To obtain a foreign investor RUT in Chile, which allows you to make investments, engage in business activities, and take advantage of the numerous opportunities available in the country, a specific process must be followed through the Internal Revenue Service (SII). Below are the basic steps:
1. Appoint a Legal Representative in Chile
You must appoint a legal representative residing in Chile to act on your behalf for tax and legal matters. This representative can be either an individual or a legal entity and will be responsible for requesting the RUT.
2. Obtaining the RUT from the SII
The legal representative of the foreign investor must complete the RUT application form through the SII website. To do this, they must log in using their RUT and personal or corporate credentials and access the “Inscription and RUT Number Assignment” section.
If the foreign investor is an individual, the “Individual Foreign Investor” option should be selected, and under the “Taxpayer Type” section, “Foreign Investor” should be chosen. The process requires entering the representative’s information, their contact details, the foreign investor’s personal information, and uploading the required documentation. This includes the notarized power of attorney authorizing the representative to act on behalf of the investor.
In the section for the foreign investor’s personal information, besides the usual general data, the Tax ID or tax identification code assigned to the investor in their country of residence is mandatory to complete the process correctly.
3. Documents Required for the Online SII Application
The representative must upload the following documents:
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- A copy of the foreign investor’s passport or identification document.
- A notarized power of attorney, apostilled or legalized as appropriate (if issued abroad).
- For a foreign legal entity, the company’s articles (Deed) of incorporation must be duly legalized.
4. RUT Processing Time and In-Person Presentation
Once the documentation has been submitted and verified for accuracy, the SII will assign a RUT to the foreign investor within 5 to 10 business days. This number is essential for engaging in any economic or tax activity in Chile, such as purchasing property, investing in businesses, opening bank accounts, and more.
Currently, the SII offers the option to process foreign investor registration electronically. However, in some cases, the legal representative may need to appear in person, depending on the specific circumstances of the process.
5. Starting Business Activities (optional)
If the foreign investor wishes to begin business activities in Chile, they must formally declare the start of activities with the SII, which may require submitting additional documents.
This process can take a few days or weeks, depending on the timely submission of documents and review by the SII.
Designating a Representative in Chile
As a foreigner, if you wish to appoint a representative in Chile to carry out legal or tax procedures (such as obtaining an investor RUT), you must follow a formal process that varies depending on your country of residence and the type of action you plan to undertake. Below is the general procedure:
1. Draft a Power of Attorney
The first step is to draft a power of attorney granting a person residing in Chile the authority to act as your legal representative. This document must detail the specific actions the representative may perform on your behalf, such as obtaining a RUT, making investments, or representing your interests in Chile.
There are two types of powers of attorney:
- General Power of Attorney: Grants broad authority to perform multiple legal actions.
- Special Power of Attorney: Grants authority for specific and limited actions.
2. Authenticate the Power of Attorney in Your Country
If you are outside Chile, the power must be signed before a notary public in your country.
Then, the document must be “legalized or apostilled” according to the relevant procedure:
- Legalization: If your country is not a member of the Apostille Convention, the power must first be legalized by the Ministry of Foreign Affairs in your country and then by the Chilean Consulate.
- Apostille: If your country is a member of the Hague Convention, the document can be apostilled by the competent authority (usually a court or ministry in your country), simplifying the process as no further consular legalization is required.
3. Legalize the Power of Attorney in Chile
Once the apostilled or legalized power of attorney arrives in Chile, it must be submitted to the Chilean Ministry of Foreign Affairs for validation.
After that, the document must be taken to a notary in Chile, who will register it and make it legally valid within the country. From that point on, the representative can use the power of attorney to act on your behalf.
4. Granting a Power of Attorney in Chile (If You Are in Chile)
If you are already in Chile, the process is much simpler. With your foreign passport, you can go directly to a notary and grant the power to your Chilean representative without the need for legalization or apostille.
5. Powers of the Representative
The representative can perform specific actions outlined in the power of attorney, such as:
- Obtain a RUT on your behalf.
- Represent you before the SII or other authorities.
- Opening an investment account at a bank’s brokerage.
- Making commercial or investment transactions, such as purchasing property.
- Handle legal or judicial procedures, as authorized.
It is advisable that the power of attorney be written clearly and specifically to avoid misunderstandings and ensure that the representative has all the necessary powers to carry out the procedures you wish to undertake in Chile.
