Legal source: Ley N° 20.848, Arts. 5-7
Foreign investors have the right to repatriate the capital transferred and net profits from their investment, once applicable taxes are paid, with guaranteed access to the formal exchange market and no discrimination versus domestic investors — rights established under Articles 5 through 7 of Law 20.848.
Law 20.848 establishes basic, non-discretionary rights for any foreign investor transferring capital into Chile under the general regime.
What right do investors have to repatriate capital and profits?
Foreign investors have the right to remit abroad the capital transferred and the net profits generated by their investment, once the applicable tax obligations have been met. This right operates without requiring case-by-case prior authorization.
What access does the law provide to the formal exchange market?
The law guarantees access to the formal foreign exchange market for international currency operations tied to the investment, providing predictability on the exchange rate and channel to use with the Central Bank.
Is there protection against discrimination?
The general regime does not allow arbitrary discrimination between domestic and foreign investors in matters governed by the law.
What doesn’t the law guarantee?
These rights do not exempt investors from tax compliance. Repatriating profits is subject to prior payment of the Additional Tax and other applicable fiscal obligations — a point where many new investors mistakenly assume “the right to repatriate” means “without withholding.”
Frequently Asked Questions
No, the right to repatriate applies once the corresponding tax obligations are met.
No, the right operates without case-by-case authorization, through the formal exchange market.
Yes, the general regime prohibits arbitrary discrimination in matters it governs.
How Izquierdo Deramond Consultores Can Help
At IDC we guide foreign investors through the entire process of entering Chile — legal, tax, accounting, and operational structure — as a single local team. If you’re evaluating an investment in Chile, let’s talk or reach us on WhatsApp.
Legal notice: This article is provided for general informational purposes only. It does not constitute legal, tax, accounting, or other professional advice, and should not be relied upon as a substitute for professional advice tailored to your specific situation. Cited rules may change; always verify the current version. To discuss your case, please contact Izquierdo Deramond Consultores.
