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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

ACT

(July 10)

Official Journal No. 43.083 of 14 July 1997

For which rules are being issued to strengthen the fight against evasion and smuggling, and other provisions are dictated.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. Add the Tax Statute with 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 it. Their non-adoption shall result in the application of the sanction set out in the second paragraph of Article 684-2 of this Statute. The cost of acquiring the tax card, will be non-accounting of the income tax of the taxable period in which it starts to operate.

Under the conditions set out in the preceding paragraph, the cost of the computer program and the adjustments required for the implementation of the tax card, up to a sum equal to fifty (50%) of the value of the the cards installed during the respective year.

PARAGRAFO. The taxpayer sectors to adopt the tax card set out in this article should correspond in preference to those sectors that are prone to tax evasion, according to the recommendations of the Joint Committee on Tax and Customs Management. "

Ir al inicio

ARTICLE 2o. Add the Tax Statute with the following article:

" Item 779-1. Powers of Registry. The Directorate of National Taxation and Customs may order, by means of a reasoned decision, the registration of offices, commercial, industrial or service establishments and other premises of the taxpayer or liability, or of third-party depositaries. your accounting documents or your records, provided it does not match your room house, in the case of natural persons.

Effective Case-law

In developing the powers set out in the previous paragraph, the National Customs and Tax Directorate may take the necessary measures to prevent the evidence obtained from being altered, hidden or destroyed, by means of its immobilization and insurance.

Effective Case-law

For such purposes, the public force must collaborate, upon request of the tax officials, in order to guarantee the execution of the respective actions. The non-attention of the former requirement by the member of the public force to whom it has been requested will be a cause of misconduct.

PARAGRAFO 1o. The jurisdiction to order the registration and assurance of this article corresponds to the National Tax and Customs Administrator and the Deputy Director of Taxation of the Directorate of Taxes and National Customs. This competition is inselectable.

PARAGRAFO 2o. The providence that orders the record of this article will be notified at the time the due diligence is practiced, and against the same is not a resource ".

Effective Case-law
Ir al inicio

ARTICLE 3o. Add the Tax Statute with the following article:

" Article 771-2. Source of costs, deductions and discountable taxes. For the provenance of costs and deductions in income tax, as well as the deaccounting taxes on sales tax, it will be required of invoices with the fulfilment of the requirements set out in the literals (b), (c), (d), (e), (f) and (g) of Articles 617 and 618 of the Tax Statute.

Effective Case-law

The requirements contained in literals (b), (d), (e) and (g) of Article 617 of the Tax Statute must be met.

Effective Case-law

When there is no obligation to issue an invoice or equivalent document, the document that proves the respective transaction that gives rise to costs, deductions or discountable taxes, must meet the minimum requirements that the National Government set.

Effective Case-law

PARAGRAFO. Regarding compliance with the requirement set forth in literal d) of article 617 of the Tax Statute for the provenance of costs, deductions, and Non-accounting taxes, it is sufficient that the invoice or equivalent document contains the corresponding numbering. '

Effective Case-law
Ir al inicio

ARTICLE 4. Add the Tax Statute with the following article:

" Article 771-3. Comprehensive control. The value of the goods entered into the national territory without the payment of the corresponding customs taxes, may not be treated as cost or deduction in income tax for the infringer, for whom in any way participate in the breach or by those who knowingly make purchases of these goods. "

Ir al inicio

ARTICLE 5o. Add the Tax Statute with the following article:

" Article 771-4. Control on the issue of the import registration or licence. The Colombian Institute of Foreign Trade, Incomex, will verify all the information provided by the user in the application for registration or import license. Where there is a difference between the declared price and the official or reference prices, as the case may be, the processing of the application may be deferred until the importer demonstrates the accuracy of the information entered in the application for import registration or license.

In all cases, it will inform the customs authority to initiate investigations into the case.

PARAGRAFO. The control performed by the Incomex will be carried out without prejudice to the taxation powers of the National Tax and Customs Directorate. "

Ir al inicio

ARTICLE 6o. CURRENCY CONTROL IN THE INTRODUCTION OF GOODS. 72 of Law 488 of 1998. The new text is as follows: > It is presumed that there is a violation of the exchange rate regime when goods are introduced into the national territory by not authorized, or without declaring it to the customs authorities. In these events the term of limitation of the sanction action will be counted from the notification of the administrative act of confiscation.

