By Establishing Rules Aimed At Strengthening The Fight Against Tax Evasion And Smuggling Are Issued, And Other Provisions

Original Language Title: Por la cual se expiden normas tendientes a fortalecer la lucha contra la evasión y el contrabando, y se dictan otras disposiciones

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ACT 383 OF 1997
(July 10)
Official Gazette No. 43,083, of July 14, 1997
By establishing rules aimed at strengthening the fight against tax evasion and smuggling are issued, and dictate other provisions. Summary

Term Notes

THE CONGRESS OF COLOMBIA DECREES:
ARTICLE 1o. The Tax hereby added the following article:..
"Article 684-3 tax card The National Government may establish the tax card as a technical system for the control of evasion, and determine its controls, conditions and characteristics, as well as the sectors of persons or entities, taxpayers, or forced to adopt responsible. Its adoption will not lead to the application of the penalty provided in the second paragraph of Article 684-2 of this Statute. the acquisition cost of the tax card, will be bankable tax on income of taxable period to start operating.
Under the conditions mentioned in the previous paragraph, will also be discountable the cost of the computer program and the adaptations necessary for the implementation of the tax card, up to an amount equivalent to fifty (50%) of the value of the cards installed during the respective year.
PARAGRAFO. the sectors of taxpayers to be taken by the tax card provided for in this Article shall preferentially correspond to the prone sectors evasion, according to the recommendations of the Joint Committee on Tax and Customs Administration. "
Article 2.
. The Tax hereby added the following article:
"Article 779-1 Powers of Registration The National Tax and Customs it may by reasoned decision, the registration office, commercial, industrial or service establishments and other premises.. the taxpayer or responsible, or third party custodians of their accounting documents or files, provided they do not match his house, in the case of natural persons.


in Jurisprudence Effective development of the faculties set out in the preceding paragraph, the Tax and Customs may take the necessary measures to prevent evidence from being altered, concealed or destroyed, through immobilisation and assurance.


for Effective Decisions such effects, law enforcement should work if required by the enforcement officers, in order to ensure the implementation of the respective proceedings. Not attending the previous request by the member of the police force who is requested, it shall be grounds for misconduct.
PARAGRAFO 1o. The power to order the registration and assurance referred to in this article, corresponds to the Tax Administrator and Deputy National Customs and Control of the Tax and Customs. This competition is delegated.
PARAGRAFO 2o. The decision ordering registration referred to in this article will be notified at the time practiced diligently to whoever is in place, and against it is no recourse. "


Effective Decisions Article 3. the Tax Code is hereby added the following article.
"Article 771-2. Origin of costs, deductions and deductible taxes. For the origin of costs and deductions on income tax, as well as deductible taxes on sales tax, will require bills to compliance with the requirements set out in subparagraphs b), c), d), e), f) and g) of articles 617 and 618 of the Tax Code. Effective Jurisprudence



Case of equivalent documents shall meet the requirements contained in paragraphs b), d), e) and g) of Article 617 of the Tax Code. Effective Jurisprudence



When there is no obligation to issue an invoice or equivalent document, the document proving the respective transaction that gives rise to costs, deductions or deductible taxes, shall meet the minimum requirements set by the National Government. Effective Jurisprudence



PARAGRAFO. With regard to compliance with the requirement in paragraph d) of Article 617 of the Tax Code for the origin of costs, deductions and deductible taxes, it is sufficient that the invoice or equivalent document containing the corresponding numbering "
Court Term. | ARTICLE 4. ||
hereby added the Tax Code the following article.:

"Article 771-3. Complete control. The value of goods brought into the country without payment of the corresponding customs duties, may not be treated as cost or deduction in income tax by the offender, for whom in any way involved in the offense or who knowing this fact make purchases of these goods ".

