Chile: Withholding tax, treaties and provision of PE certificates

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

Chile: Withholding tax, treaties and provision of PE certificates

selame.jpg

martinez.jpg

Francisco Selamé Marchant


Gregorio Martinez

To benefit from a double tax treaty (DTT), non-domiciled non-residents of Chile should provide proof that they are residents for tax purposes in a country with which Chile has a DTT in force. Along with this, non-domiciled non-residents of Chile should also provide a sworn statement in which they declare that it has no permanent establishment (PE) to which the amounts should be attributed.

Regarding the sworn statement, the Chilean IRS issued this year the Resolution 48, in which the contents and terms of said statement are regulated. In this resolution, the Chilean IRS established that foreign taxpayers should declare that they do not have a PE to which the amounts should be attributed, at the moment the amounts are paid, distributed, withdrawn, remitted, credited to an account or put at disposition.

All these actions (payment, distribution, withdrawal, remittance, crediting to an account or putting at disposition) match the actions that the Chilean Income Tax Law (ITL) identifies as triggering the obligation to withhold taxes when making payment to a non-domiciled non-resident of Chile.

But does this always make sense?

When making a payment to a non-domiciled non-resident of Chile, withholding tax may apply. However, the withholding tax rate and amount to be withheld is not always determined at the moment it must be actually withheld and paid. In fact, the rate and amount could have been determined days, months or years before the moment the obligation to withhold and pay the tax is triggered.

According to the Chilean ITL, the mere action of accounting an expense for tax purposes does not trigger the obligation to withhold, but it does determine the rate of the withholding tax and therefore the amount to be later withheld.

This situation is really far more common than it could be expected, in fact, it could be said that it is the most common situation. Such is the case when the expense is accounted as an expense for tax purposes in the debtors accounting, but paid in a different later moment.

Therefore, should a non-domiciled non-resident of Chile, in order to benefit from a DTT, declare that he does not have a PE to which the amounts should be attributed at the moment the withholding obligation is triggered? Or would it make more sense that the declaration covers the moment the withholding tax rate is determined? Or even at both moments?

The abovementioned criterion that the Chilean IRS has taken regarding when the sworn statement should be performed may leave some questions; in the context of a DTT, should a non-domiciled non-resident of Chile benefit from a treaty, in the following scenarios?

  • At the moment the expense is accounted in Chile, the non-domiciled non-resident of Chile had a PE to which the amounts should be attributed. Three years later, the Chilean entity is set to pay and the non-domiciled non-resident of Chile does not have a PE anymore.

  • At the moment in which the expense is accounted in Chile, the non-domiciled non-resident of Chile did not have a PE to which the amounts should be attributed. Three years later, the Chilean entity is going to pay and the non-domicile non-resident of Chile does have a PE that performs the activities that generated the income that is going to be paid.

Or even further:

  • At the moment the expense is accounted in Chile, the non-domiciled non-resident of Chile did not have a PE to which the amounts should be attributed. Three years later, the Chilean entity is going to pay and there is no longer a DTT in place.

  • At the moment in which the expense is accounted in Chile, the non-domiciled non-resident of Chile did have a PE to which the amounts should be attributed. Three years later, the Chilean entity is going to pay and there is no longer a DTT in place.

Francisco Selamé Marchant (francisco.selame@cl.pwc.com) and Gregorio Martinez (gregorio.martinez@cl.pwc.com)

PwC

Tel: +562 29400150

Website: www.pwc.cl

more across site & shared bottom lb ros

More from across our site

The climbdowns pave the way for a side-by-side deal to be concluded this week, as per the US Treasury secretary’s expectation; in other news, Taft added a 10-partner tax team
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Foreign companies operating in Libya face source-based taxation even without a local presence. Multinationals must understand compliance obligations, withholding risks, and treaty relief to avoid costly surprises
Hotel La Tour had argued that VAT should be recoverable as a result of proceeds being used for a taxable business activity
Tax professionals are still going to be needed, but AI will make it easier than starting from zero, EY’s global tax disputes leader Luis Coronado tells ITR
AI and assisting clients with navigating global tax reform contributed to the uptick in turnover, the firm said
In a post on X, Scott Bessent urged dissenting countries to the US/OECD side-by-side arrangement to ‘join the consensus’ to get a deal over the line
A new transatlantic firm under the name of Winston Taylor is expected to go live in May 2026 with more than 1,400 lawyers and 20 offices
As ITR’s exclusive data uncovers in-house dissatisfaction with case management, advisers cite Italy’s arcane tax rules
The new guidance is not meant to reflect a substantial change to UK law, but the requirement that tax advice is ‘likely to be correct’ imposes unrealistic expectations
Gift this article