The currency penalty will be applied to the amount corresponding to the commodity, established by the DIAN in the process of defining the legal situation.

It is also presumed that there is a violation of the exchange rate regime when the declared value of the goods is less than the value of the goods in customs. In these events, the term of limitation of the sanctioning action shall be counted from the notification of the administrative act of official settlement of value review.

The currency penalty will be applied to the amount of the difference between the declared value and the customs value of the goods established by the DIAN in the official settlement of value review.

Vigency Notes
Effective Case-law
Previous Legislation
Ir al inicio

ARTICLE 7o.

Effective Case-law
Previous Legislation
Ir al inicio

ARTICLE 8o. CORRECTION OF TAX RETURNS. The term set out in Article 589 of the Tax Statute, so that taxpayers, officials and holding agents correct the tax returns. tax returns, is one (1) year, counted from the due date of the deadline to declare, and under the conditions required in the same article.

Effective Case-law
Ir al inicio

ARTICLE 9o. Add the Tax Statute with the following article:

" Article 88-1. Ignorance of costs and expenses for advertising campaigns of foreign products. The costs and costs in advertising, promotion and propaganda of imported products that correspond to those classified as massive contraband by the National Government will not be accepted as a deduction, when these expenses exceed 15 percent. (15%) of the sales of the respective products legally imported, in the relevant taxable year.

Prior authorization from the Director of National Taxation and Customs may be accepted, in the case of imported products that correspond to those classified as massive contraband by the National Government, as a deduction in advertising, up to a 20% (20%) of the sales projection of legally imported products. The application must be submitted in the first three months of the taxable year and the Director of National Taxation and Customs shall have one month in which to decide; if not in the previous term, the decision shall be deemed to be negative.

On the goods entered into the national territory without payment of the corresponding customs taxes, no expense will be accepted for advertising. To the taxpayer who in the income statement requests as a deduction for advertising a sum greater than those mentioned in this article, the total costs and expenses incurred in advertising shall be rejected, without prejudice to the penalty for inaccuracy.

When the advertising costs of imported products that correspond to those classified as massive contraband by the National Government, are contracted from abroad by persons who do not have residence or domicile in the country, Advertising agencies will be unaware of the costs and expenses associated with such campaigns.

PARAGRAFO 1o. When it comes to advertising campaigns whose objective is the initial positioning of foreign products in the country, which correspond to the government's massive smuggling of foreign products National, such a fact can be demonstrated with the corresponding marketing and revenue projection studies, in which case the costs and expenses will come. "

PARAGRAFO 2o. The qualification of imported products that correspond to the national government's massive smuggling of qualified lines, must be done in all cases, after the mixed management committee Tax and Customs.

Ir al inicio

ARTICLE 10. Add literal (a) to article 623 of the Tax Statute with the following final expression:

"Account number or accounts".

Effective Case-law
Ir al inicio

ARTICLE 11. Add the Tax Statute with the following article:

" ARTICLE 623-2. INFORMATION BY OTHER CREDIT INSTITUTIONS. Savings and credit cooperatives, higher-grade cooperative bodies, auxiliary cooperative institutions, multi-active and integral cooperatives and employee funds, should present the information set out in the report. Article 623 of this Statute.

Likewise, they must report the names and names or social reasons and Nit of each of the persons or entities to which they have been made loans whose accumulated annual value is greater than two hundred million pesos ($200,000,000), (value year 1997 basis), with an indication of the concept of the transaction and the amount accumulated by concept.

PARAGRAFO. The information required in the second paragraph of this article shall also be submitted by all entities monitored by the Banking Superintendency. "

Effective Case-law
Ir al inicio

ARTICLE 12. Add the Tax Statute with the following article:

" Article 623-3. The entities listed in Article 623 and in Article 623-2 of the Tax Statute shall report the name and reason annually. social and Nit, and the number of current accounts and savings that have been opened, settled and/or cancelled in the respective year. "

Effective Case-law
Ir al inicio

ARTICLE 13. Add the Tax Statute with the following article:

" ARTICLE 629-1. INFORMATION OF PERSONS OR ENTITIES PRODUCING INVOICES OR EQUIVALENT DOCUMENTS. Undertakings producing invoices for sale or equivalent documents shall report each year, within the time limits indicated by the national government, the names and names, or social reason and Nit, with an indication of the numbering range drawn up of each of its clients, corresponding to the works carried out in the year immediately preceding.