The 5th ARTICLE. The Tax hereby added the following article:
"Article 771-4 Control in issuing the import license registration or The Colombian Institute of Foreign Trade, Incomex, verify all the information supplied by the user in the application.. registration or import license. When there is a difference between the declared price and the officers or the reference price, as the case may delay the processing of the application until the importer proves the veracity of the information contained in the application for registration or import license.
in all cases, inform the customs authority to initiate investigations that might arise.
PARAGRAFO. the control carried out by the Incomex shall be without prejudice to the powers of control of the Tax and Customs Born-tional ".
ARTICLE 6.
. FOREIGN EXCHANGE CONTROL IN THE INTRODUCTION OF MERCHANDISE. Is presumed violation of the exchange rate regime when goods are entering the country via an unauthorized location, or without declaring it to customs authorities. In these events the term of limitation for punitive action will be counted from the notification of the administrative act of confiscation.
The exchange penalty will be applied on the amount that corresponds to the valuation of goods, established by DIAN in the process of defining the legal situation.
Another violation is presumed to exist when the exchange rate regime declared value of the goods is less than the value of the same customs. In these events, the term of limitation for punitive action will be counted from the notification of the administrative act of official liquidation value review.
The exchange penalty will be applied on the amount of the difference between the declared value and customs value of the goods established by DIAN in the official liquidation value review. Effective Notes

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Article 7. Effective Jurisprudence

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ARTICLE 8.
. CORRECTION OF TAX RETURNS. The term referred to in Article 589 of the Tax Code, for taxpayers, responsible and withholding agents correct tax returns is one (1) year from the date of expiry of the deadline to declare and conditions required in the same article. Effective Jurisprudence


Article 9. The Tax hereby added the following article:..
"Article 88-1 Lack of costs and expenses for advertising campaigns foreign products costs and expenses on advertising, promotion and advertising of products will not be accepted as a deduction imported correspond to massive smuggling qualified by the national government lines when such expenses exceed fifteen percent (15%) of the sales of the respective products legally imported in the corresponding fiscal year. Previous
authorization of the Director of Tax and National customs may be accepted in cases of imported products corresponding to qualified massive smuggling by the national government lines, as a deduction in advertising, up to twenty percent (20%) of projected sales of legally imported products. the application must be submitted in the first three months of the fiscal year and the Director of National Taxes and Customs, will have a month to decide; not to rule in the previous term, it is understood that the decision is negative.
About goods brought into the country without payment of the corresponding customs duties, will not be accepted from advertising expense. The taxpayer in the income statement as requested deduction for advertising a sum greater than those mentioned in this article, you will reject all the costs and expenses incurred in advertising, subject to the penalty for inaccuracy.
When advertising costs of imported products that apply to qualified massive smuggling by the national government lines, are recruited from abroad by persons who are not resident or domiciled in the country, advertising agencies are neglected on costs and expenses associated with these campaigns.

PARAGRAFO 1o. In the case of advertising campaigns aimed initial positioning of foreign products in the country, corresponding to qualified rows of massive smuggling by the Government, that fact may be demonstrated with appropriate marketing studies and projected income, case which will proceed costs and expenses. "
PARAGRAFO 2o. the rating of imported products that apply to qualified massive smuggling by the national government lines, entries must be in all cases, prior opinion of the joint committee of Tax administration and Customs .

Article 10. It is hereby added paragraph a) of Article 623 of the Tax Code with the following final expression:
"Number of the account or accounts" Effective


Jurisprudence. Article 11. the Tax Code is hereby added the following article:
"Article 623-2. REPORTING other credit institutions. The credit union, cooperative bodies of higher grade auxiliary cooperative institutions, the multi active and integrated cooperatives and employee funds must submit the information set out in Article 623 of this Statute.
They must also inform the surnames and names or business name and Nit of each of the persons or entities to which they have effected loans whose annual aggregate value exceeds two hundred million pesos ($ 200,000,000), ( value tax base year 1997), indicating the concept of the operation and the accumulated amount concept.
PARAGRAFO. . The information required in the second paragraph of this article, also must submit all entities supervised by the Banking Superintendency "


