Transfer pricing in Chile

Transfer pricing in Chile at a glance

Regulation Type National regulation / Recognizes OECD
Are there specific transfer pricing regulations? Yes
Submission deadline June of each year
Submission deadline upon request Instantly
Annual update required Yes
Official language requirements Spanish
Potential impact of penalties 5% of the adjustments

 

Chile tax law

Rules for transfer pricing in Chile are based upon:

  • Income Tax Law articles 38 and 41 E

OECD

The transfer pricing regulations in Chile are not based on the OECD Transfer Pricing Guidelines. However, since 2010 Chile is an official OECD member and therefore the OECD Guidelines should be taken into consideration when dealing with transfer pricing issues.

Methods

Accepted methods 

Accepted methods are:

  • The comparable uncontrolled price method
  • The resale price method
  • The cost plus method
  • The profit split method
  • The transactional net margin method
  • Residual profit methods
  • Other reasonable methods

Priority of methods

Rules for transfer pricing in Chile prescribe that the most appropriate method should be used.

Documentation requirements

Information that should be included in the documentation:

Taxpayers in Chile are expected to keep all relevant information that was necessary to establish a method that provided an arm’s length result.

Language

All documentation in Chile must be submitted in Spanish. 

Requirements to prepare documentation annually

Chilean taxpayers are obliged to submit a transfer pricing return annually. Upon request of the tax authorities, a taxpayer can also be obliged to maintain a transfer pricing study.

Submission deadline upon request by tax authorities

Upon request of the tax authorities, documentation should be submitted instantly.

Advance Pricing Agreements

General

Rules for transfer pricing in Chill provide for an option to obtain Advance Pricing Agreements (APA).

Terms

The term for which an APA is agreed upon is generally three to five years.

Penalties

In case a transfer pricing adjustment needs to be made, the Chilean tax authorities can impose a penalty of five percent of the adjustments.

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