Chile: Chile adopting the Common Reporting Standard

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Chile: Chile adopting the Common Reporting Standard

Benedetto-Sandra
cruzat.jpg

Sandra Benedetto

Martin Cruzat

As a member of the OECD, Chile signed the Convention on Mutual Administrative Assistance in Tax Matters (the Convention) in October 2013, which was approved by the Chilean Congress in November 2015 and promulgated in November 2016. Along with the Convention's promulgation, the government will soon release local legislation on the automatic exchange of financial accounts information (the Regulation). This Regulation will likely follow the OECD's model on the common reporting standard (CRS) and due diligence for financial account information.

The Convention regulates the automatic exchange of information, stating that contracting states must determine how information will be exchanged via a mutual agreement. Part of this would be accomplished through the Regulation, which will standardise the way that financial institutions identify financial accounts related to foreign tax residents and how they provide the account holder's information to the tax authority for it to be exchanged.

The due diligence procedure

In accordance with the CRS, the Regulation will establish that financial institutions, understood as custodial institutions, depository institutions, investment entities and specified insurance companies, must obtain the full name, address, place and date of birth, jurisdiction or jurisdictions of tax residency and tax identification number of the financial accounts holders, or their controllers, who have tax residency abroad.

For this purpose, financial institutions must distinguish between financial accounts held by individuals or entities and whether their accounts are pre-existing or new. To determine this, it must apply a specific due diligence procedure to each account. Also, within pre-existing accounts held by individuals, the Regulation will differentiate between the value of the accounts, depending on whether the account balance is lower or higher than $1 million.

The application of the due diligence procedure should, therefore, result in identified accounts being treated as related to a person with a foreign tax residency abroad, or in them being treated as non-documented in cases where no relevant information is found. For non-documented accounts an annual review should be carried out by reapplying the due diligence procedure, taking into account the nature of the corresponding account.

What should be expected

Any local entity qualifying as a financial institution as defined by the Regulation should be ready to adopt and incorporate the CRS provisions.

The changes will pose a challenge, not only because of the administrative burden it would impose of financial institutions managing a large number of accounts, but also because of the IT burden it poses on classifying the respective accounts and gathering the necessary data.

Finally, financial institutions should consider the time required to compile such information. This is particularly important because the Chilean government has committed to start sharing information with other states by September 2018.

However, it remains to be seen how the second stage of the automatic exchange of information will be developed, which refers to reportable information.

Sandra Benedetto (sandra.benedetto@cl.pwc.com) and Martin Cruzat (martin.cruzat@cl.pwc.com)

PwC Chile

Tel: +56 2 2940 000

Website: www.pwc.cl

more across site & shared bottom lb ros

More from across our site

Magnus Pantzar is set to join as managing director after spending nearly a decade as EQT’s global head of tax
The OECD’s project was up for debate as Matt Williams spoke to ITR following BDO’s tax strategist survey, which uncovered increased complexity and costs among multinationals
Sponsored by Deloitte
Sameer Nurmohamed, partner, Deloitte Legal Canada
Sponsored by Deloitte
George Ankomah, partner, Tax & Regulatory Services, Deloitte Africa (Ghana)
The recent spree of firm mergers and acquisitions proves that geographic scale is the name of the game
The big four spin-off firm becomes Taxand’s second UK member; in other news, Haynes Boone launched a UK tax practice
Sponsored by Deloitte Luxembourg
Jean-Michel Henry and Mona El-Begawi of Deloitte Luxembourg examine the complexities created by timing differences in Luxembourg, EU, and OECD tax regimes
Stephanie Pantelidaki’s economic expertise will give Norton Rose Fulbright’s other teams ‘extra firepower,’ she says
Sponsored by MFA Legal & Tech
Samuel Fernandes de Almeida of MFA Legal & Tech assesses whether Portugal’s 7.5% surcharge on non-residents aligns with the EU’s free movement of capital principle and passes the proportionality test
Sponsored by McCarthy Tétrault
Senior McCarthy Tétrault tax practitioners highlight significant updates and implications for multinationals as Canada’s transfer pricing rules become more closely aligned with OECD guidance
Gift this article