Chile: Final approval for Chilean tax reform package expected next month

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: Final approval for Chilean tax reform package expected next month

benedetto.jpg

maria.jpg

Sandra Benedetto


Maria del Mar Sanchez

As mentioned in previous updates, a substantial tax reform is in the process of being approved in Chile. Though the legislative procedure started on April 1 2014, it is not until now that it has arrived to what may be its last stage. On September 10 2014, the Chamber of Representatives approved the Bill and sent the relevant text to the President for consideration. Since it is unlikely that further amendments will be introduced by the President, the law approving the Bill is expected to be released in late September or in the beginning of October. The following items cover some of the major amendments potentially affecting either foreign investors or local taxpayers investing abroad:

Two optional income tax regimes are introduced: Regime A and Regime B. In general, Regime A entails shareholders being annually attributed the income generated by the local entity and taxed on such. Hence, the whole taxation arising in Chile for both the shareholder and the relevant entity is triggered each year, even if no effective dividend distribution is performed by the latter. Under this scenario, the 35% tax burden currently borne by foreign investors is maintained, but there is no chance to defer the shareholders' taxation.

On the contrary, Regime B generally maintains the existing integrated mechanism, where the local entity is annually taxed but the shareholder's taxation is deferred until an effective dividend distribution occurs, where it will be granted a credit consisting of the first category tax paid at the corporate level by the Chilean entity. However, Regime B restricts such credit so that the current 35% tax burden increases to 44.45%; save for the case of foreign investors resident in a country which has a double tax convention in force with Chile, where no credit restriction applies and the mentioned 35% total tax burden is still maintained.

The corporate tax rate is gradually increased from 20% to 25% or 27%, depending on whether the taxpayer opts for Regime A or Regime B, respectively, as follows: (i) 21% in 2014, 22.5% in 2015, 24% in 2016, 25% in 2017 onwards, under Regime A, and (ii) 21% in 2014, 22.5% in 2015, 24% in 2016, 25.5% in 2017 and 27% in 2018, under Regime B.

Controlled foreign corporation (CFC) rules are introduced, where, as a general rule, passive income of foreign entities qualifying as CFC shall be taxed in Chile.

A general-anti avoidance rule (GAAR) is incorporated, by which tax obligations shall arise considering the legal nature of the acts actually carried on, whatever form or name is given by the parties; this follows a judicial procedure carried out at the IRS director's request before the Customs and Tax Court. Besides, any person who designs or plans transactions herein covered, or directors or legal representatives of a legal entity infringing this rule, may be sanctioned.

Thin capitalisation rules (3:1 debt-to-equity ratio) are modified, basically in the manner in which the excess of indebtedness is calculated.

A one-time repatriation procedure is envisaged, where taxpayers who have not paid the due Chilean taxes on assets or income located abroad may pay a flat 8% over the value of such assets and income, provided that several requirements are met.

Since the amendments foresee diverse entries into force and some of them will not apply until years 2016 or 2017, taxpayers will now face the challenge of determining the effect these new provisions have in their particular situations and, should the case be, these will likely need to define the proper way for minimizing the actual impact of the above stated.

Sandra Benedetto (sandra.benedetto@cl.pwc.com) and Maria del Mar Sanchez (maria.del.mar.sanchez@cl.pwc.com)

PwC

Tel: +56 22 94 00 155

Website: www.pwc.cl

more across site & shared bottom lb ros

More from across our site

While it’s great that the OECD is alive to multinationals’ fears of being caught in a compliance trap, the ‘common understanding’ illustrates a worrying lack of readiness
Rising demand for specialist expertise has fuelled the growth in tax partner headcounts, Cain Dwyer found; in other news, Switzerland has been urged to reconsider pillar two
An OECD report on the taxation of the digital economy is expected by the end of 2026, according to the group of nations
Trophy assets are evolving from personal indulgences to structured investments, prompting family offices to prioritise tax efficiency, governance discipline, and cross-border compliance
As demand for complex, cross-border private client counsel spikes, Patrick McCormick sees opportunity in starting from scratch
As part of an exclusive global alliance, KPMG will become one of Anthropic’s ‘preferred consultants’ for private equity
In the second part of this series, the focus shifts to how taxpayers can manage ongoing risks across the lifecycle of cross-border structures
Jurisdictions have moved to ensure that multinationals are not punished for late GIR filings due to a lack of available filing portals or exchange relationships
HMRC’s push for unified tax adviser registration won’t prevent every instance of improper conduct, but it is good for taxpayers and the UK’s reputation
Elsewhere, the UAE’s tax office has issued an update on registration penalties and two firms have been busy making lateral hires
Gift this article