A Couple of Legal Details

Postby Ventisquero » Sun Jul 20, 2008 5:25 pm

I have a doubt about a legal detail. When I signed a compraventa at the Notary, I was given a SII form called Certificado de Enajenacion. Then I needed to supply it to register (inscribir) the property at the Conservador de Bienes Raices. I was leaving Chile soon thereafter and asked another person to pick up the paperwork and send it to me to Canada. They sent a compraventa with the Conservador stamp and some other papers, but not the Certificado de Enajenacion. Can anyone please check and let me know if you still have that Certificate after you registered your property?

Also, has anyone tried to modify the owner's name online at the SII website? I tried it twice, and they rejected my applications because the "inscripcion es mal citada" although I'm pretty sure I provided all correct data...

Thanks.
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Re: A Couple of Legal Details

Postby admin » Sun Jul 20, 2008 7:52 pm

Don't worry about it. The notary is obligated to send that to the IRS. The copy you get is for the Registry to prove that the document was sent by the notary. It is an internal paperwork shuffle. It does not prove ownership. In fact, if you request a certificate from the IRS is states right on it that it does not prove ownership.

The IRS web site database is about a year behind in updating those documents when they get them ( forget the public web site ). You can make a presentation to change the name, but don't bother. At the end of the day, just make sure your property taxes are paid quarterly ( they no longer allow you to pay in advance). Even when they are not paid on time, it takes the IRS a long time to get around to seizing property. For example, we have had clients fall behind up to two years on it before they started the seizure proceedings. Still, I would not recommend falling behind. Just if you do, you have some margin for error.

You can check the status and make your payment at any IRS office.

So, no worries on that front.

Now that they have changed to quarterly payments and they don't accept payments in advance, we have added this as a service for our clients to care of it for them for the whole year. Clients pay us outside the country, and we pay the IRS.

A lot of times the property tax is a silly small amount of money ( like 17,000 pesos a year ), but it is sufficient to get your property auctioned if you ignore it or forget about it for too long.
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Re: A Couple of Legal Details

Postby Ventisquero » Sun Jul 20, 2008 8:50 pm

Thank you, Charles. I supposed there was no need to worry, but just though I'd better ask...
BTW, supposedly my parcela is "exenta de contribuciones"
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Re: A Couple of Legal Details

Postby admin » Sun Jul 20, 2008 10:49 pm

yea, if your land is zoned rural agricultural land then most of the time you are tax exempt. Just keep an eye out because they are in the process of revaluing land for tax purposes (not the same as market value) across Chile. Even if it does increase, there is phased in process of increasing the tax over several years until it reaches the new tax rate. Don't quote me on it because my memory is failing me at this second, but I think it is a 10% cap per year increase.
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