Countries › Chile › Guide › 15. Exiting › Termination of business with the SII: the two month filing, the closing tax on undistributed profits, review periods and deemed closures
Termination of business with the SII: the two month filing, the closing tax on undistributed profits, review periods and deemed closures
Last verified: 2026-10-26 · Status: Changing
A company that stops its business must file a termination notice with the SII in its electronic tax folder, attach a final balance sheet and pay the closing taxes within two months. Profits not yet taxed at owner level are treated as distributed and bear 35 percent with credit for corporate tax already paid, and the SII then has six months, extendable by three, to review. If a company simply goes dormant, the SII can declare the termination itself and assess the taxes, with an extra year of statute of limitations.
USD figures use the Central Bank exchange rate of CLP 986.58 per US dollar published in the Diario Oficial for 23 October 2026 (CNCI Chapter I, Title VII). UF and UTA values are the SII figures for October 2026 (UF 41,221.08 on 26 October; UTA CLP 865,812). Conversions are for orientation only.
Key facts
| Deadline to file termination and pay the closing tax | 2 monthsCódigo Tributario, art. 69, as of 2026-10-26 · in force |
|---|---|
| SII review period after the termination filing (extendable by 3 months) | 6 monthsCódigo Tributario, art. 69, as of 2026-10-26 · in force |
| Days to supply missing documents after SII notice | 5 daysCódigo Tributario, art. 69, as of 2026-10-26 · in force |
| Days for the SII to notify final closure after acceptance | 15 daysCódigo Tributario, art. 69, as of 2026-10-26 · in force |
| Tax on undistributed profits deemed withdrawn at termination | 35 %DL Nº 824, art. 38 bis Nº 1, as of 2026-10-26 · in force |
| Periods without operations after which termination is presumed | 36 monthly periodsCódigo Tributario, art. 69, as of 2026-10-26 · in force |
The rule
Cost to do it: No filing fee; the closing tax plus accountant time for the final balance.Decreto Ley Nº 830, Código Tributario, as amended by Ley Nº 21.713, Art. 69, first paragraph, 2024-10-24 official text · verified 2026-10-26
Cost to do it: No fee; time cost of answering SII requests within five days.Decreto Ley Nº 830, Código Tributario, as amended by Ley Nº 21.713, Art. 69, first to fourth and sixth paragraphs, 2024-10-24 official text · verified 2026-10-26 · changed: Ley Nº 21.713 (Diario Oficial 24 October 2024) set the six month review, the three month extension, the five day deadline for missing documents and the 15 day closure notice.
Cost to do it: Notary cost of the joint liability deed.Decreto Ley Nº 830, Código Tributario, Art. 69, eighth paragraph, 2024-10-24 official text · verified 2026-10-26
Cost to do it: Taxes assessed by the SII plus interest and penalties; longer exposure for owners.Decreto Ley Nº 830, Código Tributario, Art. 69, ninth to final paragraphs, 2024-10-24 official text · verified 2026-10-26
Cost to do it: 35 percent on the deemed distribution, less SAC credit.
Example: Tax equity CLP 2,959,740,000, REX CLP 197,316,000, capital CLP 1,973,160,000 and SAC credit CLP 295,974,000: base CLP 1,085,238,000, tax at 35 percent CLP 379,833,300, less credit, due CLP 83,859,300. / Equity US$3,000,000, REX US$200,000, capital US$2,000,000, SAC US$300,000: tax US$85,000 after credit, or US$190,000 if 35 percent of the credit must be restituted.Decreto Ley Nº 824, Ley sobre Impuesto a la Renta, Art. 38 bis Nº 1, 1974-12-31 official text · verified 2026-10-26
Cost to do it: Restitution of 35 percent of the credit for non treaty owners on credits accumulated to 2026.
Example: On a SAC credit of CLP 295,974,000, restitution at 35 percent is CLP 103,590,900. / On US$300,000 of credit, restitution is US$105,000.Ley Nº 21.850, for national reconstruction and economic and social development, Art. 9 Nº 2 and Nº 4; fifth transitory article, 2026-10-17 official text · verified 2026-10-26 · changed: Ley Nº 21.850 (Diario Oficial 17 October 2026) removes the restitution reference in art. 38 bis from 1 January 2027 and phases restitution down to 30 and 20 percent for credits generated in 2027 and 2028.
Cost to do it: No fee; unused VAT credit is lost.