Jurisprudence Article 12. Effective the Tax hereby added the following article:
"Article 623-3. The entities listed in paragraph a) of Article 623 and Article 623-2 of the Tax Code, shall report annually the name and social and Nit reason, and the number of current accounts and savings that have been opened, settled and / or canceled in the respective year "


Jurisprudence Article 13. Effective the Tax hereby added the following article.
" Article 629-1. INFORMATION OF HUMANS OR BILLS producing agencies or equivalent documents. Companies that develop sales invoices or equivalent documents shall report annually, within the time limits specified by the National Government, the surnames and names or business name and Nit, indicating the range of numbers drawn from each of its customers, corresponding to the work done in the previous year.
If the obligor has gross assets in the previous year, more than one hundred million pesos, the information referred to in this Article shall be submitted on magnetic media. "Effective

|| Jurisprudence | Article 14. Article 631 is hereby added Tax Code with the following literal and a paragraph:
l) the overall value of sales or services for each of the commercial establishments including the number and type of machine register and / or numbering ranges billing selling used during the year, city and address of the establishment;
m) When the value of the sales invoice for each of the beneficiaries of payments or credits, which constitute cost, deduction or grant the right to tax-deductible, including the purchase of fixed or mobile assets, exceeds five million pesos ($ 5,000,000) (taxable base value 1997) must report the number of the sales invoice, indicating of surnames and names, or social and Nit third reason.
PARAGRAFO 3o. The information in this article refers to, as established in Articles 624, 625, 628 and 629 of the Tax Code, shall be submitted on magnetic media or any other electronic means for the transmission of data, the content and technical characteristics They will be defined by the Directorate of National Taxes and Customs, at least two months before the last day of the taxable year for which the information is requested. Effective Jurisprudence


ARTICLE 15. SMUGGLING. Effective Notes

Editor's Notes

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SMUGGLING ARTICLE 16. Favouring. Effective Notes

Editor's Notes

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Defrauding ARTICLE 17. CUSTOMS REVENUES. Effective Notes

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Previous legislation ARTICLE 18.
favoring by public servant. Effective Notes


Editor's Notes

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EFFICIENT ARTICLE 19. CO-OPERATION. The Tax and Customs recognize in favor of territorial entities that provide effective cooperation in the apprehension of contraband goods, sixty percent (60%) of the total of the corresponding actual sale deducting the costs associated with handling merchandise, storage and other incurred for sale.

PARAGRAFO. The recognition provided for in this Article shall only be applied once the administrative procedure is exhausted selling the goods. Effective Jurisprudence

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ARTICLE 20.
definition of the legal status of goods. Any determination regarding the apprehension, nature, customs value, confiscation and disposal of goods shall be the responsibility of the Tax and National, Customs or entity that replaces it. Effective Jurisprudence


Article 21. The proceeds from the sale or auction of abandoned or confiscated goods by the customs authority, will be invested in programs to combat evasion and smuggling. For these purposes, the national budget will add annually to the budget of the Tax and National, Customs or entity acting in its place, a game equivalent to the value of sales or auctions of goods traded in the previous year. Effective Jurisprudence

ARTICLE 22.
hereby added the Tax Code the following article:
"Article 665. Criminal liability for failing to record the withholding and VAT Agent Retainer not consign the sums retained within two (. after that 2) months in the respective withholding was made, I is subject to the same penalties under criminal law for public servants who commit the crime of embezzlement by appropriation.
the same penalty incurred responsible for sales tax, taking the legal obligation to do so, not consign the amounts collected by this concept, within the month following the end of the relevant quarter.
case of companies or other entities, are subject to these same sanctions the natural persons responsible in each entity of compliance with those obligations. to this end, companies must inform the administration of which is taxpayer prior to the exercise of their functions, the identity of the person who has sufficient autonomy to make such custom and record its acceptance. Otherwise the penalties provided in this Article, will be borne by the legal representative.
PARAGRAFO 1o. The withholding agent or responsible for the sales tax that extinguishes the tax liability for payment or compensation of sums due, shall beneficiary of the cessation of proceedings in the criminal proceedings had been initiated for that reason.
PARAGRAFO 2o. The provisions of this Article shall not apply to the case of companies that are in process concordat, or administrative compulsory liquidation, in relation to the sales tax and withholding caused. "
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force ARTICLE 23. tAX bENEFITS CONCURRENT. authoritatively interpreted from the effective date of this law, that the same economic fact can not generate more than a tax benefit for the . Jurisprudence same taxpayer


