Chile sets the VAT refund procedure for new-home sales under Law 21.850 from 1 December 2026 (SII Resolution 146 of 2026)

What changed in detail

Chile’s Servicio de Impuestos Internos (SII) issued Resolución Exenta SII N° 146 on 23 October 2026. It sets the special procedure for sellers to claim the VAT refund provided by the fourth transitional article of Law No. 21.850, the law that also lets sellers opt for a VAT exemption on first sales of new dwellings for one year from 1 December 2026.

The refund covers sales of new homes made by public deed between the date the presidential message introducing the bill was submitted and the first business day of the second month after the law’s publication, which is 1 December 2026. The procedure works as follows:

• the buyer first files a sworn declaration online (Form F3299) confirming that the seller returned the VAT to them;
• the seller then files Form F3298, one claim per sale, showing the property’s roll number and commune, the invoice and the amount claimed;
• claims must be filed within 3 years from 1 December 2026; and
• the SII aims to decide within 5 business days of filing and, where it approves, refunds in cash the amount the seller returned to the buyer.

Sellers do not need to reissue invoices or amend their monthly Form 29 returns. They must keep the deed, the final-works certificate and proof of the amount returned to the buyer. The resolution takes effect on 1 December 2026.

What it means

The refund is the backward-looking half of Law 21.850: it puts sales that already bore VAT on the same footing as the exempt sales the law allows from 1 December 2026. The order matters, because the seller cannot claim until the buyer has filed the F3299 declaration, so developers should agree the VAT repayment and the buyer’s filing with each purchaser before preparing claims.