Chilean tax reform includes VAT exemption modification

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Chilean tax reform includes VAT exemption modification

Sponsored by

sponsored-firms-pwc.png
chile.jpg

On August 23 2018, the Chilean government presented a tax modernisation bill, which aims to introduce a series of modifications seeking to simplify the Chilean income tax system and incorporate new tax regulations.

On August 23 2018, the Chilean government presented a tax modernisation bill, which aims to introduce a series of modifications seeking to simplify the Chilean income tax system and incorporate new tax regulations. Among the proposed VAT modifications, there is one that could affect standardised software taxation. At the time of writing, the tax bill is under discussion in Parliament.

Since 2012, an additional tax (i.e. Chilean withholding tax) exemption is available for payments made to a non-resident in consideration of standardised software, which has been defined as: "those where the rights granted (to the lessee) are limited to the necessary to allow the use of such software, not allowing its commercial exploitation, reproduction, or modification with any other ends than to make it able to be used". On the other hand, non-standardised software is subject to additional tax at a 15% rate.

Regarding VAT, although the lease of software is, in principle, taxed as it is considered a VAT service, Chilean law provides an exemption regarding payments that are made to non-residents, unless the payment is for a service rendered in Chile and it is not levied with additional tax.

The Chilean IRS confirmed, through several rulings, that even though the payments for standardised software to non-residents is exempted from additional tax and utilised in Chile, it must be understood to be rendered where the intellectual property (IP) is registered, which is generally abroad, allowing the application of the said exemption to the relevant payments.

The above-mentioned criteria, sustained by the Chilean IRS, means that payments made abroad in consideration of standardised software are not subject to additional tax or VAT.

If the tax bill under discussion is approved without amendments, the above-mentioned taxation would change. The new rule would state that, in order to benefit from the said exemption, the services must not be rendered or utilised in Chile.

As a consequence of the proposed tax bill, payments made abroad in consideration of standardised software would be exempt from additional tax, but subject to VAT at a flat rate of 19% over the agreed price, particularly considering that the Chilean IRS has stated that software licenses must be understood to be utilised in Chile.

This is very relevant, since it will put standardised software in a worse situation than non-standardised software, as the 19% VAT rate is actually higher than the 15% additional tax rate (or even less in cases where a double tax treaty is applicable).

Considering the proposed changes, if the tax reform is enacted, it will be important to review business structures in place in order to determine the impact the mentioned modification could have.

This article was written by Nicolas Foppiano and Gregorio Martinez.

more across site & shared bottom lb ros

More from across our site

Tax expert Craig Hillier agrees with the comparison of pillar two to using a sledgehammer to crack a nut
The amount is reported to be up 57% from the £5.6bn that the UK tax agency believes was underpaid in the previous year
The US president also unveiled a new 50% levy on copper imports; in other news, a UK wealth tax proposal has been criticised by the Institute for Fiscal Studies
Wim Wuyts, who had been head of the specialist tax network since 2017, is moving on to a new role with WTS’s Belgian member firm
MNEs are increasingly using algorithmic tools in TP. Sahasranshu Dash argues that data ethics should therefore plug directly into the TP design process
The Institute of Chartered Accountants in England and Wales also queried whether HMRC resources could be better spent scrutinising larger entities
Grant Thornton’s Austria tax head likens his practice to an escape room, shares his football coaching ambitions, and explains why tax is cool
Awards
ITR is delighted to reveal all the shortlisted nominees for the 2025 EMEA Tax Awards
Awards
ITR is delighted to reveal all the shortlisted nominees for the 2025 Asia-Pacific Tax Awards
The fates of pillars one and two hang in the balance after the US successfully threw its weight around in G7 and Canadian negotiations
Gift this article