Effective 1 January 2020, the tax treatment of options depends on whether options are referenced in the employees' individual employment agreements or collective labor agreements.
(1) If mentioned, tax is only at sale and the taxable amount is the difference between the exercise price and the sale price.
(2) If not mentioned, tax on the spread at exercise and again at sale on any additional gain.
The taxable amount at sale may depend on whether investment is registered with the Chilean IRS.
Please contact Baker McKenzie for more information.
Possible with subsidiary reimbursement but may cause subsidiary to be taxed on the reimbursement payment to parent.
In addition, grant may have to be included in individual employee contracts (which will increase plan entitlement issues).
A written agreement is recommended if a local tax deduction is sought.
Income Tax:
No, for options granted under (1).
No, for options granted under (2), unless subsidiary reimburses the parent and seeks a local deduction.
Social Insurance Contribution:
No, for options granted under (1).
Likely no, for options granted under (2), unless subsidiary reimburses the parent and seeks a local tax deduction.
Offer of options to more than 50 individuals in Chile generally will be viewed as public offer of securities triggering a registration requirement. An exemption for employee share plan offerings may apply provided certain requirements are met, including that a special disclosure is included in offer materials and a notification is filed with the Chilean securities regulation.
Offer of options to 50 or fewer individuals will not be considered a public offer of securities subject to registration requirement provided special securities disclosure is included in offer materials and no mass means of communication used to communicate offer.
Please contact Baker McKenzie for more information.