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LITIGATION AND CONTINGENCIES
12 Months Ended
Dec. 31, 2022
LITIGATION AND CONTINGENCIES  
LITIGATION AND CONTINGENCIES

23  LITIGATION AND CONTINGENCIES

23.1        Lawsuits and other legal actions:

In the opinion of the Company’s legal counsel, the Parent Company and its subsidiaries do not face legal or extrajudicial contingencies that might result in material or significant losses or gains, except for the following:

1)Embotelladora del Atlántico S.A. and Andina Empaques Argentina S.A. face labor, tax, civil and trade lawsuits. Accounting provisions have been made for the contingency of a probable loss because of these lawsuits, totaling CLP 1,397,149 thousand (CLP 1,917,657 thousand as of December 31, 2021). Management considers it unlikely that non-provisioned contingencies will affect the Company’s income and equity, based on the opinion of its legal counsel. Additionally, Embotelladora del Atlántico S.A. maintains time deposits for an amount of CLP 288,399 thousand to guaranty judicial liabilities.
2)Rio de Janeiro Refrescos Ltda. faces labor, tax, civil and trade lawsuits. Accounting provisions have been made for the contingency of a probable loss because of these lawsuits, totaling CLP 45,706,634 thousand (CLP 53,965,870 thousand as of December 31, 2021). Management considers it unlikely that non-provisioned contingencies will affect the Company’s income and equity, based on the opinion of its legal counsel. As it is customary in Brazil, Rio de Janeiro Refrescos Ltda. maintains Deposit in courts and assets given in pledge to secure the compliance of certain processes, irrespective of whether these have been classified as a possible, probable or remote. The amounts deposited or pledged as legal guarantees amounted to CLP 23,260,412 thousand (CLP 23,502,962 thousand as of December 31, 2021).

Part of the assets held under warranty by Rio de Janeiro Refrescos Ltda. as of December 31, 2014, are in the process of being released and others have already been released in exchange for guarantee insurance and bond letters for BRL 1,950,203,388, with different Financial Institutions and Insurance Companies in Brazil, these entities receive an annual commission fee of 0.55%. and become responsible of fulfilling obligations with the Brazilian tax authorities should any trial result against Rio de Janeiro Refrescos Ltda. Additionally, if the warranty and bond letters are executed, Rio de Janeiro Refrescos Ltda. promises to reimburse to the financial institutions and Insurance Companies any amounts disbursed by them to the Brazilian government.

Main contingencies faced by Rio de Janeiro Refrescos are as follows:

a)Tax contingencies resulting from credits on tax on industrialized products (IPI).

Rio de Janeiro Refrescos is a party to a series of proceedings under way, in which the Brazilian federal tax authorities demand payment of value-added tax on industrialized products (Imposto sobre Produtos Industrializados, or IPI) totaling BRL 2,867,475,111 as of December 31, 2022.

The Company does not share the position of the Brazilian tax authority in these procedures and considers that it was entitled to claim IPI tax credits in connection with purchases of certain exempt raw materials from suppliers located in the Manaus free trade zone.

Based on the opinion of its advisers, and legal outcomes to date, Management estimates that these procedures do not represent probable losses and has not recorded a provision on these matters.

Notwithstanding the above, the IFRS related to business combination in terms of distribution of the purchase price establish that contingencies must be measured one by one according to their probability of occurrence and discounted at fair value from the date on which it is deemed the loss can be generated. As a result of the acquisition of Companhia de Bebidas Ipiranga in 2013 and pursuant to this criterion and although there are contingencies listed only as possible for BRL 552,722,424 (amount includes adjustments for current lawsuits) a start provision has been generated in the accounting of the business combination for BRL 125,421,068.

b)Other tax contingencies.

They refer to ICMS-SP tax administrative processes that challenge the credits derived from the acquisition of tax-exempt products acquired by the Company from a supplier located in the Manaus Free Zone. The total amount is BRL 464,269,491 being assessed by external attorneys as a remote loss, so it has no accounting provision.

The company was challenged by the federal tax authority for tax deductibility of a portion of goodwill in the 2014-2016 period arising from the acquisition of Companhia de Bebidas Ipiranga. The tax authority understands that the entity that acquired Companhia de Bebidas Ipiranga is Embotelladora Andina and not Rio de Janeiro Refrescos Ltda. In the view of external lawyers, such a statement is erroneous, classifying it as a possible loss. The value of this process is BRL 546,082,453, as of the date of these financial statements.

