Tax at RS/RSU vesting. Taxable amount is fair market value of the shares at vesting.
Tax on sale; taxable amount may depend on whether investment is registered with the Chilean IRS.
Possible with subsidiary reimbursement but may cause subsidiary to be taxed on the reimbursement payment to parent.
In addition, grant may need 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 taxed as noted under (1).
No, for options taxed as noted under (2), unless subsidiary reimburses the parent and seeks a local deduction.
Social Insurance Contribution:
No, for options taxed as noted under (1).
Likely no, for options taxed as noted under (2), unless subsidiary reimburses the parent and seeks a local tax deduction.
Offer of RS/RSU 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 RS/RSU 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. Contact Baker McKenzie for more information.