Effective using multiple benefits, based on the same economic fact, brings to the taxpayer loss greater benefit, subject to penalties for inaccuracy that may apply. | || for the purposes of this article, it is considered that tax benefits are only competing the following:
a) the deductions authorized by law, with no direct causal link with income;
B) Tax discounts.
PARAGRAFO 1o. For the same purposes, the investment is considered a different economic fact of profit or income generating.
PARAGRAFO 2o. The provisions of this Article shall not apply to income from labor and legal or regulatory relationship "Article 24.

hereby added the Tax Code the following article.:

"Article 19-1. Withholding tax on financial contributors by the Special Tax Regime returns. Taxpayers of the Panel that in article 19 of this Statute, taxation are subject to withholding tax according with the current regulations on income they receive financial returns during the respective tax year.
PARAGRAFO. When entities of the special arrangements arising taxed on its net profit or surplus, in the manner provided in Article 356 of the Tax Code may deduct tax charge retention that was effected them in the respective year, according to what is stated in this article.
If they are credit balances in excess withholdings, may request the return of such deductions, under the special procedure through regulations established by the National Government. "

ARTICLE 25. The third paragraph of Article 19 of the Tax Code shall read as follows:
"PARAGRAPH 3. Cooperatives entities to which paragraph four of this article, only be subject to withholding on account. financial returns, under the terms specified in the regulations, without prejudice to the obligations applicable to them as withholding agents when the national government so provides. "

Article 26. Article 23-1 hereby added Tax Code with the following paragraph:
"authoritatively interpreted that taxpayers are not considered income tax and additional para-fiscal, agricultural and fishery funds, that is Chapter V of Law 101 of 1993 ".

Article 27. paragraph 2 of Article 125-2 of the Tax Code shall read as follows:
"2) When securities are donated, they are estimated at market prices in accordance with the procedure established by the Superintendency of Securities. when other assets are donated, its value is estimated by the cost plus inflation adjustments made to date of the donation, less accumulated depreciation up to that date. "

Article 28. Amend Article 126-1 of the Tax Code as follows:
hereby added the first paragraph with the following final sentence:
"Employer contributions to pension funds, will be deductible the same fiscal year they are realized. "
The third paragraph shall read as follows:
"Voluntary contributions made by the employee or the employer, or independent participant contributions to pension funds retirement and disability pension funds that treats the Decree 2513, 1987, private pension insurance and private pension funds generally do not make part of the basis for applying the withholding tax and will be considered as a not constitute rental income or occasional earnings up to an amount added the value of mandatory worker contributions, referred to in the preceding paragraph, does not exceed 20% of your salary or your tax income for the year, according to the case. "
Hereby added to the fourth paragraph the following final sentence:
"... as long as the case of contributions from income were excluded from withholding tax."
Hereby added as fifth paragraph, the following:
"is caused retention at source on the income from savings or insurance funds listed in the preceding paragraph, in accordance with the general rules of retention in the source of financial returns, in the event that they are withdrawn by the worker, without access to pension benefit, or when they are removed before the term prescribed in the third paragraph of this article. "
Hereby added the following paragraph:
"It is the 2nd Paragraph net income for the employer, the recovery of the amounts granted in one or more years or taxable periods as a deduction from gross income for voluntary contributions to this fund. pension and yields have been obtained when there is no room to pension payments by the funds and resources are returned to the employer. "
PARAGRAFO 3o. The limitation to enjoy the benefit of dealing with the third paragraph of this article, is that in any case the contributions, income or pensions may be paid to the worker with the character of untaxed or exempt, within five (5) year tenure of contributions or insurance funds listed in the fourth paragraph of this article, except in the case of death or disability entitling pension, duly certified in accordance with the legal system of social security. "|| |

