Chile: The correlation between deductible expenses and taxable income

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Chile: The correlation between deductible expenses and taxable income

schudeck.jpg

Astrid Schudeck

Chilean tax experts were looking forward the decision of the Supreme Court on a case involving a relevant local company that was leveraged through its branch located in the Cayman Islands, with the purpose of making an investment abroad. The matter discussed relates to the deduction of the associated interest for Chilean tax purposes. The referred decision was made public on July 23, and came to confirm the judgments of the Tax Court and of the Court of Appeals, both against the Chilean taxpayer.

The case under analysis involved the following main transactions: a) the local company registered a branch in the Cayman Islands, which was granted a loan; b) the loan proceeds were contributed by the branch to a subsidiary also located in the Cayman Islands; c) the branch took additional borrowing in order to refinance the initial debt; d) the Cayman Islands' subsidiary, with the same funds, acquired a foreign company, that was the owner of a Chilean operative plant.

The interest paid by the branch on the relevant loans was deducted by the local company in the determination of its taxable income in Chile. The Chilean Internal Revenue Service (IRS) objected to the referred deduction based on the lack of correlation between deductible expenses and the taxable income, because of the fact that the branch did not obtain income related to the interest for more than 10 years. The judicial decision was based on this argument, but also on the lack of legitimate business reason of the transaction.

In this author's view, the correlation between deductible expenses and taxable income conflicts with legal and administrative rules that represent a cornerstone of the Chilean tax system.

In fact, the referred correlation principle appears to have been artificially created by the Chilean tax authority with the purpose of requiring a return on investments materialised by taxpayers in foreign companies, an aspect that is out of the scope of our tax system. The Chilean Tax Law has never required that taxpayers effectively obtain a minimum return on this type of investments, in circumstances where the return depends on the risks associated to the nature of the transaction.

On the other hand, the Chilean IRS position is not consistent with its own administrative jurisprudence that states that the deduction of any interest related with investments in local companies depends on the tax treatment applicable to the future sale of such investment and not on the effective generation of income at the level of the investor. If the Chilean IRS expects to be consistent in the application of the principle under analysis, it must allow the deduction of interest from ordinary income in any case that such interest relates to a local investment that is able to generate income for the investor disregarding the taxation applicable on the sale of such.

It is difficult to infer the referred correlation principle from the Chilean Tax Law, particularly in the case of the foreign source income that is taxable in Chile as long as it is effectively perceived by the taxpayer, while expenses are deductible once accrued or paid, whatever occurs first. Branch income is the only exception to this rule. Apart from this case, there are other multiple examples where neither the Chilean law not the Chilean IRS has required a correlation between deductible expenses and taxable income.

It seems to derive from this inconsistency the fact that the Chilean courts needed to justify the decision in this case on the lack of legitimate business reason of the transactions. This is however a solution that also deserves criticism, as the Chilean tax system does not include any general principle on this regard. For sure, this is a matter of further discussion in the future.

Astrid Schudeck (astrid.schudeck@cl.pwc.com)

PwC

Tel: (+56 2) 29400155

Web: www.pwc.com/cl

more across site & shared bottom lb ros

More from across our site

As ITR data reveals that 2025 saw more than double the amount of private client hires than 2024, it seems firms are jostling for position
The US multinational paid 20% more tax in 2025 than 2024, it said; in other news, more than 25,000 HMRC staff have been upskilled on AI
Belt and Road Initiative countries face tax incentive conundrums due to pillar two, but relatively few countries would seek to scrap the project, ITR has heard
Hany Elnaggar examines how the OECD’s global minimum tax is reshaping the GCC’s investment incentive landscape, shifting the region from rate-based competition toward substance-driven economic positioning
The acquisition of a two-partner practice from Stephenson Harwood means that Charles Russell Speechlys has the largest private client team in Asia, the firm claimed
Complex and constantly shifting rules on global mobility mean ‘the risk is too great’ for staff to work abroad on personal time, EY’s Maureen Flood tells ITR
While it’s great that the OECD is alive to multinationals’ fears of being caught in a compliance trap, the ‘common understanding’ illustrates a worrying lack of readiness
Rising demand for specialist expertise has fuelled the growth in tax partner headcounts, Cain Dwyer found; in other news, Switzerland has been urged to reconsider pillar two
An OECD report on the taxation of the digital economy is expected by the end of 2026, according to the group of nations
Trophy assets are evolving from personal indulgences to structured investments, prompting family offices to prioritise tax efficiency, governance discipline, and cross-border compliance
Gift this article