Chile | New Joint Transfer Pricing–Customs APA Procedure for Imports
A new regulation may significantly improve pricing certainty for multinational groups importing goods into Chile.
On March 11th, 2026, Chile’s Official Gazette published Exempt Resolution No. 204, establishing a new procedure for Advance Pricing Agreements (APAs) involving imports of goods under Article 41 E of the Income Tax Law. This implements reforms introduced by Law No. 21,713 and replaces the APA procedure that had been in place since 2016, introducing formal coordination between the Tax Authorities (SII) and the Customs Authorities (SNA) when transfer pricing agreements involve imported goods.
For multinational groups with related party import flows, this is a meaningful development.
🔎 Key Highlights of the New APA Framework
1️⃣ Joint Tax and Customs Review
APA requests involving imports must be submitted to the SII, which will coordinate the process with the SNA.
The APA requests covering imports must now be reviewed jointly by SII and SNA, and each of them
will evaluate the request according to their respective competencies:
• SII: arm’s-length transfer pricing analysis.
• Customs: verification of customs valuation under import rules.
This mechanism seeks to avoid inconsistent pricing determinations for the same import transactions.
2️⃣ Optional Pre-Filing Consultation Stage
Taxpayers may request a preliminary consultation to assess the viability of an APA before formally filing the application request.
Authorities will respond within two months, although the response does not determine the final outcome.
3️⃣ Comprehensive Documentation Requirements
Applicants must provide, among other information:
📊 Transfer pricing study applying the methods under Article 41 E.
📑 Related Party Contracts.
🏢 Group organizational structure and financial statements.
📦 Tariff classifications and customs valuation methodology for imported goods.
🔍 Functional analysis, comparables, and proposed arm’s-length pricing.
4️⃣ Defined Review Timeline
Authorities must issue a decision within 12 months once all required information has been provided.
If no decision is issued within this period, the request is deemed rejected, without prejudice to submitting a new application.
5️⃣ Binding Protection Once Agreed
Once the APA is executed:
✔️ Transfer pricing cannot be reassessed by the SII for the covered transactions.
✔️ Customs cannot challenge the customs value if determined according to the agreement.
This creates significant (tax) certainty for cross-border supply chains.
6️⃣ Retroactive application available
APAs may apply retroactively for up to three prior fiscal years, and related transfer pricing adjustments:
• will not trigger penalties or interest, and
• will not be subject to the Article 21 penalty tax.
⚠️ Important Limitation
APA-related transfer pricing adjustments:
• Affect income tax only.
• Do not modify Customs declared values, documentation, or duties.
• do not trigger Value Added Tax (VAT), VAT adjustments, or refunds.
💡 Why this Matters
This Act represents a notable step toward institutional alignment by integrating transfer pricing and customs valuation frameworks in Chile.
For multinational importers, the new framework may:
• reduce the risk of inconsistent tax and double adjustments (tax vs. customs).
• enhance certainty and predictability for intercompany imports and related pricing.
• support long-term tax and supply chain planning in Chile.
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