Ruling 555 | Download​

​Date: 21.03.24

Treaty articles: 25.2

Local law: 31.12, 59 inc. 1 Income Tax Law (ITL)

Summary: The deduction limitation of article 31.12 ITL for royalties paid to a related U.S. resident does not apply, based on the non-discrimination principle of article 25.3 of the treaty.

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Ruling 1299 | Download​

​Date: 28.06.24

Treaty articles: 18

Local law: 2, 12 ITL

Summary: The transference of a 401(k) pension plan by a Chilean resident to a third country is taxed in Chile under article 18.1.a of the treaty without limitation. The transference implies the funds are available for the Chilean resident.

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Ruling 1338 | Download​

​Date: 04.07.24

Treaty articles:  4, 10

Local law: 81 law 20.712

Summary: Local investment funds and mutual funds cannot benefit from the treaty, as they are not deemed taxpayers according to article 81 of Law 20.712.

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Ruling 1446 | Download​

​Date: 19.07.24

Treaty articles:  4, 24

Local law: 74.4 ITL

Summary: A fiscal residence certificate does imply being a "qualified person" for the purposes of article 24 of the treaty. Under article 74.4 of the ITL, the certificate is a mere information requisite for the application of the treaty.

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Ruling 1450 | Download​

​Date: 19.07.24

Treaty articles:  N/A

Local law: 63 ITL

Summary: The Chilean IRS applies the look-through principle and grants benefits under local law to a U.S. resident investor who is a shareholder of a Chilean company through transparent entities abroad.

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Ruling 1485 | Download​

​Date: 25.07.24

Treaty articles: 4, 14, 24

Local law: 74.4 ITL

Summary: Independent personal services provided in Chile by a qualified person may not be subject to withholding taxes in Chile, according to article 14 of the treaty.

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Ruling 1763 | Download​

​Date: 05.09.24

Treaty articles: 7

Local law: 59, 74.4 ITL

Summary: It is possible to request a refund of withholding tax paid in Chile in excess after the treaty became effective, provided the requirements of article 74.4 of the ITL are met.

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Ruling 1944 | Download​

​Date: 10.10.24

Treaty articles: 7, 11

Local law: 59, 60 ITL

Summary: A Chilean resident assigns invoices and credit portfolios to a U.S. resident at discount. The Chilean IRS confirms that income generated by the invoices would be treated as business profits under article 7 of the treaty, while income from credit portfolios would be interest under article 11.

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Ruling 2301 | Download​

​Date: 28.11.24

Treaty articles: 7

Local law: 59, 74.4 ITL

Summary: A Chilean private investment fund (FIP) that does not meet the corporate requirements to qualify as such under the Funds Law is deemed a corporation for tax purposes, thus can claim treaty benefits as it is considered a taxpayer.

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Ruling 2303 | Download​

​Date: 28.11.24

Treaty articles: 4, 24, 12

Local law: 59 ITL

Summary: Royalty payments as consideration for the right to distribute films benefit from article 12 of the treaty, subject to a 10% withholding tax in the U.S.

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Ruling 2396 | Download​

​Date: 12.12.24

Treaty articles: 1, 3, 4, 24

Local law: N/A

Summary: The Chilean IRS confirms that the Chilean unemployment fund management company (AFC) may claim treaty benefits, as it is considered a qualified person. Regarding the Chilean funds managed by the AFC, the IRS states that a mutual agreement procedure with U.S. authorities will be initiated.

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Ruling 369 | Downlad​

​Date: 14.02.25

Treaty articles: N/A

Local law: 41A ITL

Summary: The Chilean IRS confirms that state taxes (non-federal) paid in the U.S. and not covered by the treaty for technical assistance services can be credited in Chile.

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Ruling 1611 | Download​

​Date: 14.08.25

Treaty articles: 7, 12

Local law: 59 ITL

Summary: Payments to a U.S. resident as compensation for the right to resell standard software in Chile are treated as Article 7 business profits and not as royalty payments under the OECD 2008 Commentaries.

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Ruling 1617 | Download​

​Date: 14.08.25

Treaty articles: 23

Local law: 41A ITL

Summary: Only taxes paid in the U.S. on income that is not covered by the treaty may be credited in Chile. In other words, taxes paid in the U.S. on income that cannot be levied in the U.S. under the treaty may not be credited in Chile.