| The
classic saying goes that there are only two things that are certain in
life: death and taxes. We would add a third: tax increases.
All property
in Chile recently went through the process of revaluation, and very few
properties in Chile managed to escape an increase in the tax for 2006.
We will explain basics of the property tax system in Chile, and what the
new tax rate means for you when buying and owning property and real estate
in Chile. We will also tell you where you can check the tax online for
individual properties in Chile.
First, we promise
we will try to make this as painless and brief as possible; after all,
we are talking about taxes here. Luckily, the Chilean tax system is well
organized and fair. Chile is not like the United States, where even tax
experts and the IRS have to close their eyes and guess at what the tax
law means.
Regardless,
we still would recommend for the most part that you get advise from a good
tax accounting expert or a tax attorney to help you get started with any
tax related issues in Chile. |
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We
hope here to give you the basics, so that you can at least know what it
is you are asking for when talking to an expert.
Chilean
Property Tax law 101: Real Estate Tax (Contribuciones)
Property tax
in Chile is payed over the governments' assessment of the value of the
property called "avalúo fiscal". The government value of each property
is determined by the Chilean Tax Bureau, according to the rules as regulated
in the Real Estate Tax Law or "Ley Sobre Impuesto Territorial" The tax
you pay is also known as your "contribuciones" in Chile.
The tax rate
is based on the official value of the property as set by the Chilean Tax
Bureau or Chilean IRS. The IRS in Chile is also known as "SII" or "Servicio
de Impuestos Internos".
Let us warn
you, the official value of the property "avalúo fiscal" DOES
NOT represent the market value of the property. It is set by the Chilean
Tax Bureau (SII) taking into consideration objective sources such as real
estate prices for sales, size, constructions, quality of the construction,
year of the construction, use of the property. It is often typically less
than the market value in some areas, and should not be used as any sort
of measure of the market value of property when attempting to purchase
a property. |
| What
does the new 2006 property tax law in Chile mean for you?
In January
2006 the Chilean Tax Bureau re-evaluated all urban property in the country.
As a result, all property taxes experienced a considerable increased.
The rules for
valuating the tax differ depending on the use of the land. The major categories
are: urban and agricultural property.
Urban properties
also have different categories based on if it has commercial or residential
status. This does not mean that the land is necessarily zoned for say construction
or is even being used in this way. It is simply a tax use designation.
The construction zoning is regulated on county by county bases by the Municipalities.
Property
Tax Exemptions in Chile:
For urban property,
all houses or apartments with an official value below CLP $14,655,788 DO
NOT PAY Property Tax. This applies to buildings in general, but does not
include lots located in urban areas with no construction on them. All agricultural
Land in Chile is exempt up to CLP $5,306,642.
The Chilean
Tax Rate for Property and Real Estate as of 2006
Urban Properties:
non agricultural - non commercial land:
1% from $14,655,788
to $52.342.100 CPL
More than $52.342.100
CPL 1,2%
Commercial
property (non agricultural)
pay 1,2% plus
an additional 0,025% tax.
Property taxes
in Chile may be paid in 4 payments with due dates in April, June, September
and November, or in one lump sum per year.
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How
to find the property tax rate for a particular piece of property in Chile:
So, you are
looking at buying a piece of real estate or own a piece of real estate
in Chile and you want to know what the taxes. This is what you need to
do. To check for the taxes on a property you must pay in Chile, you can
ask at the Chilean Department of Treasury (Tesorería General de
la República) for a Debt Certificate. In order to get this certificate
you will have to have the Property Tax Identification Number or "Rol de
Avalúo" to track the property.
Also, if you
want to know the official legal tax value of the property (avalúo
fiscal) you can get a certificate from the Chilean Tax Bureau or "Certificado
de Avalúo Fiscal". This certificate is issued by the Chilean
Tax Bureau (SII) and registers the legal value of the property, official
address, name of the owner as registered by IRS, and any tax exemptions
the property might have.
This certificate
DOES NOT however constitute a legal document to prove ownership of the
property. The only document that does this is the ownership certificate
or "Certificado de Dominio Vigente" issued by the Registry or "Conservador
de Bienes Raíces" where you registered your property title
in Chile. |
| You
can get this certificate of legal value online at the Chilean Tax Bureau
website
www.sii.cl , if you have the Property
Tax Identification Number or "Rol de Avalúo".
Many properties
in Chile had been undervalued for years. Because of this, the new tax rate
will be applied in a phased manner to reduce the burden on land owners.
All property
in Chile that experienced a tax increase will pay a 25% increase in
the first semester of 2006, and then a 10% increase each semester after
that until reaching the new rate.
Please also
be aware that during this nation wide revaluation, many of the new values
were contested by land owners. Not all of the claims have been ruled on
yet by the Chilean IRS.
Every time
you purchase a property in Chile, the notary must inform the Chilean Tax
Bureau and check that all taxes have been payed. Without the proper
tax certificate free of any debt you cannot purchase the property.
There is no
exceptions to this rule, and you should check when negotiating the purchase
of a property that the owner is able to clear the tax debt on the property
before buying.
Let us repeat
again, you should talk to an expert and get some help. The tax law in Chile
is in many ways simpler, but it is still law and should be handled carefully.
Mistakes
can be costly, and properties are auctioned off evreyday in Chile for
failure to pay taxes.ryday. |
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