Chile: Chile adopting the Common Reporting Standard

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

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 & bottom lb ros

More from across our site

ITR’s most interesting stories of the year covered ‘landmark’ legal battles, pillar two, AI’s relationship with transfer pricing and more
Chinwe Odimba-Chapman was announced as Michael Bates’ successor; in other news, a report has found a high level of BEPS compliance among OECD jurisdictions
The tool, which will automatically compute amount B returns, requires “only minimal data inputs”, according to the OECD
The rules are intended to implement the substance of an earlier OECD report in its entirety
While new technology won’t replace the human touch, it could help relieve companies’ staffing issues, EY’s David Helmer and Daren Campbell tell ITR
The firm said the financial growth came from increased demand for its AI services and global tax reform advice
Chrystia Freeland had also been the figurehead of Canada’s controversial digital services tax adoption, which stoked economic tensions with the US
Panama has no official position on pillar two so far and a move to implement in Costa Rica will face rejection, experts tell ITR
The KPMG partner tells ITR about Sri Lanka’s complex and evolving tax landscape, setting legal precedents through client work, and his vision for the future of tax
Overall turnover at the firm also reached a record £8 billion; in other news, Ashurst and Dentons announced senior tax partner hires
Gift this article