The unified audit seeks to promote a more efficient and equitable tax management between the SII and the business groups.
On January 16, the Internal Revenue Service (SII) published Circular No. 6, which provides instructions on the amendments introduced to the Tax Code by Law No. 21,713 on Tax Obligations, published on October 24, 2024, including the new audit procedure for business groups.
It is important to remember that a Business Group shall be the “group of entities that present links of such nature in their ownership, administration or credit responsibility, that make it be presumed that the economic and financial performance of its members is guided by the common interests of the group or subordinated to them, or that there are common financial risks in the credits granted to them or in the acquisition of securities issued by them”.
What is the Unified Auditing?
It is a mechanism that allows the SII to audit, jointly, the operations of business groups related to each other.
What are the benefits?
Overall results: It avoids dealing with operations in isolation.
- Administrative savings: Cost reduction, efficiency in reviews and simplification of procedures.
- Legal consistency: Prevents contradictory rulings in tax courts.
Requirements for the Unified Audit:
- Audited operations: Includes any legal event with tax impact, such as restructurings or intra-group transactions.
- Territorial scope: The operations must be carried out or have tax effects in Chile.
- Entities included: Only taxpayers of the group related to the operations under review will be audited.
Procedure:
- Formal initiation: The procedure begins with a resolution notified to the entities involved, detailing taxpayers, operations and audited periods.
- Responsible unit: The audit will be conducted by the SII unit corresponding to the domicile of the controlling entity or by the Large Taxpayers Directorate.
- Individual notifications: Each taxpayer receives specific notifications, respecting tax secrecy and privacy of information.
Other Aspects to consider:
- Extensions: It is possible to incorporate new entities to the procedure if their participation in the audited operations is detected.
- Deadlines: The computation of deadlines for liquidations or drafts begins once all entities deliver the required information.
The unified audit seeks to promote a more efficient and equitable tax management, promoting transparency and trust between the SII and business groups.
For more information please contact our Tax team:
Rodrigo Albagli | Partner | ralbagli@az.cl
Álvaro Rosenblut | Partner | arosenblut@az.cl
Andrea Bobadilla | Director Tax Group | abobadilla@az.cl
Valentina Herrera | Associate | vherrera@az.cl
Javiera Melo | Associate | jmelo@az.cl
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