3)Embotelladora Andina S.A. and its Chilean subsidiaries face labor, tax, civil and trade lawsuits. Accounting provisions have been made for the contingency of a probable loss because of these lawsuits, totaling CLP 1,552,353 thousand (CLP 1,487,509 thousand as of December 31, 2021). Management considers it is unlikely that non-provisioned contingencies will affect income and equity of the Company, in the opinion of its legal advisors.
4)Paraguay Refrescos S.A. faces tax, trade, labor and other lawsuits. Accounting provisions have been made for the contingency of any loss because of these lawsuits amounting to CLP 39,291 thousand (CLP 41,370, thousand as of December 31, 2021). Management considers it is unlikely that non-provisioned contingencies will affect income and equity of the Company, in the opinion of its legal advisors.

23.2        Direct guarantees and restricted assets:

Guarantees and restricted assets are detailed as follows:

Guarantees that commit assets recognized in the financial statements:

Committed assets

Accounting value

Guaranty Creditor

  

Debtor name

  

Relationship

  

Guaranty

  

Type

  

12.31.2022

  

12.31.2021

ThCh$

ThCh$

Administradora Plaza Vespucio S.A.

Embotelladora Andina S.A.

Parent company

Cash

Trade accounts and other accounts receivable

98,170

86,416

Cooperativa Agricola Pisquera Elqui Limitada

 

Embotelladora Andina S.A.

 

Parent company

 

Cash

 

Other non-current financial assets

 

1,056,320

 

1,216,865

Mall Plaza

 

Embotelladora Andina S.A.

 

Parent company

 

Cash

 

Trade accounts and other accounts receivable

 

330,298

 

290,890

Serv. Nacional Aduanas

Embotelladora Andina S.A.

Parent company

Cash

Trade accounts and other accounts receivable

18,583

Metro S.A.

Embotelladora Andina S.A.

Parent company

Cash

Trade accounts and other accounts receivable

21,207

24,335

Parque Arauco S.A.

Embotelladora Andina S.A.

Parent company

Cash

Trade accounts and other accounts receivable

142,901

126,136

Lease agreement

Embotelladora Andina S.A.

Parent company

Cash

Trade accounts and other accounts receivable

103,711

Others

Embotelladora Andina S.A.

Parent company

Cash

Trade accounts and other accounts receivable

14,183

Several retail

 

Vending

 

Subsidiary

 

Cash

 

Trade accounts and other accounts receivable

 

61,395

 

63,792

Several retail

Transportes Refrescos

Subsidiary

Cash

Trade accounts and other accounts receivable

693

628

Several retail

Transportes Polar

Subsidiary

Cash

Trade accounts and other accounts receivable

22,235

69,745

Workers’ claims

Rio de Janeiro Refrescos Ltda.

Subsidiary

Judicial deposit

Other non-current non-financial assets

6,605,781

6,057,282

Civil and tax claims

Rio de Janeiro Refrescos Ltda.

Subsidiary

Judicial deposit

Other non-current non-financial assets

6,457,702

6,562,747

Governmental entities

Rio de Janeiro Refrescos Ltda.

Subsidiary

Plant and equipment

Property, plant and equipment

10,196,929

10,882,933

Distribuidora Baraldo S.H.

 

Embotelladora del Atlántico S.A.

 

Subsidiary

 

Judicial deposit

 

Other non-current non-financial assets

 

97

 

164

Acuña Gomez

Embotelladora del Atlántico S.A.

Subsidiary

Judicial deposit

Other non-current non-financial assets

145

247

Nicanor López

Embotelladora del Atlántico S.A.

Subsidiary

Judicial deposit

Other non-current non-financial assets

104

176

Municipalidad Bariloche

Embotelladora del Atlántico S.A.

Subsidiary

Judicial deposit

Other non-current non-financial assets

2,428

2,230

Municipalidad San Antonio Oeste

 

Embotelladora del Atlántico S.A.

 

Subsidiary

 

Judicial deposit

 

Other non-current non-financial assets

 

10,664

 

18,153

Municipalidad Carlos Casares

 

Embotelladora del Atlántico S.A.

 

Subsidiary

 

Judicial deposit

 

Other non-current non-financial assets

 

431

 

734

Municipalidad Chivilcoy

 

Embotelladora del Atlántico S.A.

