Reconstruction Law tax advisory for companies and their owners by Anguita Osorio.
Substitute tax, family donations, foreign-asset regularization and corporate tax planning.
Reconstruction Law: What It Contains and Which Decisions It Opens for Your Company
Congress approved the omnibus bill "For National Reconstruction and Economic and Social Development" (Bulletin No. 18.216-05). For companies and their owners it opens three time-limited windows (a 10% substitute tax on accumulated profits, family donations at half the tax, and a foreign-asset regularization), cuts the corporate tax gradually from 27% to 23%, and rewrites everyday operating rules such as 30-day payment to suppliers.
This page walks through the law in five moves: where the bill stands and what the calendar looks like, the three time-limited windows for owners, the gradual tax cut between 2027 and 2029, the operating changes that reach every company, and what was dropped from the text or is under constitutional challenge.
Legislative status and calendar
Approved by Congress, not yet published. The clock has not started.
On 21 July 2026 the Chamber of Deputies ratified almost the entire text approved by the Senate. What remains before publication is procedural, but it controls the timing of every deadline in the law.
- One article remains before a joint committee: the fiscal compensation to municipalities for the property-tax exemption and the transfer to the Treasury of the collection of overdue municipal licenses and waste fees. No core matter of the reform depends on it.
- Challenges were filed before the Constitutional Court against the tax invariability regime and part of the environmental-permits chapter. The constitutional organic provisions also go through mandatory preventive review.
- Publication in the Official Gazette has no set date: it may take weeks or a few months. The time-limited windows have not been challenged, and the risk of losing them is assessed as low at this date.
- Every window is triggered by publication, not by approval. The current period is therefore for preparing decisions: quantifying, valuing and modeling, so that the deadline runs against a plan and not against a blank page.
Those deadlines matter because the heart of the package for owners is three one-time opportunities.
Three time-limited windows
Each one opens with publication and closes on its own clock.
Substitute tax of 10% (8 months)
Companies with accumulated taxable profits from prior regimes (FUR, STUT or excess withdrawals) can pay a single 10% tax on all or part of those balances, replacing the personal taxes on withdrawal. What is covered can later be withdrawn without imputation order and without withholding, at the cost of losing the associated credits.
Donations at half the tax (1 year)
For one time only, lifetime donations to children, spouse and other forced heirs pay half the tax under Law No. 16.271, by public deed and without court approval. For family businesses it is the most relevant opportunity in the package: succession of shares or equity rights at half the cost and with a simpler procedure.
Foreign assets at 10% or 7% (12 months)
A voluntary regime to declare assets or income held abroad (or in Chile through foreign structures) acquired before 1 January 2026, paying 10% on commercial value, or 7% if the assets enter the country and stay invested in Chile for at least 5 years. A good-faith declaration extinguishes tax, foreign-exchange and corporate liabilities.
Alongside the windows, the law changes the permanent tax burden of the general regime.
The tax burden falls between 2027 and 2029
A gradual corporate tax cut and the full credit back for owners, by year of generation.
The corporate tax of the general regime (article 14 A) falls in three steps, with provisional monthly payments adjusting in parallel. The SME regime of article 14 D does not change.
Current rate. Owners recover only 65% of the credit on withdrawals.
Profits generated in 2027 carry a 70% credit for their owners.
Profits generated in 2028 carry an 80% credit.
Permanent rate. Profits from commercial year 2029 onward carry the full 100% credit.
The credit is assigned by the year the profit was generated, not the year it is withdrawn. Profits accumulated through the close of 2026 keep the current rules even if withdrawn years later, and the law orders them consumed first. Waiting therefore improves future profits, not the historical stock: for the stock, the tool is the 10% substitute tax. From 1 January 2027, capital gains on shares with stock-market presence also leave the single 10% tax and return to non-taxable income status, and a new credit rewards exporters of knowledge-based services.
The detail of the schedule, the credit mechanics and what to model before deciding in 2026 are covered in the corporate tax cut page.
The law does not stop at taxes: it also rewrites rules that touch daily operations.
Operating changes that reach every company
Payment terms, interest, training credits, credit data and municipal debt.
- Payment to suppliers in 30 days
Invoices must be paid within a maximum of 30 days unless the parties agree otherwise; a clause setting a longer term has no effect, and default interest runs from day 30. In public procurement the exceptional term falls from 60 to 45 days and formal acceptance must occur within 8 calendar days.