How Do I Transfer Funds from My Country to Chile? Is it Possible to Open a Checking Account in a Bank in Chile Once I Have My Investor RUT?
Yes, it is possible to open a checking account in a bank in Chile, although the process can be more complex. The available options are limited and depend on each bank’s policy. Generally, residency in Chile is required, but there are some alternatives:
1. Special Requests
Some banks in Chile offer special accounts for foreigners who hold an investor RUT. These accounts tend to have usage restrictions and limited functionalities, designed mainly to facilitate transactions related to investments. The process to open this type of account can be lengthy, as it requires a thorough review and approval by the bank’s compliance officer. Additionally, a guarantee deposit may be required as an extra condition. This procedure is not only more complex than usual but also carries the risk of rejection if the bank’s criteria are not fully met.
2. Opening an Investment Account
The most common option for foreigners with an investor RUT is to open an investment account with a bank’s brokerage firm, rather than a checking account.
After obtaining the investor RUT from the SII, you can open this account. The process includes:
- Presenting your valid passport
- Completing and signing the NCG 380 contract
- Completing the KYC
- Signing the FATCA form
- Signing the PEP (Politically Exposed Person) form
This account, which typically takes about a week to open, allows you to transfer funds from abroad to the bank’s stockbroker, who will then allocate the funds to your investor RUT.
Once your funds are received in the stockbroker account in Chile, you will be able to invest them in various financial instruments.
It’s important to note that there is a simplified process to obtain the RUT, where the stockbroker manages the RUT registration directly. However, if you prefer more independence in choosing the stockbroker you will operate with, it might be more convenient for you to obtain the RUT yourself through your legal representative in Chile.
How Do I Withdraw My Funds from the Stockbroker to Invest in Real Estate or Other Businesses?
1. Special Requests
To request the withdrawal of funds from your Investment Account for the purchase of real estate, the stockbroker may request documents that prove the intended use of the funds, such as a draft of the purchase deed or a promise contract. The investor must also sign the instruction to move the funds.
Once the withdrawal request is authorized, if the investor has a checking account, the stockbroker will transfer the funds directly to that account. If not, the stockbroker will send the funds to the bank account it operates with, in order to issue a vale vista (bank draft) in the investor’s name.
2. Opening an Investment Account
A vale vista is a financial document issued by the bank that guarantees the payment of a specific amount to the beneficiary. This instrument is commonly used in Chile for secure transactions, such as real estate purchases.
Additional considerations regarding the vale vista:
- The bank requires the following information to issue the vale vista: the name of the property seller, the purchase price stated in the deed, the purchase deed or promise contract, the foreign investor’s identification, and the investor’s RUT.
- The bank also charges a fee for issuing the vale vista, depending on the amount and its policies.
- The processing time for transferring funds from the stockbroker to the bank can take 1-2 business days. The vale vista is typically issued within a few hours once the funds are available in the bank.
- The vale vista can be delivered directly to the investor, their legal representative, or the seller, depending on the specific instructions.
- Both the bank and stockbroker must comply with anti-money laundering regulations. As such, they may request additional documents regarding the origin of the funds and the final destination.
- Payment in Dollars or Pesos: Although the funds in the investment account may be in U.S. dollars, the vale vista must be issued in Chilean pesos to comply with local regulations for real estate transactions.
- Use of the Vale Vista: The vale vista is delivered to the seller (or rather, left with notarial instructions) at the signing of the deed before the notary.
With this procedure, the foreign investor can safely and transparently move funds from their investment account, through the bank, to formalize the real estate purchase.
How Can Produncan Lands Assist You Throughout the Process?
At Produncan, we are here to guide you through every step of the investment process in Chile. We understand that navigating legal and financial requirements as a foreigner can be challenging, but with our expertise, we offer comprehensive solutions to facilitate your entry into the Chilean market
From obtaining your investor RUT to opening bank accounts, our team will assist you with every procedure. We take care of appointing a reliable legal representative, preparing the necessary documentation, and interacting with banks and tax authorities. All this so you can focus on what matters most: taking advantage of the investment opportunities Chile has to offer.
With Produncan, you can focus on what truly matters: seizing the investment opportunities Chile has to offer, while we ensure compliance with all legal requirements in a transparent and efficient manner.
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