Countries › Chile › Guide › 6. Taxes › Chile's tax treaties: the 37 double taxation conventions in force, how treaty rates are claimed, the restitution exception and the multilateral instrument

Chile's tax treaties: the 37 double taxation conventions in force, how treaty rates are claimed, the restitution exception and the multilateral instrument

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Last verified: 2026-10-26 · Status: Changing

Chile has 37 double taxation conventions in force according to the SII, including those with Argentina, Brazil, Mexico, Spain, the United Kingdom and, since 2024, the United States, plus protocols with the Netherlands and Paraguay signed but not yet in force. A Chilean payer may withhold at the treaty rate, or not at all, when the foreign recipient provides a residence certificate and a declaration that it qualifies, but the payer remains liable if the treaty did not apply. Treaty residence also matters for dividends: owners in treaty countries escape the restitution of part of the corporate tax credit, which Ley Nº 21.850 phases out for everyone by 2029.

USD figures use the Central Bank exchange rate of CLP 986.58 per US dollar published in the Diario Oficial of 23 October 2026 (Ley Nº 18.840 art. 44). Tax units use the SII values of UTM CLP 72,151 and UTA CLP 865,812 for October 2026 and UF CLP 41,221.08 for 26 October 2026. Conversions are for orientation only.

Key facts

Double taxation conventions in force (SII list)	37 countSII list of international conventions, section I, as of 2026-10-26 · in force
Treaty instruments signed but not in force	Protocols with the Netherlands and Paraguay textSII list of international conventions, section I, as of 2026-10-26 · in force
MLI entry into force for Chile	2021-03-01 dateSII list, section III, as of 2026-10-26 · in force
Chile Argentina treaty applied in Chile from	2017-01-01 dateSII list, Argentina entry, as of 2026-10-26 · in force
Chile United States treaty applied in Chile from	2024-01-01 dateSII list; Decreto Nº 200 of 2023, as of 2026-10-26 · in force
Chile US treaty limit on interest to banks and qualifying lenders	4 %Chile US convention art. 11 Nº 2 a), as of 2026-10-26 · in force
Chile US treaty limit on royalties other than equipment	10 %Chile US convention art. 12 Nº 2 b), as of 2026-10-26 · in force
Presumed validity of a foreign residence certificate	Calendar year of issue textDL Nº 824, art. 74 Nº 4, as of 2026-10-26 · in force

The rule

1. The SII lists 37 conventions to avoid double taxation as in force, each with its date of application in Chile, and lists protocols with the Netherlands and Paraguay as signed but not in force. The most recent changes are the United States convention, in force from 19 December 2023 and applied from 1 January 2024, and an amending protocol with Brazil applied from 1 January 2026. Chile also applies a Pacific Alliance tax convention from 1 January 2024 and tax information exchange agreements with Bermuda, Guernsey, Jersey and Uruguay, plus the multilateral convention on mutual administrative assistance.
Cost to do it: No fee to claim treaty benefits; cost is obtaining residence certificates and declarations.Double taxation conventions promulgated by decree; SII list of international conventions, Section I (in force and signed), sections II and V, 2026-01-01 official text · verified 2026-10-26

2. Chilean payers of income to non residents who are residents and beneficiaries of a treaty country may withhold at the treaty rate, or not withhold where the treaty gives taxing rights only to the residence country, if the recipient provides a residence certificate issued by the competent authority of the other state and declares, in the form set by the SII, that it has no permanent establishment or fixed base in Chile to which the income is attributable and that it meets the treaty requirements. A residence certificate is presumed valid for the calendar year in which it is issued. If the SII later finds the treaty did not apply, the payer is liable for the unwithheld tax, with recourse against the recipient.
Cost to do it: Cost of the certificate in the recipient's country; risk for the payer if the declaration is wrong.Decreto Ley Nº 824, Art. 74 Nº 4, 2020-02-24 official text · verified 2026-10-26

3. Owners using a first category tax credit subject to restitution must repay 35 percent of it as additional tax, except residents of countries with a treaty in force with Chile under which the first category tax is deductible from the additional tax, or with a clause producing the same effect. Ley Nº 21.850 repeals the restitution from 1 January 2027 but keeps 30 and 20 percent restitution for credits generated in 2027 and 2028, with the same treaty exception.
Cost to do it: For a non treaty owner, restitution on US$100,000 of 2026 profit taxed at 27 percent is US$9,450; a treaty owner pays none.
Example: On CLP 98,658,000 of 2026 profit, restitution of CLP 9,323,181 for a non treaty owner. / US$9,450 on US$100,000 of profit.Decreto Ley Nº 824, as amended by Ley Nº 21.850, Art. 63; Ley Nº 21.850 art. 9 and fifth transitory article, 2026-10-17 official text · verified 2026-10-26 · changed: Ley Nº 21.850 (Diario Oficial 17 October 2026) phases out restitution: 30 percent for 2027 credits, 20 percent for 2028 credits, none after; the treaty country exception continues to apply.

