Protocol - Protocol

Fiscal transparency defined and PE aggregation rules clarified, preserving domestic taxing powers under the India-Chile tax treaty.

Protocol preserves each Contracting State's taxing powers, allowing India to apply higher rates to profits of a Chilean resident's permanent establishment in India and to maintain its additional tax on distributed profits, and allowing Chile to tax profits attributable to a permanent establishment in Chile under its dual corporate tax regime provided the First Category Tax is creditable against the Additional Tax. It defines fiscally transparent entities, excludes penalties from the term 'tax,' treats domestically taxable units as bodies of persons, prescribes aggregation rules for associated enterprises in PE timing, and limits Chile's obligation to adjust taxes after domestic refund periods or five years.