Chile: Commission services as exports

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

Chile: Commission services as exports

intl-updates-small.jpg
pelegri.jpg
parodi.jpg

Loreto Pelegrí

Bernardita Parodi

On October 26 2016, Law No. 20,956 was published in the Official Gazette. The purpose of this law is to encourage Chilean productivity. As such, it introduced a series of measures aiming to achieve this target.

Increasing the export of Chilean services to abroad is one of the goals of this law, for which it broadened the VAT exemption that benefits these services contained in Article 12(E)(16) of the VAT Law, which provides this VAT exemption for services that have been defined as export services by the Chilean Customs Authority, among the establishment of other requirements and control rules.

In this context, the Chilean Customs Authority, by means of Resolution N° 2,511 of 2007 that complies with Article 12(E)(16) of the Chilean VAT Law, among other things, provided that services rendered by commission agents could not qualify as export services. However, in the context of Law No. 20,956 that encourages the export of services, the National Customs Authority issued Resolution No. 990 on February 9 2017, which modifies Resolution No. 2511 of 2007, with the aim of being in line with the objectives of Law No. 20,956.

Due to the above, Resolution No. 990 of 2017, expressly eliminated the prohibition established by Resolution No. 2,511 of 2007 for services rendered by commission agents in respect to the VAT exemption. Therefore, as of the entry into force of this resolution, commercial services rendered by commission agents could be qualified by the customs authority as export services, benefiting from the VAT exemption.

Once a service has been qualified as an export service by the customs authority, this service is included in a list of export services issued by the authority. Once included in the export services list, it is not necessary to require the qualification again. Therefore, all taxpayers that provide such type of services benefit from the exemption.

The current list of export services issued by the customs authority was updated on February 21 2017 and does not include services rendered by commission agents. Therefore, commission agents that intend to benefit from this exemption will need to require such qualification, following a procedure established by the customs authorities.

Loreto Pelegrí (loreto.pelegri@cl.pwc.com) and Bernardita Parodi (bernardita.parodi@cl.pwc.com)

PwC

Website: www.pwc.cl

more across site & bottom lb ros

More from across our site

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
Firms are starkly divided on the benefits of specialist tax litigation teams over generalist practices, ITR’s analysis also finds
Gift this article