Article 29. Article 259 of the Tax Code shall read as follows:..
"Article 259. Limit In no event discounts tax discounts can exceed the value of basic income tax Determination of tax
after discounts, in no case be less than 75% of the system determined by liquid assets presumptive income before any tax deductions tax.
PARAGRAFO 1o. the limit in the second paragraph of this article, shall apply to the investments is the fifth of Law 218 of 1995, the exempted income or article. "
PARAGRAFO 2o. When tax credits are originated exclusively in certificates of tax refund, the tax assessment charge may not be less than fifty percent (50%) of tax determined by the system of presumptive income before any discount "
. | Article 30. || hereby added Article 408 of the Tax Code with the following paragraph and paragraph:
"payments or credits to account for technical services and technical assistance provided by non-resident or not domiciled in Colombia people from outside, they are subject to withholding tax at flat rate of ten percent (10%), by way of income tax and remittance. In the case of technical services and technical assistance services on national territory by non-residents or persons not domiciled in Colombia, only the income tax at the rate of thirty-five percent (35%) it will be caused.
PARAGRAFO TRANSIENT. They are not considered income of national source, or form part of the basis for determining sales tax, payments or credits to account for technical services and technical assistance provided by non-resident or not domiciled in Colombia people from outside, necessary for the execution of public and private physical infrastructure projects, that are part of the National Development Plan, and whose initiation of work is before December 31, 1997, according certification regarding compliance with these requirements issued by the National Planning Department "Article 31.

hereby added section 369 of the Tax Code with the following paragraph:
". paragraph. Transactions conducted through the Energy Exchange in any case are subject to withholding tax "

Article 32. The second paragraph of Article 615-1 of the Tax Code shall read as follows:
". The entities designated as withholding agents sales tax, in paragraph 1 of Article 437-2 shall discriminate the value of sales tax retained in the document ordering the payment recognition. This document replaces the certificate of withholding sales tax "

hereby added Article 33. Article 420 of the Tax Code with the following paragraphs:
". PARAGRAFO 3o. For the provision of services in the national territory siguients rules apply:
Services are deemed to be the headquarters of the service, except in the following events:
1. Real estate-related services are deemed rendered at the place of its location.
2. The following services are deemed to be supplied in the place where they are physically carried:
a) cultural, artistic, and those relating to the organization of the same;
B) loading and unloading, trans-shipment and storage.
3. The following services are deemed to be the seat of the recipient or beneficiary:
a) Services of leasing or licensing and exploitation and intangible assets that have domestic production, including the rights of intellectual property, as determined by the regulations; as well as the services provided by foreign artists of all kinds.
B) Professional consulting services, consulting and auditing;
C) Leasing of movable tangible property, with the exception of those for ships, aircraft and other movables intended for international transport service for companies engaged in that activity;
D) translation services, text correction or composition;
E) Services of insurance, reinsurance and coinsurance, except those expressly excluded;
F) performed on movable tangible property, except those directly related to the provision of international transport.
The provisions of the third paragraph of this article is without prejudice to the provisions of paragraph e) of Article 481 of the Tax Code. "

PARAGRAFO 4o. The provisions of this Article shall not apply to the repair and maintenance of vessels and aircraft provided abroad.
Article 34.
hereby added the Tax Code the following article:..
"Article 482-1 Limitation exemptions and exclusions import of goods No VAT exemption or exclusion may apply to imports of goods where have national production and are taxed with sales tax.
When in any case certification of the absence of domestic production is required, so that the sales tax on imports is not cause, such certification shall be issued by the Incomex.
PARAGRAFO. the limitation provided in the first paragraph of this Article shall not apply to certain companies in Decree 1264 of 1994, or imports under the Customs Cooperation Agreement Colombo Peruano (CCACP ) enter the department of Amazonas, in accordance with Article 27 of Law 191 of 1995, and imports of dealing paragraphs b) and d) of Article 428 of the Tax Code. "

