Reconstruction Law tax advisory for companies and their owners by Anguita Osorio.

Substitute tax, family donations, foreign-asset regularization and corporate tax planning.

Tax and economic reform

Reconstruction Law: What It Contains and Which Decisions It Opens for Your Company

Congress dispatched 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) and cuts the corporate tax gradually from 27% to 23%. The text also carries operating changes, though three of them were struck by the vetoes Congress approved.

Last updated:

Status
Congress closed its track on 12 August and the Constitutional Court resolved both challenges: on 13 August it accepted the opposition filings only in part (Case No. 17828-26-CPT), and on 25 August it rejected, 9-1, the Executive's challenge to Article 31. What remains is the drafting of the rulings, enactment and publication in the Official Gazette, expected in September (as of 28 August 2026).

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 4 August 2026 the Senate approved the joint-committee report and Congress dispatched the bill to the Executive. What remains before publication is procedural, but it controls the timing of every deadline in the law.

  • The last pending point was the fiscal compensation to municipalities for the property-tax exemption: the Treasury covers the lost revenue and municipalities must show at least a 30% cut in permit-processing times to access it. The Chamber approved the report on 22 July and the Senate ratified it on 4 August (27-22), which dispatched the reform from Congress.
  • On 5 August 2026 the Executive filed three suppressive vetoes: on compound interest (anatocismo), the financial right to be forgotten, and the new 30-day supplier-payment regime for smaller companies. The Chamber approved the three on Monday 10 August (75-59 on anatocismo, 75-58 on the financial right to be forgotten, 74-50 on 30-day payment) and the Senate did the same on Wednesday 12 August (24-18, 23-15 and 20-17 in a second vote). With both approvals, the three rules are definitively out of the final text.
  • The opposition filed three challenges before the Constitutional Court, against the tax invariability regime and the compensation tied to the judicial annulment of an environmental permit (RCA). The Court consolidated the cases under Case No. 17828-26-CPT, held the public hearing on 12 August with 56 presenters, heard oral arguments on 13 August and resolved them that same day, accepting the filings only in part: it upheld the core of the tax invariability regime, struck the RCA-annulment compensation and trimmed some extensions of the text. The constitutional organic provisions also go through mandatory preventive review.
  • The Executive filed its own challenge on 11 August, against Article 31 on free reconnection of basic services after a catastrophe. On 25 August the Court rejected it, nine votes to one: the provision stands, and utilities must reconnect residential users and small businesses free of charge (electricity and gas within 48 hours, water within 24), even if service had been cut for non-payment.
  • Publication in the Official Gazette has no set date, but with both challenges resolved the calendar points to September: what remains is the drafting of the rulings, the preventive review and enactment. The time-limited windows were never challenged and arrive intact at this final stretch.
  • 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.

How the substitute tax works

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.

Conditions of the donations window

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.

How the regularization works

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.

Year 2026
27%

Current rate. Owners recover only 65% of the credit on withdrawals.

Year 2027
25,5%

Profits generated in 2027 carry a 70% credit for their owners.

Year 2028
24%

Profits generated in 2028 carry an 80% credit.

From 2029
23%

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

Public procurement, training credits and municipal debt.

  1. Public procurement: faster State payment

    In State purchases the exceptional payment term falls from 60 to 45 days and formal acceptance must occur within 8 calendar days. The general rule requiring payment within 30 days between private parties, which the bill carried, was dropped from the final text by the approved veto (see below), so Law 21.131 continues to govern there.

  2. 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.

  3. 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

Four matters demand caution before planning around them.

  • Universal childcare was removed from the text: the approved law contains no such obligation or benefit.
  • Three operating rules were removed from the final text by the suppressive vetoes Congress approved on 12 August 2026: the ban on compound interest (anatocismo), the financial right to be forgotten (erasure of old debt data), and the ban on agreeing payment terms beyond 30 days. None of the three will take effect with this law.
  • The tax invariability regime for investments of USD 50 million or more survived the Constitutional Court in its core, but the ruling of 13 August 2026 struck some of its extensions, among them the Finance Ministry's power to expand deadlines and the reach to related projects. Our guide to the new tax stability agreements examines the full regime for investors.
  • The compensation for judicially annulled environmental permits (RCA) was declared unconstitutional and is out of the law. The broader reform of permits and environmental assessment 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 August 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) and the gradual corporate tax cut from 27% to 23%. Congress approved the Executive's suppressive vetoes, which removed three operating rules from the final text: the anatocism ban, the financial right to be forgotten and the ban on payment agreements beyond 30 days.

Is the Reconstruction Law in force?

Not yet, but the path is clear. Congress closed its processing on 12 August 2026 and the Constitutional Court has resolved both fronts: on 13 August it accepted the opposition challenges only in part (upholding the core of the tax invariability regime and striking the compensation for judicially annulled environmental permits), and on 25 August it rejected, nine votes to one, the Executive's challenge to Article 31 on free reconnection of basic services. What remains is the drafting of the rulings, the mandatory preventive review of organic provisions, enactment and publication in the Official Gazette, expected in September.

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 the reduced SENCE training credit and the municipal debt relief, and smaller companies also qualify for the Treasury relief program for national taxes. On supplier payments, the veto approved by Congress on 12 August removed the ban on agreeing terms beyond 30 days, so the current Law 21.131 regime continues to apply.

What about tax invariability for large investments?

It survived the Constitutional Court in its essentials. On 13 August 2026 the Court upheld the core of the regime: the contract with the State freezing the tax burden of investments of USD 50 million or more, for 10, 15 or 20 years depending on the amount. It struck some extensions of the text, among them the Finance Ministry's power to expand deadlines in qualified circumstances and the reach to related projects. The definitive perimeter will be confirmed by the written ruling and the text published in the Official Gazette, so it is worth waiting for that version before structuring an investment around the regime.

What happened to Article 31 on free reconnection of basic services?

It stands. The Executive challenged it before the Constitutional Court on 11 August 2026 and the Court rejected the challenge on 25 August, nine votes to one. The provision requires utility companies to reconnect residential users and small businesses free of charge after an emergency or catastrophe, even if they had been cut off for non-payment: electricity and gas within 48 hours, water and sewage within 24.

Official sources

Informational content, updated as of August 2026. It does not constitute legal advice for a specific case.

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