Example: A VAT credit balance of CLP 9,865,800 offsets VAT on the sale of the last assets. / US$10,000 of VAT credit can be used on the final asset sales or the last corporate tax return.Decreto Ley Nº 825, Ley sobre Impuesto a las Ventas y Servicios, Art. 28, 1974-12-31 official text · verified 2026-10-26
| Item | US$ | CLP |
|---|---|---|
| Tax equity at termination | 3,000,000 | 2,959,740,000 |
| Less positive REX balance | 200,000 | 197,316,000 |
| Less contributed capital, CPI adjusted | 2,000,000 | 1,973,160,000 |
| Deemed distribution | 800,000 | 789,264,000 |
| Plus SAC credits (gross up) | 300,000 | 295,974,000 |
| Tax base | 1,100,000 | 1,085,238,000 |
| Tax at 35 percent | 385,000 | 379,833,300 |
| Less SAC credit | 300,000 | 295,974,000 |
| Tax due, treaty owner without restitution | 85,000 | 83,859,300 |
| Restitution 35 percent of credit, non treaty owner (credits to 2026) | 105,000 | 103,590,900 |
| Tax due, non treaty owner | 190,000 | 187,450,200 |
Termination tax worked example for a general regime company with a foreign owner (DL Nº 824 art. 38 bis Nº 1). CLP at 986.58.
| Step | Deadline |
|---|---|
| File notice, final balance and pay tax | Within 2 months of ending activities |
| Supply missing documents after SII notice | 5 days |
| SII review | 6 months, plus 3 if new information |
| SII notice of final closure after acceptance | 15 days |
| Pro Pyme simplified termination: SII assessment | 1 month, audit window 6 months |
SII termination timeline (Código Tributario art. 69).
Worked example
- A foreign owned SpA under the general regime stops operating on 31 March 2027 and must file and pay by 31 May 2027 (Código Tributario art. 69). Its tax equity is US$3,000,000 (CLP 2,959,740,000), its REX balance US$200,000 (CLP 197,316,000) and its CPI adjusted capital US$2,000,000 (CLP 1,973,160,000).
- The deemed distribution is US$800,000 (CLP 789,264,000). Grossed up by US$300,000 of SAC credit the base is US$1,100,000, tax at 35 percent is US$385,000, and after the credit US$85,000 (CLP 83,859,300) is due if no restitution applies (DL Nº 824 art. 38 bis Nº 1).
- If the owner is resident in a country without a qualifying treaty and the credits were accumulated up to 2026, restitution adds US$105,000, for US$190,000 (CLP 187,450,200) in total. For an Argentine owner, whether the Chile Argentina treaty listed by the SII has a qualifying clause decides this point; the Argentine side is in the Argentine guide.
- The SII then has six months to review; once the filing is accepted it cannot audit further and certifies the termination after payment.
Step by step
- 1. Fix the date on which activities end and prepare the final termination balance at that date.
- 2. Compute the art. 38 bis deemed distribution from tax equity, REX and contributed capital, and the SAC credit available.
- 3. Use any VAT credit balance against VAT on the final asset sales, then against the last corporate tax (DL Nº 825 art. 28).
- 4. File the termination in the electronic tax folder with the balance and support and pay within two months (Código Tributario art. 69).
- 5. Answer any SII request for missing documents within five days.
- 6. Keep records and the company's representative available until the review closes and the termination is certified.
Common traps
- Leaving a company dormant does not stop exposure: the SII can declare the termination, assess the taxes and gets an extra year of limitations against the company and its owners (Código Tributario art. 69).
- Excess SAC credits after the termination tax are lost and are not refunded (DL Nº 824 art. 38 bis Nº 1).
- Missing documents not supplied within five days lead the SII to set aside the termination request (Código Tributario art. 69).
- The Pro Pyme simplified route makes the owners jointly liable for all the company's taxes (art. 69).
- Capital not properly documented as contributed is not deducted in the art. 38 bis computation, so it is taxed as if it were profit.
Sources
- Decreto Ley Nº 830, Código Tributario (Ley Chile)
- Decreto Ley Nº 824, Ley sobre Impuesto a la Renta (Ley Chile, Biblioteca del Congreso Nacional)
- Ley Nº 21.850, Diario Oficial 17 October 2026 (Ley Chile)
- Decreto Ley Nº 825, Ley sobre Impuesto a las Ventas y Servicios (Ley Chile)
- SII, international tax treaties in force
- Central Bank exchange rates published in the Diario Oficial for 23 October 2026
Related pages
- exiting/exiting-chile
- exiting/dissolution-and-liquidation
- exiting/retained-profits-and-the-10-percent-window
- exiting/returning-capital-and-capital-reductions
- taxes/tax-audits-and-disputes
- taxes/withholding-on-remittances
- taxes/tax-treaties
- /country/chile/
- /calendar/
- Live dashboard
- https://theargentinethread.com/guide/
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