by admin on Mon Mar 24, 2008 7:42 pm
Well here is the short answer. If you are running a legitimate business inside Chile, then you need a legitimate company, which means someone must be a legal representative of the company that has permanent residency or is a Chilean citizen. Tourism is regulated under IVA tax rules.
The guides can be hired by the company on temporary work visas by the company for any length of time. Temporary work visas are fairly easy to get, and in some parts of the country amount to no more than a mail in form with a copy of a contract. Someone however, in a fully foreign operation, needs to stick around and get their residency to start a legal business.
Everyone needs to pay taxes. The IRS in Chile knows all and sees all. Notice the number of pages on the forum devoted to the difference between a RUT and a RUN number. The number is for the most part the same, and it is everywhere in the system. I get asked for my RUT at the pharmacy going to buy aspirin, or a cell phone, or whatever in Chile. Don't play games with the IRS in any country, the one in Chile has its act together better than most countries in the World.
But here is the catch 22 of what is going on. Under Chile's laws all income generated outside the country is taxable for businesses, and at the end of the year they are suppose to repatriate that money to Chile, declaring it and so on. That is the official rule.
Well, we asked about this at the IRS recently and the lady told us not to worry about it. Chile was not going to go try and audit your foreign sources of income. Technically it is a crime, practically it is one of those how you going to prove it problems sufficiently difficult to enforce that very few Chileans or foreigners bother with it for small operations. That is still not the same as outright never paying taxes.
I think the problem is that foreigners working here and foreign business owners here have taken that to also mean they do not need to follow any of the other business rules. So, to avoid paying taxes, dealing with the immigration, they never set up a proper business structure or issue the IVA receipts at all or on a very limited basis. This is where they are going over the line in breaking all kinds of laws that are very well integrated and regulated.
They are well regulated because Chileans don't like paying taxes either if they can get away with it. Very closely tied to the tax issues are your labor laws, health permits, and so on. They are all tied together in Chile. You can not really cut corners on one without cutting corners on some other laws or regulations. So, I think that is the core of the problem with foreigners simply not understanding or appreciating just how integrated Chile's system is on so many different levels. This might be a developing country, but it is not Guatemala.
You also can not just go out and hire any lawyer off the street corner. I think this is another area that a lot of foreigners get themselves in trouble. Even if they hire a lawyer, they hire lawyers with no experience in the area they need. Say, a local lawyer out of Puerto Montt that mostly has only done contracts since law school. Dealing with foreigners is fairly specialized area, and everyone has a different set of problems particular to their circumstances. Most lawyers do a lot of contracts, perhaps go to court once in a while, and there are plenty that will just tell you what you want to hear especially if they can not really communicate with their clients anyway. How many fully English speaking lawyers are there south of the Bio Bio river (region IX) in Chile that can speak any competent level of legal English to explain some really complex and delicate legal issues in terms of the legal traditions the foreigners come from (e.g. EU vs Common Law)? I only know one.
Now lots of people play games with this, or don't fully go do everything, but the guys in this case really really pushed the limit.
That said, it is rather surprising how many foreign owned tourism businesses are doing it in Southern Chile. This last week we caught wind by rumor and other sources of about half dozen of them walking the line, and we are not really looking for them. I get the impression this high profile bust was in part a warning shot for all the guys doing it to cleanup their act.
I don't think Chile wants to drive all the foreign tourism businesses out of Chile in any way, just don't get abusive about it. Chile overall is fairly forgiving in the sense of giving lots of slack to foreigners starting businesses. A lot of the government offices and officials we work with for our clients are very understanding once we explain the situation, and will do things like wait for some paperwork while another office is clearing some other paperwork; but, you got to work with the system not ignore it.