1 July 2025 • 3 minute read
Chile: New regulations for obtaining tax sustainability status
Law No. 21.713, published in 2024, explicitly established the concept of “tax sustainability” into the Tax Code, defining it as the set of measures a taxpayer implements to promote mutual cooperation and transparency in fulfilling their tax obligations.
Under the framework of Article 8, No.18 of the Chilean Tax Code, the Chilean Tax Authority (SII) has issued Resolutions 71 and 72 (together, the Resolutions), which regulate signings of a Cooperation Agreement with Business Groups (ACGE) and certification by Independent Certifying Companies (ECI) (together, the Mechanisms). These two Mechanisms regulate the applicability of tax sustainability status.
The Mechanisms grant access to a tax sustainability certificate and registration in the Tax Transparency Registry, which could place the taxpayer in a favorable position with the tax authority. They also offer greater legal certainty regarding adopted positions; allow for support with audits; reduce tax litigation; and offer public recognition that strengthens reputation with investors, financial institutions, and the public.
As such, the Resolutions, issued on June 19, 2025, represent a significant step toward a collaborative tax compliance model, encouraging the adoption of best practices and strengthening trust and relationships between taxpayers and the SII.
This alert provides a brief summary of the Mechanisms regulated under the recently issued Resolutions.
Signing of an ACGE
ACGEs are voluntary instruments that allow business groups to formalize their commitment to tax sustainability through the implementation of tax governance program; an effective tax control framework; and a Tax Compliance Plan, designed jointly with the SII.
The ACGE process can be initiated by invitation from the SII or at the request of the business group. Once signed, the group must fulfill the agreed commitments, including obtaining the tax sustainability certification and registering in the Tax Transparency Registry.
The Mechanism promotes a collaborative relationship with SII, based on principles of transparency, prevention, and shared responsibility, and aims to align with international standards such as those promoted by the Organization for Economic Co-operation and Development and its Base Erosion and Profit Shifting Project.
Certification by an ECI
Alternatively, taxpayers – individuals or business groups – can request certification directly from an ECI registered with the SII.
The ECI will evaluate compliance with standards defined by the SII, including the existence of a tax governance program, a tax control framework, a tax risk matrix, and evidence of responsible tax compliance.
Once certification is issued, the SII will review the documentation and, if deemed consistent, will authorize the taxpayer’s inclusion in the Tax Transparency Registry.
For more information, please contact the authors.