If the obligor has a gross equity in the year immediately above, exceeding one hundred million pesos, the information referred to in this Article shall be presented in magnetic means. "

Effective Case-law
Ir al inicio

ARTICLE 14. Add article 631 of the Tax Statute with the following literals and a paragraph:

l) The overall value of the sales or service provision by each of the commercial establishments with indication of the number and type of registration machine and/or sales billing numbering intervals used in the year, city and the address of the establishment;

m) When the value of the sales invoice of each of the beneficiaries of the payments or credits, which constitute cost, deduction or grant tax, including the purchase of fixed or movable assets, is more than five million of weights ($5,000,000), (base value year taxable 1997) the number of the sales invoice must be reported, with indication of the surnames and names, or social reason and Nit of the third.

PARAGRAFO 3o. The information referred to in this article, as well as the information set forth in articles 624, 625, 628 and 629 of the Tax Statute, must be presented in magnetic media or any other electronic means, for the transmission of data, the content of which and technical characteristics will be defined by the Taxes and National Customs, at least two months prior to the last day of the taxable year for which the information is requested.

Effective Case-law
Ir al inicio

ARTICLE 15. CONTRABAND.

Vigency Notes
Editor Notes
Effective Case-law
Previous Legislation
Ir al inicio

ARTICLE 16. SMUGGLING FAVOR.

Vigency Notes
Editor Notes
Effective Case-law
Previous Legislation
Ir al inicio

ARTICLE 17. FRAUD AGAINST CUSTOMS REVENUE. 154 of Law 488 of 1998. >

Vigency Notes
Effective Case-law
Previous Legislation
Ir al inicio

ARTICLE 18. FAVOR BY PUBLIC SERVER.

Vigency Notes
Editor Notes
Effective Case-law
Effective Case-law
Previous Legislation
Ir al inicio

ARTICLE 19. EFFECTIVE COLLABORATION. The National Tax and Customs Directorate will recognize in favor of the territorial entities that they provide effective collaboration, in the apprehension of contraband goods, sixty percent (60%) of the total of the sale The costs related to the handling of the goods, their storage and the other costs incurred in order to be sold are deducted.

PARAGRAFO. The recognition provided for in this article shall only be obtained after the administrative procedure for the sale of the goods is exhausted.

Effective Case-law
Previous Legislation
Ir al inicio

ARTICLE 20. DEFINITION OF THE LEGAL STATUS OF THE GOODS. Any determination concerning the apprehension, character, customs value, forfeiture and disposal of the goods, shall be the responsibility of the Directorate of National Taxes and Customs, or of the entity that does its times.

Effective Case-law
Ir al inicio

ARTICLE 21. The resources from the sale or sale of goods abandoned or seized by the customs authority will be invested in programs to combat evasion and smuggling. For these purposes, the national budget shall be added annually to the budget of the Directorate of National Taxation and Customs, or of the institution which does its times, an item equivalent to the value of the sales or revenue of the goods. marketed in the year immediately before.

Effective Case-law
Ir al inicio

ARTICLE 22. Add the Tax Statute with the following article:

" Article 665. Criminal liability for failing to record withholding taxes and VAT. The Agent Reholder who does not record the sums withheld within two (2) months following the one in which the respective retention was made, is subject to the same penalties provided for in the criminal law for the public servants who incur the crime of embezzlement by appropriation.

In the same sanction, the person responsible for the sales tax will incur, having the legal obligation to do so, not to record the sums collected for that concept, within the month following the end of the corresponding bimestre.

Dealing with companies or other entities, natural persons entrusted to each entity in the fulfilment of these obligations are subject to these same sanctions. To this end, undertakings must inform the administration of which they are a contributor, prior to the performance of their duties, the identity of the person who has sufficient autonomy to carry out such a task and the constancy of their acceptance. If the sanctions provided for in this Article are not to be imposed, they shall be placed on the legal representative.

PARAGRAFO 1o. The agent holding or responsible for the sales tax that extinga the tax obligation for payment or compensation of the sums due shall be the beneficiary of the termination of the procedure within the criminal proceedings which would have been initiated for that reason.

PARAGRAFO 2o. The provisions of this Article shall not apply in the case of a company which is in a concordatary process, or in an administrative or administrative settlement, in relation to the tax on sales and holds at source caused ".