Article 35. Paragraph 1o. Article 519 of the Tax Code shall read as follows: "The tax national stamp, will cause the rate of one percent (1%) on public instruments and private documents, including securities, which are granted or accepted in the country , or to be concluded outside the country but running on the national territory or create obligations therein, which bears the constitution, existence, modification or termination of obligations, like its extension or transfer, the amount exceeds ten million pesos ($ 10 million), (value 1992 base year), in which subscriber intervene as grantor, acceptor or a public entity, a legal or assimilated person or a natural person who is a merchant which in the previous year hath a gross income or more than one hundred sixty thousand eight hundred and eight million pesos ($ 168.8 million), (1992 base year value) gross estate. "
For contracts concluded by builders for housing programs, the rate increase in this Article shall apply only from the first (1st) July 1998

ARTICLE 36. The fourth paragraph of Article 519 of the Tax Code shall read as follows: "When such documents are of undetermined amount, the tax will on each payment or credit account or document under the contract during the duration of existing .
this shall apply to the contracts signed, modify or prorroguen from this law. "

Article 37. The exemption provided for in Article 6. Law 218 of 1995, no agricultural or fishing shelters raw materials, and industrial raw materials produced in the Andean subregion. It also applies to equipment or appliances that are not intended directly to production, such as vehicles, furniture and other items intended for administration of the company and the marketing of products.
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Article 38. Amend the first paragraph of Article 3. Decree 1264 of 1994, which shall read as follows:.
"PARAGRAPH 1. To qualify for the exemption may not pass a longer period of three (3) years from the date of establishment of the company and the time begins production phase ".

Article 39. Amend the article 5 of Law 218 of 1995, which will read:
"domiciled companies in the country to perform during the next five years to 1994, capital investments in equity cash companies identified in the 2nd Article of Decree 1264 of 1994, may opt for the taxable period in which he made the investment, by one of the following tax benefits.
a) Deduct tax income and complementary to office, forty percent (40%) of the value of such investments in certain companies in the 2nd Article of Decree 1264 of 1994;.
b) Deduct income hundred fifteen percent (115 %) of the value of such investments in certain companies in the 2nd article. of Decree 1264 of 1994.
PARAGRAFO. the benefits provided herein are exclusive. the concurrent or complementary application for benefits based on the same fact , causes the loss of the two benefits requested, subject to penalties for inaccuracy that may apply. "


ARTICLE 40. The companies identified in article 2. Decree 1264 of 1994, receiving investment should allocate all the resources corresponding to the investment received, to the acquisition of plant, equipment, inventories of raw materials and other assets that relate directly to the development of the social object Capital , within twelve (12) days following the date on which investors have made capital investment months.
When the technical and operational conditions of the company receiving the investment requiring the use of a higher than expected in the previous paragraph end, the Tax Administration and corresponding National Customs may extend through motivated act, taking into account the specific circumstances demonstrated by the company. In any case, such extension may exceed the unproductive period specified by the regulations.
In the event that the company receiving the investment does not allocate all of the investment received in the manner and time provided in this Article, or the investor does not preserve the capital investment you make in the heritage of certain companies in the 2nd article. Decree 1264 of 1994, at least five years, the investor must repay in the declaration of rent for the taxable year in which the failure of the destination of the investment occurs, the value of tax benefits under the law 218 of 1995 which corresponds to the non-inverted, plus default interest for each month or fraction of a calendar month, calculated on the value from the date the deadline to declare, correspondiene the taxable year in which use was made of benefit, increased latter fifty percent (50%).
PARAGRAFO. For the purposes specified in this article, the reinstatement of the benefits will be its use as net income from recovery of deductions, when it has been treated as a deduction and as a higher value of the balance due or lesser value of the credit balance, when it has been treated as a tax discount.

ARTICLE 41. When the Administration of Tax and Customs determines that the companies mentioned in article 2. Decree 1264 of 1994, receiving investment, have not allocated all of the investment received, in the manner and time prescribed in the preceding article, the term revision of the tax return filed by the investor for the taxable year which made use of the tax benefit in respect of investment, shall be three (3) years.

