It’s one of the most common situations: a company has already started its R&D project and only then discovers the R&D Law. Is it too late? Not necessarily. That’s what the notice of intent (manifestación de intención) is for.
What it is
It’s a notice the company sends Corfo to declare that it wants to claim the R&D Law benefit for a project or contract it has already started, without needing to have it fully designed yet.
Once the project is certified, it lets the benefit apply retroactively to expenses from the first reported payment.
The key deadline: 30 days
The notice must be submitted within 30 calendar days of the first payment charged to the project or contract. It’s the strictest deadline in the whole process. If you miss it, you lose the chance to claim earlier expenses retroactively.
What you submit
According to the requirements Corfo publishes, the notice is submitted online with:
- Company details and, where relevant, the centre’s and contract’s details. The total amount is only indicative.
- A tax document proving the first payment: an invoice, a fee receipt or, for salaries, the social security contributions certificate, payroll ledger and proof of payment of the single tax on wages.
- Proof of actual payment of that document: transfer, deposit or bank statement. The payment must have been made no more than 30 days before submitting the notice.
- A simple sworn statement signed by the legal representative, using Corfo’s standard formats.
No fee is paid at this stage; it’s paid when the formal application is submitted.
What happens next
| When | What happens |
|---|---|
| You send the notice | From that date you can deduct the 65% as an expense |
| Up to 18 months later | You must design the project and submit the formal certification application |
| Corfo certifies | The 35% credit applies retroactively from the first payment |
| Tax return | You may need to amend prior years’ returns |
We explain that last step in Amending tax returns: the R&D Law’s retroactivity.
From day one: project accounting
By sending the notice, the company commits to running a financial and accounting system that accurately and clearly reflects project spending. It’s best to open a dedicated cost centre from day one. See Full accounting and actual income.
Advantages and risks
Advantages: you don’t have to pause the project waiting for certification, and you secure the benefit on spending from the start.
Risks: if the project isn’t certified or is only partly certified, the credit only applies to what was certified. And if you don’t submit the formal application within 18 months, you lose the benefit. Design the project in good time, with R&D criteria from the start.
This article is for information only and is not tax advice. Sources: Law 20,241, Certification Regulation (Supreme Decree 102/2012, arts. 35 and 36), Corfo’s Notice of Intent Requirements and SII Circular No. 19.