Vigency Notes
Effective Case-law
Ir al inicio

ARTICLE 23. CONCURRENT TAX BENEFITS. INEXEQUABLE, underscore CONDITIONABLY exequable > Interpreter with authority from the time of this law, which the same economic fact cannot generate more than one tax benefit for the same taxpayer.

Effective Case-law

The use of multiple profits, based on the same economic fact, causes the taxpayer to lose the greatest benefit, without prejudice to the penalties for inaccuracy to be used.

For the purposes of this article, the following are considered to be concurrent tax benefits:

(a) Deductions authorized by law, which have no direct causal relationship to income;

b) Tax rebates.

PARAGRAFO 1o. For the same purposes, the investment is considered an economic fact other than the utility or income it generates.

PARAGRAFO 2o. The provisions of this Article shall not apply to income from the employment and legal or regulatory relationship. "

Ir al inicio

ARTICLE 24. Add the Tax Statute with the following article:

" Article 19-1. Withholding tax on financial returns from taxpayers of the Special Tax Regime. The taxpayers of the Special Tax Regime, which deals with Article 19 of this Statute, are subject to withholding tax in accordance with current rules on income from income. financial institutions that they receive during the respective taxable year.

PARAGRAFO. When special regime entities are taxed on their net or surplus benefit, in the form provided for in Article 356 of the Tax Statute, may be deducted from the tax in charge, the retention which has been made to them in the respective financial year, in accordance with the provisions of this Article.

When balances are due to excess in the retentions practiced, they will be able to request the return of these retentions, according to the special procedure that, by means of a regulation, establishes the national government ".

Ir al inicio

ARTICLE 25. The third paragraph of Article 19 of the Tax Statute will be as follows:

" Paragraph 3o. The cooperative entities referred to in the fourth paragraph of this Article shall only be subject to withholding tax on the basis of financial returns in accordance with the terms laid down in the Regulation, without prejudice to the obligations of the They shall be held as retaining agents, where the National Government so provides. '

Ir al inicio

ARTICLE 26. Add article 23-1 of the Tax Statute with the following paragraph:

" I interpreted with authority that the parafiscal, agricultural and fishing funds, which is dealt with by Chapter V of Law 101 of 1993, are not considered to be taxpayers of income tax.

Ir al inicio

ARTICLE 27. The number 2 in Article 125-2 of the Tax Statute will be as follows:

" 2) When securities are given securities, they shall be estimated at market prices in accordance with the procedure established by the Superintendency of Securities. Where other assets are donated, their value shall be estimated by the acquisition cost plus the inflation adjustments made up to the date of the donation, minus the accumulated depreciations up to that same date. '

Ir al inicio

ARTICLE 28. Modify article 126-1 of the Tax Statute as follows:

Add the first paragraph with the following final sentence:

"The employer's contributions to the pension funds will be deductible in the same tax term in which they are made."

The third indent will be as follows:

" The voluntary contributions made by the worker or employer, or contributions from the independent participant to the pension and invalidity pension funds, to the pension funds in question on Decree 2513 of 1987, to private insurance pension funds and private pension funds in general, will not be part of the basis for applying the withholding tax and will be considered as a non-constitutive income or occasional gain up to a sum that is added to the value of the compulsory contributions by the worker, in respect of the preceding paragraph, not exceeding 20% of his or her salary or his tax revenue of the year, as the case may be. "

Add to the fourth indent the following final sentence:

"..., as long as it is input from revenue that was excluded from the source".

Add as a fifth indent, the following text:

" Retention is caused at source on returns that generate savings on funds or insurance listed in the preceding paragraph, in accordance with the general rules of retention at the source on financial returns, at the event that they are withdrawn by the worker, without having had access to the benefit of the pension, or when they are withdrawn before the end of the third paragraph of this Article. "

Add the following paragraph:

" Paragraph 2o. It constitutes a liquid income for the employer, the recovery of the amounts granted in one or more years or taxable periods, as a deduction from the gross income for voluntary contributions from this to pension funds, as well as the income that is have obtained, where there is no place for the payment of pensions in charge of such funds and the resources are restored to the employer. '

PARAGRAFO 3o. The limitation to enjoy the benefit of the third paragraph of this article is that in no case contributions, yields or pensions can be paid to the worker with the the nature of the non-taxed or exempt, before five (5) years of staying of the contributions in the funds or insurance listed in the fourth indent of this Article, except in the case of death or incapacity for entitlement to a pension, duly certified in accordance with the legal system of social security. "

Ir al inicio

ARTICLE 29. Article 259 of the Tax Statute will be as follows:

" Article 259. Limit of the discounts. In no case can tax rebates exceed the value of the basic income tax.

