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.