Companies will have a unique opportunity to turn their tax practices into an asset of reputational and strategic value.
With the new Tax Compliance Law (Law No. 21,713) of October 2024, the concept of tax sustainability was introduced, defined in Article 8°, No. 18 of the Tax Code as:
“The set of measures that a taxpayer implements with the purpose of promoting mutual cooperation and transparency in the compliance with its tax obligations” .
This definition sets a new standard, transforming the payment of taxes into an ethical commitment that reinforces corporate governance and projects social responsibility.
In a market where reputation is a key differentiator, tax sustainability positions companies as responsible leaders, capable of generating trust among investors, clients and regulators.
In this context, the Internal Revenue Service (SII) has advanced in the implementation of this framework with Exempt Resolutions No. 70, 71 and 72 of 2025, issued in June, which detail procedures for cooperation agreements, annual certification and registration of independent certifiers, complemented by Circular No. 6 of January 2025.
These rulings provide companies with practical tools to align their tax conduct with the principles of transparency and collaboration.
Below, we analyze the scope and implications for taxpayers of each of these rulings.
1. Resolution No. 70: Cooperation Agreements with Business Groups
Resolution No. 70 establishes the procedures for the subscription, execution and follow-up of cooperation agreements between the SII and business groups, in accordance with the third and fourth paragraphs of Article 8, No. 18 of the Tax Code.
These agreements allow a unified audit, based on the proactive exchange of information on tax structures, operations and risks. Participating groups must submit a tax risk matrix and commit to maintaining robust compliance policies, which facilitates a relationship of trust with the SII.
For taxpayers, this resolution highlights significant benefits, such as higher levels of certainty, access to direct communication channels with the SII, technical support to resolve complex queries, extensions for filing tax returns, and an improvement in brand perception that can translate into competitive advantages, such as better financing conditions or greater attractiveness for investors.
However, implementation requires rigorous preparation, including the review of internal processes and the training of tax teams to ensure the quality of the information shared.
2. Resolution No. 71: Annual Tax Sustainability Certification
Resolution No. 71 regulates the process through which independent certifying companies grant the annual tax sustainability certification, according to the second paragraph of Article 8°, No. 18 of the Tax Code.
This certification evaluates compliance with the principles of transparency and cooperation, considering indicators such as the existence of a documented tax strategy, effective tax risk management and adherence to good practice standards.
Companies must present detailed evidence of their tax processes, which implies a significant effort in terms of governance.
Certification, although voluntary, is a strategic tool. Certified companies will benefit from a reduced audit burden, a more collaborative relationship with the SII and a seal of quality that reinforces their reputation in the market.
To comply with the requirements, companies must align their practices with the parameters established by the SII, which may require adjustments to their internal control systems and the hiring of specialized consultants.
3. Resolution No. 72: Registration of Independent Certifying Companies
Resolution No. 72 defines the requirements and procedures for the registration of independent certifying companies in charge of assessing tax sustainability.
These certifiers must demonstrate technical expertise, independence and absence of conflicts of interest, ensuring the integrity of the certification process.
The SII will publish the list of authorized certifiers on its website, providing taxpayers with a clear guide to select reliable providers.
For companies, the existence of a formal registry reduces uncertainty when choosing a certifier, facilitating access to the tax sustainability process.
However, taxpayers must act diligently, verifying the suitability of certifiers and planning ahead to meet certification deadlines.
This measure reinforces the SII’s commitment to a transparent regulatory framework, encouraging companies to join this initiative with confidence.
Implications and benefits of Tax Sustainability
Tax sustainability, materialized through these resolutions, transforms tax compliance into a strategic asset that transcends the accounting sphere.
By adopting cooperation agreements or certifications, companies not only comply with regulations, but also position themselves as leaders in social responsibility, generating trust in a market where reputation is a key differentiator. This approach, together with other tools such as the 1913 Affidavit, reinforces corporate governance.
In a context where transparency is a rising value, companies that embrace this paradigm will be better positioned to lead in the business environment, offering them a unique opportunity to turn their tax practices into an asset of reputational and strategic value.
You can review each resolution in full here:
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
Javiera Melo | Associate | jmelo@az.cl
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