The determination of the tax after discounts, in no case may be less than 75% of the tax determined by the system of presumptive income on liquid wealth, before any tax rebate.

PARAGRAFO 1o. The limit set in the second paragraph of this article, shall not be applicable to investments in the article fifth of Law 218 of 1995, or to income exempt. '

PARAGRAFO 2o. When tax rebates are originated exclusively in tax refund certificates, the tax liability determination may not be less than fifty percent (50%) of the tax determined by the presumptive income system before any discount. "

Ir al inicio

ARTICLE 30. Add article 408 of the Tax Statute with the following paragraph and paragraph:

" Payments or credits for technical services and technical assistance provided by non-resident or non-resident persons in Colombia, from the outside, are subject to withholding at the single rate of ten per year. (10%), in the form of income and remittance taxes. In the case of technical services and technical assistance provided in the national territory by non-resident or non-resident persons in Colombia, only the tax on income at the rate of thirty-five percent (35%) shall be caused.

TRANSIENT PARAGRAPH. They are not considered as national source income, nor are they part of the basis for the determination of sales tax, payments or credits for technical and assistance services. the technical assistance provided by non-resident or non-resident persons in Colombia, from the outside, necessary for the implementation of public and private infrastructure projects, which are part of the National Development Plan, and whose initiation of This is the case before 31 December 1997, according to the certification of the compliance with these requirements is issued by the National Planning Department. "

Ir al inicio

ARTICLE 31. Add article 369 of the Tax Statute with the following paragraph:

" Paragraph. Transactions made through the Energy Exchange in no case are subject to withholding tax. "

Ir al inicio

ARTICLE 32. The second paragraph of article 615-1 of the Tax Statute will be as follows:

" Entities flagged as sales tax withholding agents, in item 1 of 437-2, must discriminate the value of the sales tax held in the document ordering the recognition of the payment. This document replaces the sales tax retention certificate. "

Ir al inicio

ARTICLE 33. Add article 420 of the Tax Statute with the following paragraphs:

" PARAGRAFO 3o. For the provision of services in the national territory, the following rules shall apply:

Services shall be considered to be provided at the premises of the service provider, except for the following events:

1. Services related to immovable property shall be understood as being provided at the place of its location.

2. The following services shall be understood to be provided at the place where they are physically performed:

(a) The cultural, artistic, as well as the organization of the same;

b) The loading and unloading, transhipment and storage.

3. The following services shall be deemed to be provided at the address of the recipient or beneficiary:

(a) leasing or licensing services for the use and exploitation of incorporated or intangible assets that have national production, including intellectual or industrial property rights, as determined by the regulation; services provided by foreign artists of all kinds.

b) Professional consulting, advisory and audit services;

(c) Leases of movable tangible property, with the exception of those for ships, aircraft and other movable property for the international transport service, by undertakings engaged in such activity;

d) Translation, correction or text composition services;

e) Insurance, reinsurance and co-insurance services, except those expressly excepted;

(f) Those made in movable personal property, with the exception of those directly related to the provision of the international transport service.

The provisions of the third paragraph of this Article are without prejudice to the provisions of Article 481 e) of the Tax Statute. "

PARAGRAFO 4o. The provisions of this Article shall not apply to repair and maintenance services on ships and aircraft provided abroad.

Ir al inicio

ARTICLE 34. Add the Tax Statute with the following article:

" Article 482-1. Limitation of exemptions and exclusions in the import of goods. Exemption and exclusion from VAT on imports of goods may not be applied where they have national production and are taxed on sales tax.

When in any case certification of the non-existence of national production is required, so that the sales tax on imports is not caused, this certification must be issued by the Incomex.

