Chilean withholding tax of 35% on outbound payments for video games

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Chilean withholding tax of 35% on outbound payments for video games

Sponsored by

sponsored-firms-pwc.png
intl-updates

Bearing in mind that nowadays more than half of the population of the US plays video games and that live gaming events have been watched more than the NBA finals, the importance of the video game industry and its impact on the market has increased substantially during recent years.

Nearly 80% of the transactions in certain mobile app markets relate to video games.

It would be reasonable to expect, therefore, that governments would begin to show more interest in the taxation of the video game industry, which may, as we have mentioned, represent an important income flow for a country's treasury.

As regards the Chilean tax framework, the tax on an outbound payment in relation to video games depends on its qualification for legal purposes. Until now, the majority of local tax professionals were of the opinion that such a payment should be characterised as a payment for the use of standard software, which is exempted from Chilean withholding tax.

As far as standard software license is concerned, it is defined according to the usage rights that are provided, limiting them to only the relevant rights necessary for the use of the software program and not for other purposes, for example for the program's commercial exploitation, reproduction or modification.

However, a recent ruling of the Chilean Internal Revenue Service (IRS) stated the tax administration's opinion on the matter, establishing that the standard software exemption does not apply to payments sent overseas in relation to video games. This opinion was provided in the context of video games that are obtained from the internet, that can be used either by connecting to the internet or by downloading the games, with payment being made through a periodical subscription or through in-game payments in the context of free to play games.

In the IRS' view, video games consist of a set of instructions, images and sounds, with the purpose of obtaining entertainment and recreation, for use on computers or other devices. The IRS recognised that video games require a software support, but also deemed that the real nature of the transaction was not limited simply to an item of software. Rather, the IRS viewed it as a complex piece of work that involved artistic creation including concepts of an environment, characters, and history, with the intention of communicating ideas and allowing the interaction of the user with the virtual world and other users.

Hence, the IRS concluded that the payment for the provision of a video game should qualify as a payment for an entertainment and recreation service, falling under the generic taxable event of 'services rendered abroad', and subject to a 35% withholding tax. The foreign beneficiary of the payment and the local withholding agent are responsible for the payment of the said tax obligation.

The criterion on which the IRS based its ruling on this matter was not well received by the video game industry or by tax specialists. The fact that a video game could be considered as a service rather than as an intangible asset involving standard software appears rather outdated and not in line with prevailing views within the technology industry.

We do not expect that this discussion on the qualification of these and similar digital products will end any time soon. This is just a demonstration that technology moves faster than our local legislation, and there is still a lot of work to do in adapting the Chilean tax rules to the reality of this industry.

Astrid Schudeck and Gregorio Martínez

PwC

more across site & bottom lb ros

More from across our site

In-house teams who want a balance of internal control and external expertise for pillar two should seriously consider co-sourcing models, Russell Gammon of Tax Systems argues
The OECD has vowed to continue working with the US despite the president effectively pulling the country out of the organisation’s global minimum tax deal
Norton Rose Fulbright highlights a Brazilian investment fund as a practical example of how new Dutch tax rules will require significant attention from foreign companies
Thomson Reuters now has ‘end-to-end capability’ for its tax workflow business, according to its president for tax accounting and audit professionals
Patrick O’Gara, who is rated as a ‘highly regarded practitioner’ by World Tax, had spent over 20 years at Baker McKenzie
If approved, it would become the first ‘big four’ firm to practise law in the US; in other news, Morrison Foerster hired a new global tax co-chair
The ‘birth date’ of the service, which will collect tariffs, duties and other foreign revenue, will be January 20
Awards
Submit your nominations to this year's WIBL Americas Awards by February 28
Awards
Research for the annual Women in Business Law Awards has begun – submit your entries by February 28
In-house counsel across a number of regions are unimpressed with their tax advisers’ CSR efforts, according to ITR+ research
Gift this article