ARTICLE 42. For the purposes of Law 218 of 1995, be understood to mean that the area affected by the natural phenomenon zone is comprised within the territorial jurisdiction of the following municipalities in the departments of Cauca and Huila:
In Cauca: Caldono, Inza, Jambaló, Toribio, Caloto, Totoró, Silvia, Paez, Santander de Quilichao, Popayan, Miranda, Morales Padilla, Puracé, El Tambo, Timbío, Suarez, Cajibío, Piendamó, Sotará, Buenos Aires, La Sierra Puerto Tejada, Corinto and Patia.
In Huila: La Plata, Paicol, Yaguará, Nátaga, Iquira, Thessaly, Neiva, Aipe, Campoalegre, Giant, Hobo, Rivera, Villavieja, Acevedo, La Argentina, Palermo, Pitalito, Tello, Teruel, St. Augustine, Algeciras and Garzon.

TITLES ARTICLE 43. TAX DISCOUNT. Créanse titles Tax Discount (TDT) of the nation, not negotiable, whose sole beneficiary is the nation, destined to pay the taxes administered by the Tax and Customs, except for income tax and complementary, which cause in investment projects financed by the national budget, in proportion to these resources to finance the project and under the conditions established by the National Government, and under the respective budget item.
The issuance and delivery of the TDT will make the National Treasury of the Ministry of Finance and Public Credit, based on the information you supply the body or executing and charged to the respective investment projects entity.
The Directorate of National Taxes and Customs, DIAN, adopt such procedures as it deems necessary to authorize and control the payment of national taxes with the Securities Discount Tax, TDT.

ARTICLE 44. For purposes of the benefits under Articles 14, 15 and 16 of Law 10 of 1991, income from the exercise of professions and services inherent therein are excluded. Effective Jurisprudence


ARTICLE 45. PAYMENT OF INTEREST valorización. Article 11 of Decree 1604 of 1966 shall read as follows:

"The national contributions of valuation that are not canceled in cash, financing bear interest equivalent to the DTF rate plus six (6) percentage points. For this purpose, the Minister of Transport indicate in general resolution before end of each month, the interest rate that will apply for the immediately following month, based on the most recent annual effective rate DTF certified by the Bank of the Republic.
the default in payment of any installment of the valorización will result in default interest, to be settled for each month or part month of delay in payment, at the same rate specified in Article 635 of the tax Code for late payment of taxes administered by the DIAN.
departments, districts and municipalities are authorized to establish equal interest rates for late payment of contributions recovery distributed by them. " Effective Jurisprudence


GLOBAL TAX Article 46. A REGULAR GASOLINE. . Effective Notes

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ARTICLE 47. COMPENSATION
tax debts. When the Nation through any of the entities that form, acquire companies, prior to payment, request to the Tax and Customs verification of outstanding debts by way of national taxes, and if obligation to be payable to the National Treasury, it may offset these obligations until concurrence of the value of the acquired company, without any operation necessary budget is.
Article 48.
tourism development certificates were being processed for shipment under the terms of Article 4. Decree 2272 of 1974 and may have received approval from the National Tourism Corporation and shall have been submitted for approval for consideration by the National Council for Economic and Social Policy, Conpes before 22 December 1995, shall be granted to investors beneficiaries thereof, in the terms established by the regulations.
Article 49.
hereby added the Tax Code the following article:..
"Article 579-2 Electronic submission of declarations Without prejudice to Article 579, the Government may authorize the submission of declarations and tax through electronic means, under the conditions and with the guarantees established by the regulations payments. Where such means are adopted, compliance with the obligation to declare not to be valid for the signature of the document ".

Article 50. The second paragraph of Article 851 of the Tax Code shall read as follows:
"The Directorate of National Taxes and Customs may establish systems return of balances in favor of taxpayers, operating on its own initiative after the presentation of the respective tax returns. "
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