On February 15, 2017, resolution NAC-DGERCGC17-00000121 was issued. In this resolution, the Internal Revenue Service (SRI) established the conditions for calculating the so-called Average Effective Tax Rate (TIE), and the procedures and control of the refund of the excess paid on the income tax advance payment on 2016 fiscal year.
The Individual Effective Tax Rate corresponds to the highest value between the tax due and the determined advance, divided by the income of the taxpayer. The Average Effective Tax Rate of Taxpayers, on the other hand, corresponds to the sum of all individual effective tax rates, divided by the total taxpayers.
For financial year 2016, the TIE applicable to companies is 1.7% and for natural persons and undivided successions that required accounting was determined at 1.7%.
In case the individual TIE is greater than the average TIE, corresponding to its type of taxpayer, the claim will proceed.