 

Subsidiary

 

Judicial deposit

 

Other non-current non-financial assets

 

66,697

 

113,530

Granada Maximiliano

 

Embotelladora del Atlántico S.A.

 

Subsidiary

 

Judicial deposit

 

Other non-current non-financial assets

 

870

 

1,480

Municipalidad de Junin

 

Embotelladora del Atlántico S.A.

 

Subsidiary

 

Judicial deposit

 

Other non-current non-financial assets

 

139

 

237

Almada Jorge

 

Embotelladora del Atlántico S.A.

 

Subsidiary

 

Judicial deposit

 

Other non-current non-financial assets

 

1,180

 

2,009

Farias Matias Luis

 

Embotelladora del Atlántico S.A.

 

Subsidiary

 

Judicial deposit

 

Other non-current non-financial assets

 

541

 

922

Temas Industriales SA - Embargo General de Fondos

 

Embotelladora del Atlántico S.A.

 

Subsidiary

 

Judicial deposit

 

Other non-current non-financial assets

 

60,575

 

103,110

DBC SA C CERVECERIA ARGENTINA SA ISEMBECK

 

Embotelladora del Atlántico S.A.

 

Subsidiary

 

Judicial deposit

 

Other non-current non-financial assets

 

10,870

 

18,502

Coto Cicsa

 

Embotelladora del Atlántico S.A.

 

Subsidiary

 

Judicial deposit

 

Other non-current non-financial assets

 

1,932

 

3,289

Cencosud

 

Embotelladora del Atlántico S.A.

 

Subsidiary

 

Judicial deposit

 

Other non-current non-financial assets

 

1,208

 

2,056

Jose Luis Kreitzer, Alexis Beade Y Cesar Bechetti

Embotelladora del Atlántico S.A.

Subsidiary

Judicial deposit

Other non-current non-financial assets

4,784

8,143

Bariloche Case

 

Embotelladora del Atlántico S.A.

 

Subsidiary

 

Judicial deposit

 

Other non-current non-financial assets

 

 

1,902

Vicentin

 

Embotelladora del Atlántico S.A.

 

Subsidiary

 

Judicial deposit

 

Other non-current non-financial assets

 

125,683

 

Marcus A.Peña

 

Paraguay Refrescos

 

Subsidiary

 

Real estate

 

Property, plant and equipment

 

4,965

 

5,692

Mauricio J Cordero C

 

Paraguay Refrescos

 

Subsidiary

 

Real estate

 

Property, plant and equipment

 

 

987

José Ruoti Maltese

 

Paraguay Refrescos

 

Subsidiary

 

Real estate

 

Property, plant and equipment

 

 

712

Alejandro Galeano

 

Paraguay Refrescos

 

Subsidiary

 

Real estate

 

Property, plant and equipment

 

 

1,365

Ana Maria Mazó

 

Paraguay Refrescos

 

Subsidiary

 

Real estate

 

Property, plant and equipment

 

1,113

 

1,300

Guarantees that do not commit assets recognized in the Financial Statements:

Committed assets

Amounts involved

Guaranty creditor

    

Debtor name

    

Relationship

    

Guaranty

    

Type

    

12.31.2022

    

12.31.2021

ThCh$

ThCh$

Labor procedures

 

Rio de Janeiro Refrescos Ltda.

 

Subsidiary

 

Guaranty receipt

 

Legal proceeding

 

1,936,493

1,593,498

Administrative procedures

 

Rio de Janeiro Refrescos Ltda.

 

Subsidiary

 

Guaranty receipt

 

Legal proceeding

 

7,616,498

4,717,824

Federal government

Rio de Janeiro Refrescos Ltda.

Subsidiary

Guaranty receipt

Legal proceeding

186,607,491

153,491,717

State government

Rio de Janeiro Refrescos Ltda.

Subsidiary

Guaranty receipt

Legal proceeding

117,027,313

64,725,638

Sorocaba Refrescos

Rio de Janeiro Refrescos Ltda.

Subsidiary

Guaranty receipt

Guarantor

3,280,603

3,027,291

Others

Rio de Janeiro Refrescos Ltda.

Subsidiary

Guaranty receipt

Legal proceeding

3,423,715

3,390,177

Aduana de EZEIZA

 

Andina Empaques Argentina S.A.

 

Subsidiary

 

Surety insurance

 

Faithful compliance of contract

 

3,791

637,631