On March 6, 2025, the SII (Servicio de Impuestos Internos – Internal Revenue Service) of Chile issued Exempt Resolution No. 30, establishing a new list of tax havens, according to Article 41 H of the Income Tax Law.
What Is a Preferential Tax Regime?
A territory or jurisdiction is a preferential tax regime if it simultaneously meets two conditions:
- It has not entered into an agreement with Chile to exchange information for tax purposes, or the existing agreement is not in force or has limitations that prevent an effective information exchange.
- It is not considered compliant or substantially compliant regarding transparency and information exchange for tax purposes, according to the evaluations of the Global Forum on Transparency and Exchange of Information for Tax Purposes of the Organization for Economic Cooperation and Development (OECD).
Implications for Taxpayers
Including a jurisdiction in this list has significant consequences for Chilean taxpayers carrying out transactions with entities domiciled in such territories. These transactions may be subject to stricter regulations and increased scrutiny by the SII to prevent tax evasion and avoidance.
From January 1, 2025, companies operating with jurisdictions on the payroll must comply with Transfer Pricing obligations, including the forms 1907 and 1951 reporting in June of each year.
The main amendments effective as of January 01, 2025 are:
- Bolivia is included in the list, affecting Transfer Pricing obligations.
- Hong Kong is excluded, reflecting changes in its classification.
- New criteria for tax transparency and reporting in these territories.
Updates and Consultations
The list established in the resolution will be published on the SII website and updated under the changes in the information sources. In addition, taxpayers may request clarification on the particular situation of a territory or jurisdiction on a specific date by contacting the Regional Directorate corresponding to their domicile or the Large Taxpayers Directorate, as appropriate.
Conclusion
This update reflects Chile’s commitment to tax transparency and international cooperation. Chilean companies and taxpayers must keep informed about these changes to ensure compliance with their tax obligations and avoid possible penalties.
Keep Informed and Comply with Your Tax Obligations!
For further information, you can consult Exempt Resolution No. 30 on the SII’s official website.
Source: SII