- Ban on interest over interest
Agreeing interest on interest is prohibited; amounts capitalized in breach of the rule cannot be enforced against the debtor.
- SENCE training credit falls to 0,7%
The training credit falls from 1% to 0,7% of payroll, with an employer co-payment scaled to the worker's pay: coverage of up to 80% for wages up to 25 UTM, 50% between 25 and 50 UTM, and 15% above 50 UTM. The co-payment cannot be passed on to the worker.
- Old debt data must be erased
Commercial registries must erase unpaid or extinguished debts of individuals older than 5 years, and any credit denial must be justified in writing. The rule does not cover companies as debtors, but every company that consults or reports delinquency data must adjust its processes.
- Municipal debt relief
Municipal debts (licenses, fees, waste charges of the 3 years before 2026) qualify for full relief of interest and fines, on request within 12 months. Note the limit: the parallel Treasury program for national taxes (180-day relief) applies only to individuals and smaller companies.
Just as important as what the law contains is what it dropped along the way or still hangs on a court ruling.
What was dropped or is in doubt
Three matters demand caution before planning around them.
- Universal childcare was removed from the text: the approved law contains no such obligation or benefit.
- The tax invariability regime for investments of USD 50 million or more exists in the approved text, but it was challenged before the Constitutional Court. Until the Court rules, it cannot be treated as a secured benefit and no investment decision should rest on it.
- The reform of permits and environmental assessment, itself partly challenged, is a chapter of its own and will be covered separately.
The questions below gather the doubts that come up most often when a company and its owners review the package.
Frequently asked questions
The most common questions about the law and its deadlines.
What is Chile's Reconstruction Law?
An omnibus law approved by Congress in July 2026 (Bulletin No. 18.216-05) that combines tax cuts with new operating rules. For a company and its owners the core is three time-limited benefits (a 10% substitute tax on accumulated profits, family donations at half the tax, and a foreign-asset regularization), the gradual corporate tax cut from 27% to 23%, and a 30-day cap on supplier payments.
Is the Reconstruction Law in force?
Not yet. The Chilean Congress approved the text (the Chamber of Deputies ratified almost all of the Senate version on 21 July 2026), but one article remains before a joint committee, the Constitutional Court must rule on the challenges filed and complete its mandatory preventive review of the constitutional organic provisions, and the law has not been published in the Official Gazette. The publication date is uncertain and may take weeks or a few months.
When do the windows start running?
All of them are triggered by publication in the Official Gazette, not by congressional approval. The 10% substitute tax runs for 8 months from publication; the 50% donations relief runs for 1 year from the first day of the second month after publication; the foreign-asset regularization runs for 12 months and opens on the first day of the third month after publication.
What should companies prepare now, before publication?
The current period is for preparing decisions, not executing them. For the substitute tax: quantify historical balances (FUR, STUT, excess withdrawals) and model the regime against an ordinary withdrawal for each partner. For donations: value the assets, define what is donated and to whom, review bylaws and shareholder agreements, and solve the liquidity of the tax. For foreign assets: inventory structures and accounts, document origin and appraisal, and weigh the general rate against the reduced one.
Does anything change for SMEs?
The SME regime under article 14 D does not change: the corporate tax reduction (27% to 23%) applies only to the general regime of article 14 A. SMEs can still be reached by the operating changes, such as 30-day payment to suppliers, the reduced SENCE training credit and the municipal debt relief, and smaller companies also qualify for the Treasury relief program for national taxes.
What about tax invariability for large investments?
The approved text includes a tax invariability regime for investments of USD 50 million or more, but it has been challenged before the Constitutional Court and its fate depends on that ruling. It should not be presented as a secured benefit, and investment decisions should not rest on it while the challenge is pending. The time-limited windows, by contrast, have not been challenged, and the risk of losing them is assessed as low at this date.
Official sources
- Senate: legislative record of Bulletin No. 18.216-05
- Text approved by Congress: Chamber of Deputies official communications No. 21.252 and No. 21.412, and Senate official communication No. 245/SEC/26.
Which windows apply to your company?
The windows run from publication and each one demands prior work: quantifying balances, valuing assets, reviewing bylaws. The tax compliance practice reviews your structure against the approved text and orders the decisions before the clock starts.
Review my situationInformational content, updated as of July 2026. It does not constitute legal advice for a specific case.
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