PARAGRAFO. The limitation provided for in the first paragraph of this article will not apply to companies determined in Decree 1264 of 1994, nor to imports under the Customs Cooperation Agreement. Colombo Peruvian (CCACP) enters the department of the Amazon, in accordance with article 27 of Law 191 of 1995, nor to the imports of the articles of the article 428 of the Tax Statute. "

Ir al inicio

ARTICLE 35. Section 1o. Article 519 of the Tax Statute will thus be: " The national stamp duty, will be caused at the rate of one percent (1%) on public instruments and private documents, including securities, which are granted or accepted in the country, or which are granted outside the country but which are carried out in the national territory or which generate obligations therein, in which the constitution, existence, modification or extinction of the securities is recorded; obligations, as well as their extension or transfer, the amount of which is greater than 10 million weights ($10,000,000), (value year 1992 base), in which a public entity, a legal person or an equivalent person, or a natural person who has the quality of a trader, is involved as a public entity, a legal person, or a subscriber, who in the year immediately The former had a gross income or gross equity of more than one hundred and sixty-eight million pesos ($168,800,000), (base year 1992). "

For contracts concluded by builders for housing programs, the tariff increase provided for in this article will only apply from the first (1o) July 1998.

Ir al inicio

ARTICLE 36. The fourth indent of Article 519 of the Tax Statute will be as follows: " When such documents are of indeterminate value, the tax will be on each payment or credit account derived from the contract or document, for the duration of the current period.

The above shall apply to contracts that are signed, modified or extended from this law. "

Ir al inicio

ARTICLE 37. The exemption provided for in Article 6or. of Law 218 of 1995, does not cover the agricultural and fishing raw materials, nor the industrial raw materials produced in the Andean Subregion. It is also not applicable to equipment or equipment which is not intended for direct production, such as vehicles, furniture and other elements intended for the management of the undertaking and the marketing of the products.

Effective Case-law
Previous Legislation
Ir al inicio

ARTICLE 38. Modify the first paragraph of article 3or. of Decree 1264 of 1994, which will remain so:

" Paragraph 1o. In order to benefit from the exemption, no longer than three (3) years may elapse between the date of the establishment of the undertaking and the time at which the production stage begins. "

Ir al inicio

ARTICLE 39. Modify Article 5or Act 218 of 1995, which will remain so:

" Companies domiciled in the country that they perform during the five years following 1994, capital investments in the assets of the companies determined in Article 2or. of Decree 1264 of 1994, they may choose in the taxable period in which they made the investment, for one of the following tax benefits:

(a) To discount the income tax and supplementary income tax, 40% (40%) of the value of the investments that you have made in the companies determined in the article 2or. of Decree 1264 of 1994;

b) deduct from the rent a hundred and fifteen percent (115%) of the value of the investments that you have made in the companies determined in the article 2or. of Decree 1264 of 1994.

PARAGRAFO. The benefits provided here are exclusive. The concurrent or complementary application of the benefits based on the same fact, results in the loss of the two benefits requested, without prejudice to the penalties for inaccuracy to be taken. "

Ir al inicio

ARTICLE 40. The companies determined in 2or. Decree 1264 of 1994, the recipient of investments, must allocate all the capital resources corresponding to the investment received, to the acquisition of plant, equipment, inventories of raw materials and other assets related to directly with the development of the social object, within the twelve (12) months following the date on which the investors have made the capital investment.

When the technical and operational conditions of the investment recipient require the use of a term greater than that provided for in the preceding paragraph, the corresponding National Tax and Customs Administration may extend it. by means of a reasoned act, taking into account the specific circumstances demonstrated by the undertaking. In any event, such an extension may be higher than the unproductive period indicated by the regulation.

In the event that the investment recipient does not allocate all the investment received, in the form and time provided for in this Article, or the investor does not retain the capital investment that it makes in the equity the companies determined in Article 2or. of Decree 1264 of 1994, at least for five years, the investor must reintegrate into the income statement corresponding to the taxable year in which the investment destination is not met, the value of the profits the tax obtained under Law 218 of 1995, which corresponds to the non-invested part, plus the moratoria interest for each month or fraction of calendar month, calculated on that value from the date of the expiration of the period to declare, corresponding to the taxable year in which the profit was used, increased the latter in a fifty percent (50%).

PARAGRAFO. For the purposes set out in this article, the drawback of the benefits shall consist of their use as a liquid income for the recovery of deductions, when it has been treated as a deduction and as a higher value. the balance to pay or lower the value of the balance in favour, when it has been treated as a tax rebate.

Ir al inicio

ARTICLE 41. When the National Tax and Customs Administration determines that the companies referred to in Article 2or. of Decree 1264 of 1994, recipients of investment, have not allocated all of the investment received, in the form and period provided for in the previous article, the term of revision of the income statement submitted by the investor year in which the tax benefit was used for the investment, it will be three (3) years.

