New Chilean regulations on 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 2025

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

New Chilean regulations on the common reporting standard

Sponsored by

sponsored-firms-pwc.png
New Chilean regulations on the common reporting standard

The Chilean Internal Revenue Service (Chilean IRS) has issued two relevant resolutions regarding compliance for tax transparency.

The first related to the reporting of financial accounts under the OECD's common reporting standard (CRS) (Resolution 48 dated May 31 2018), and the second referred to trust reporting affidavit instructions (Resolution 46 dated May 18 2018).

Reporting on Chilean financial accounts under the CRS

Chile signed the Convention on Mutual Administrative Assistance in Tax Matters (MAAT) on October 24 2013. Since then, the required legal framework for the introduction of the automatic exchange of financial accounts information has been going through its final implementation stage, as Chile has committed to performing its first exchange in 2018.

In this regard, Chile signed the Multilateral Competent Authority Agreement for the Common Reporting Standard (CRS MCAA) on June 4 2015, and later on adopted the CRS under Decree 418 (2017), which aimed at setting forth "the regulation of the obligations for financial institutions to review and identify financial accounts related to individuals with foreign tax residency".

Primary legislation was introduced in late 2017 under Law 21.047 which incorporated Article 62-ter into the Chilean Tax Code and granted the IRS the authority to require information from qualified financial institutions that they hold regarding titleholders on financial accounts or their controllers with foreign tax residency (a much broader description is included in Article 62-ter).

Article 62-ter also establishes that financial institutions must submit the information to the Chilean IRS on June 30 of each year, following certain reporting criteria as dictated by the Chilean IRS.

Indeed, Resolution 48 dated May 31 2018 indicates that the information that must be submitted to the Chilean IRS by the qualified financial institutions must include: (i) information on financial accounts opened from July 1 to December 31 of 2017; (ii) information regarding pre-existing individuals´ accounts of major value; and iii) pre-existing accounts that until June 30 have been identified as accounts related to persons with foreign tax residency.

Information regarding pre-existing accounts must include the information from June 30 to December 31 of 2017. Special provisions are also included regarding pre-existing accounts of lower value.

The information must be submitted using the 'CRS XML Schema' with the corresponding adjustments made by the Chilean IRS, and sent through its website.

It is critical that financial institutions finalise their due diligence procedures and be duly prepared for the imminent reporting stage that will take place as from September 2018.

more across site & shared bottom lb ros

More from across our site

JBS, the biggest meat company in the world, allegedly used Luxembourgian ‘mailbox companies’ to avoid taxes between 2019 and 2022
Despite the conviction of Jessa Dabalos, the Tax Practitioners’ Board’s investigative work continues with five outstanding PwC scandal probes
Heads of tax need to push their teams forward as strategic business advisers to add value across their organisations, says Sandy Markwick
Scott Bessent reportedly felt undermined by Musk naming Gary Shapley as acting IRS commissioner; in other news, Baker Tilly will combine with a top 15 US firm
The promise of nine years’ tax certainty and a ‘rational and pragmatic’ government process makes APAs a no-brainer, Indian tax advisers tell ITR
Despite garnering significant revenues from multinationals, Italy’s digital services tax presents pressing double taxation issues, say Stefano Simontacchi and Francesco Saverio Scandone of BonelliErede
ITR’s research shows that in-house tax counsel in Asia also feel underserved by their advisers’ international networks
World Tax global head of research Jon Moore tells ITR how his team spots standout submissions, and gives early statistical insights into this year’s entries
Australia’s conservative opposition will repeal controversial tax agent reporting rules if elected in the country’s May general election
Shapley would be the fourth person to hold the job this year; in other news, UK tax advisory firm MHA raised fewer funds than expected from its London IPO
Gift this article