment will no longer be the one to sign invariability contracts with foreign investors, but rather the Ministry of Finance. "This is because these are contracts with tax implications," the government explains. Regarding the temporary reduction in the tax on donations proposed by the bill, the new text reduces the maximum amount of assets that the donor can have from 75% to 50%. "Only potential heirs and fourth-degree beneficiaries of the donor's assets may be eligible for the reduction established in this article, in the proportion freely determined by the latter," the new wording of the article states, which, according to the government, will give high-net-worth individuals more freedom to allocate their resources among their heirs. However, the text also addresses the transition of the corporate tax reduction. The guideline states that the rates of 27% and 25.5% will not apply to income received or accrued during the years 2026 and 2027 for non-profit entities and state-owned companies. According to government sources, the text incorporates a transitional provision to allow investment projects to enter into invariability contracts with respect to those projects between the introduction of the bill and its publication as law. "By including projects during the processing of the law, the incentive to wait to invest is eliminated," they argue. Artificial Intelligence and Contributions The Ministry of Finance also made no changes to the provision requested by creators and the media regarding Artificial Intelligence. The document maintains that "any act of reproduction, adaptation, distribution or communication to the public of a lawfully published work is permissible, without remuneration or authorization from the holder, when used for data mining." However, it added a new article that creates a Fund for the Promotion and Protection of Intellectual Property. The new instrument will depend on the Ministry of Culture and will have a fiscal budget of 70 thousand Monthly Tax Units (approximately $5 billion current), "with the object of promoting respect and compliance with intellectual property rights and fostering creation protected by this law." The fund will be administered by a committee formed by representatives of four ministries: Culture, Finance, Economy, and Science. The fund will come into effect the month following the month in which artificial intelligence companies begin to generate gross revenues. The Ministry of Finance also made changes to the elimination of contributions for people over 65 years old: "Parking spaces and storage rooms located at the same address as the main residence will be considered part of the main residence, even if they have a different appraisal role than the main residence, provided that they are intended for use related to the accommodation of the beneficiary of the exemption. The remaining properties of the taxpayer will be subject to the general territorial tax regime." NEWSLETTER Pulso PM Monday to Friday, 12:30 PM The most relevant information in markets, companies, and businesses: timely information, context, and content to make better decisions. By subscribing, you accept the Terms and Conditions and the Privacy Policies of La Tercera.