The resolution will come into effect on March 1, 2026, and affects taxpayers who fail to file their monthly tax returns (F29) for continuous periods.
On November 27, the Internal Revenue Service (SII) issued Resolution No. 171, which establishes the administrative procedure that the SII will follow to apply the new presumption of termination of business. This resolution is supplemented by the instructions in Circular No. 32 of 2025.
It is important to note that the resolution will take effect on March 1, 2026. Below we highlight the main aspects:
I. Regulations
Law No. 21,713 on Tax Compliance amended the final paragraph of Article 69 of the Tax Code, incorporating a legal presumption of termination of business for taxpayers who fail to file their monthly tax returns (F29) for continuous periods.
II. When can the SII presume termination of business?
The legal presumption applies to taxpayers who meet all of the following conditions:
- Six or more consecutive tax periods without filing monthly tax returns (F29).
- Six months have passed since the SII took contact actions (see point 3) without the taxpayer:
- Expressing their decision to continue operations.
- Restarting or regularizing their activity by regularly filing monthly returns.
3. The taxpayer meets the following conditions:
- Have no profits pending taxation.
- Have no assets pending taxation.
- If there are profits or assets, no net tax differences are determined.
- Have no current tax debts.
This is a mere legal presumption, so it admits evidence to the contrary in accordance with Article 47 of the Civil Code, in relation to Article 2 of the Tax Code.
III. Procedure
- In accordance with the resolution, the SII will follow the following procedure:
- Detection of defaulting taxpayers
- The SII will detect taxpayers with 6 or more consecutive tax periods without filing F29.
2. Contact actions
- The SII will send an email to the taxpayer, which will be available on their personal MiSII site, informing them of:
- The default situation.
- The procedure that will be applied and the deadlines involved.
3. Six-month deadline to regularize or communicate decision
- During the six months following the sending of the email, the taxpayer must log in to the SII website, select the Business Term menu, and choose the Communicate cessation/continuation of activity option, where they can:
- Confirm the cessation of activities.
- Express their intention to continue operating and proceed to regularize their monthly returns.
4. Application of the presumption of termination of business
- After six months, if the taxpayer: Has not submitted their omitted F29 forms, nor has expressed their decision to continue with their business, and the conditions set forth in point 2 are met, the SII will be empowered to legally presume the termination of business.
5. Resolution of termination of business and notification
- The SII will declare the legal presumption by means of a well-founded resolution, without the need for prior notification to the taxpayer.
- The resolution will be notified in accordance with the general rules.
- This resolution will be the only document certifying the termination of the tax assessment as of the date of its issuance, and a separate certificate of termination of the tax assessment will not be necessary.
6. Registration in the electronic tax file
- The SII will include the case details in the electronic tax file, including proof that the taxpayer has no outstanding tax debt.
7. Review and appeals
- The resolution declaring the termination of the tax assessment by presumption may be reviewed via:
- Review of the Tax Audit (RAF).
- Voluntary Administrative Review (RAV).
- Appeal before the Tax and Customs Court.
IV. In which cases does the presumption not apply?
The presumption shall not apply when:
- The taxpayer has communicated the continuity of their activities, even if they have not filed F29 in the last six months.
- The taxpayer has regularized their activity by filing their monthly returns, whether or not they have expressly stated their intention to continue with their business.
The SII may, however, restart the procedure if the taxpayer again accumulates six or more consecutive periods without filing monthly returns.
V. Practical implications
This new presumption of termination of business becomes particularly relevant for:
- De facto inactive companies that ceased operations but never formally processed their termination of business.
- “Historical” RUTs that are used sporadically or were left “on standby” after reorganization processes.
- Taxpayers who have stopped filing F29 due to operational or compliance errors and who could be exposed to an unwanted termination of business activity if they do not react within the deadlines.
VI. Recommendations
- Monitor F29 compliance status.
- Regularly check MiSII for periods with missing monthly statements.
- Implement internal alerts to avoid accumulating six consecutive periods without F29.
2. Remove inactive or dormant tax ID numbers.
3. Define an internal policy regarding presumed termination of business.
4. Review cases at risk of presumption.
5. Evaluate any RAF/RAV or claims.
Finally, it is important to mention that the new presumption of termination of business reinforces the importance of timely compliance with monthly returns to avoid the application of the procedure and its administrative effects.
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
Catalina Rojas | Senior Associate | crojas@az.cl
Javiera Melo | Associate | jmelo@az.cl
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