Ir al inicio

ARTICLE 42. For the purposes of Law 218 of 1995, understand that the area affected by the natural phenomenon is that of the territorial jurisdiction of the The following municipalities of the departments of Cauca and Huila:

In Cauca: Caldono, Inza, Jambalo, Toribio, Caloto, Totoro, Silvia, Paez, Santander de Quilichao, Popayan, Miranda, Morales, Padilla, Purace, El Tambo, Timbio, Suárez, Cajibio, Piendamo, Sotara, Buenos Aires, La Sierra, Puerto Tejada, Corinto and Patia.

In Huila: La Plata, Paicol, Yaguara, Nataga, Iquira, Tesalia, Neiva, Aipe, Campoalegre, Gigante, Hobo, Rivera, Villavieja, Acevedo, La Argentina, Palermo, Pitalito, Tello, Teruel, San Agustin, Algeciras, and Garzón.

Ir al inicio

ARTICLE 43. TAX DISCOUNT TITLES. Create the Nation's Tax Discount (DTT) titles, non-negotiable, whose sole beneficiary is the Nation, intended to pay the taxes administered by the National Customs and Tax Administration, with the exception of income and supplementary taxes, which are caused by investment projects financed from the resources of the National Budget, in the proportion that these resources finance the project and under the conditions established by the National Government, and from the respective budget item.

The issuance and delivery of the DTT will be carried out by the National Treasury Department of the Ministry of Finance and Public Credit, based on the information provided to it by the executive body or entity and by the respective projects of investment.

The National Tax and Customs Directorate, DIAN, will adopt the procedures it deems necessary in order to authorize and control the payment of the national taxes with the Tax Discount Titles, DTT.

Ir al inicio

ARTICLE 44. For the purposes of the benefits provided for in Articles 14, 15 and 16 of Law 10 of 1991, income from the exercise of liberal professions and the services inherent in the same.

Effective Case-law
Ir al inicio

ARTICLE 45. INTEREST IN THE PAYMENT OF THE RECOVERY CONTRIBUTION. Article 11 of Decree 1604 of 1966 shall remain as follows:

" National valuation contributions that are not cancelled for cash shall generate financing interest equivalent to the DTF rate plus six (6) percentage points. For this purpose, the Minister of Transport shall, before the end of each month, point out the interest rate which shall apply for the following month, on the basis of the most recent annual effective DTF rate, certified by the Bank of the Republic.

The default in the payment of any of the contributions of the recovery contribution will give rise to interest of arrears, which will be settled for each month or fraction of month of delay in the payment, at the same rate indicated in the article 635 of the Tax Statute for the payment of taxes administered by the DIAN.

The departments, districts and municipalities are empowered to establish equal interest rates for late payment of the valorization contributions by them distributed. "

Effective Case-law
Ir al inicio

ARTICLE 46. GLOBAL TAX ON REGULAR GASOLINE. 4 of Law 681 of 2001 >.

Vigency Notes
Previous Legislation
Ir al inicio

ARTICLE 47. COMPENSATION OF TAX DEBTS. When the Nation through any of the entities that make it, acquires companies, before proceeding to its payment, it will ask the National Tax and Customs Directorate to verify the debts pending payment by way of national taxes, and in the event of an obligation to pay in favour of the National Treasury, these obligations may be offset against the value of the acquired company, without the necessary operation budget.

Ir al inicio

ARTICLE 48. The tourist development certificates that were in the process of being issued in the terms of Article 4. of Decree 2272 of 1974 and have received approval from the National Tourism Corporation and have been submitted for approval to the National Council for Economic and Social Policy, Conpes, before December 22, 1995, must be granted to the investors who are beneficiaries of the same, in the terms laid down in the regulation.

Ir al inicio

ARTICLE 49. Add the Tax Statute with the following article:

" Article 579-2. Electronic presentation of declarations. Without prejudice to the provisions of Article 579, the National Government may authorize the filing of tax declarations and payments through electronic means, under the conditions and with the securities to be established by the regulation. When such means are adopted, compliance with the obligation to declare shall not require for the validity of the signature of the document ".

Ir al inicio

ARTICLE 50. The second paragraph of Article 851 of the Tax Statute will be as follows:

"The Directorate of National Taxation and Customs may establish systems for the return of balances in favor of taxpayers, who operate ex officio, after the filing of the respective tax declarations."

Ir al inicio

Next