4. Under the Chile United States convention, Chile may tax interest paid to US residents at up to 4 percent where the beneficial owner is a bank, insurer or other qualifying lender, and up to 10 percent in other cases, with 15 percent replacing 10 percent for the first five years; back to back arrangements can be taxed at up to 10 percent. Royalties are limited to 2 percent for the use of industrial, commercial or scientific equipment and 10 percent for other royalties. Dividend limits of 5 and 15 percent do not restrict Chile's additional tax as long as the first category tax is fully creditable against it.
Cost to do it: Lower withholding on interest and royalties to US residents.
Example: Royalties of CLP 98,658,000 for software licences to a US resident: treaty limit CLP 9,865,800 instead of CLP 14,798,700 under domestic law. / US$100,000 of software royalties: US$10,000 under the treaty instead of US$15,000.Decreto Nº 200 of 2023, Ministerio de Relaciones Exteriores, promulgating the Chile United States convention and protocol, Convention art. 10, art. 11 Nº 2 to Nº 4 and art. 12 Nº 2; Protocol Nº 12, 2024-01-27 official text · verified 2026-10-26

5. The OECD multilateral convention to implement tax treaty related measures (MLI) entered into force for Chile on 1 March 2021; the SII publishes synthesised texts of the treaties it modifies, including those with Argentina, Spain, Mexico, Peru, the United Kingdom and Uruguay. Mutual agreement procedures for all treaties follow SII Circular Nº 13 of 2022 as amended by Circular Nº 19 of 2023.
Cost to do it: MAP requests carry no SII fee.Multilateral Convention to Implement Tax Treaty Related Measures; SII Circular Nº 13 of 2022, Section III and section I MAP instructions of the SII list, 2021-03-01 official text · verified 2026-10-26

6. The Chile Argentina convention is applied in Chile from 1 January 2017, is covered by the MLI and contains a most favoured nation clause noted by the SII, which issued Circular Nº 27 of 2019 on it. How an Argentine parent is taxed at home on Chilean dividends, interest or royalties is a matter of Argentine law covered in the Argentine guide.
Cost to do it: None beyond treaty claim documentation.Chile Argentina double taxation convention; SII Circular Nº 27 of 2019, SII list, Argentina entry, 2017-01-01 official text · verified 2026-10-26

Country	Applied in Chile from
Argentina	2017-01-01
Australia	2014-01-01
Austria	2016-01-01
Belgium	2011-01-01
Brazil (protocol from 2026-01-01)	2004-01-01
Canada	2000-01-01
China	2017-01-01
Colombia	2010-01-01
Croatia	2005-01-01
Czech Republic	2017-01-01
Denmark	2005-01-01
Ecuador	2004-01-01
France	2007-01-01
India	2023-01-01
Ireland	2009-01-01
Italy	2017-01-01
Japan	2017-01-01
Korea	2004-01-01
Malaysia	2009-01-01
Mexico	2000-01-01
Netherlands	2023-01-01
New Zealand	2007-01-01
Norway	2004-01-01
Paraguay	2009-01-01
Peru	2004-01-01
Poland	2004-01-01
Portugal	2009-01-01
Russia	2013-01-01
South Africa	2017-01-01
Spain	2004-01-01
Sweden	2006-01-01
Switzerland	2011-01-01
Thailand	2011-01-01
United Arab Emirates	2023-01-01
United Kingdom	2005-01-01
United States (in force 2023-12-19)	2024-01-01
Uruguay	2019-01-01

Double taxation conventions in force for Chile and their date of application in Chile, as listed by the SII on 26 October 2026.

Worked example

A UK company licenses a trademark to a Chilean SpA for US$200,000 a year (CLP 197,316,000). Before the first payment it sends a UK residence certificate and the SII declaration that it has no permanent establishment in Chile and meets the treaty conditions. The SpA withholds at the rate allowed by the Chile United Kingdom convention instead of the 30 percent domestic royalty rate, and keeps the certificate on file for the calendar year of issue (art. 74 Nº 4).
For dividends, a parent resident in a treaty country whose treaty makes the first category tax deductible from the additional tax, or has a clause with the same effect, pays 35 percent total tax on profit distributed out of 2026 earnings, while a parent from a non treaty country also restitutes 35 percent of the 27 percent credit, US$9,450 on US$100,000 of pre tax profit (CLP 9,323,181), as shown in the tax system overview.

Step by step

Confirm the recipient's country is on the SII in force list and that the treaty applies to the year of payment.
Collect a residence certificate issued in the same calendar year and the SII form declaration before paying.
Read the specific treaty article for the income type; rates differ by treaty and by recipient (banks, holdings).
Withhold at the treaty rate and report the payment in the SII sworn statements on payments abroad.
If double taxation arises anyway, consider a mutual agreement procedure under SII Circular Nº 13 of 2022.

Common traps

A treaty that is only signed gives no relief; protocols with the Netherlands and Paraguay are still pending.
The payer, not the foreign recipient, bears the tax if a treaty rate was applied without meeting the conditions.
Under the US treaty, the 15 percent interest rate for non bank lenders applies only during the first five years before falling to 10 percent.
The restitution exception depends on the treaty being in force with a credit clause; owners in non treaty countries keep paying restitution on 2027 and 2028 credits.
MLI changes, including anti abuse tests, modify many treaties; read the SII synthesised text, not the original treaty alone.

Sources

Related: Chile country profile · live dashboard · central bank and release calendar · our posts on X · where Argentina is involved, see The Argentine Thread guide

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