Key Benefits:
633 OF 2000
(December 29)
Official Journal No. 44,275 of 29 December 2000
For which tax rules are issued, provisions on the treatment of compulsory funds for housing of social interest are issued and rules are introduced to strengthen the finances of the Judicial Branch.
COLOMBIA CONGRESS
DECRETA:
TAXATION OF FINANCIAL MOVEMENTS
ARTICLE 1o. TAX ON FINANCIAL MOVEMENTS. Add the Tax Statute with the following Book:
" SIXTH BOOK
TAXATION OF FINANCIAL MOVEMENTS
ARTICLE 870. TAXATION OF FINANCIAL MOVEMENTS, GMF. Create as a new tax, from the first (1o.) of January 2001, the Gravamen to the Financial Movements, in charge of the users of the financial system and the entities that make it up.
ARTICLE 871. MADE GENERATOR OF GMF. The operative event of the Gravamen to the Financial Movements is the realization of the financial transactions, through which resources are available deposited in current accounts or savings, as well as in deposit accounts in the Bank of the Republic, and the money management checks.
In the case of checks rotated from the resources of a savings account belonging to a customer, by a non-bank credit facility or by a banking establishment specializing in mortgage portfolios that does not use the In order to collect resources by means of the current account, the withdrawal under which the cheque is issued and the payment of the same shall be deemed to constitute a single operation.
PARAGRAFO. For the purposes of this Article, a financial transaction means any cash withdrawal operation, by cheque, with a debit card, through an electronic cashier, by means of payment points, debit notes or by means of a credit card. any other form involving the provision of resources of deposit, current or savings accounts in any type of denomination, including debits made on deposits credited as "positive credit card balances" credit " and the transactions by which credit institutions cancel the the amount of the deposits at the end of the account.
ARTICLE 872. GMF RATE. The rate of the Gravamen to the Financial Movements will be three per thousand (3 x 1,000). In no case will this value be deductible from the gross income of taxpayers.
ARTICLE 873. CAG OF THE GMF. The Tax on Financial Movements is an instant tax and is caused at the time the provision of the resources that is the subject of the financial transaction occurs.
ARTICLE 874. GRATABLE BASE OF THE GMF. The taxable base of the Financial Movements shall be made up of the total value of the financial transaction by which the resources are available.
ARTICLE 875. TAXABLE PERSONS OF GMF. The financial system, the users of the financial system, the entities that make up the financial system, and the Bank of the Republic will be the taxable persons of the Gravamen.
When it comes to withdrawals of funds that manage collective savings, the taxable person will be the individual saving beneficiary of the retirement.
ARTICLE 876. GMF RETAINING AGENTS. They shall act as retaining agents and shall be responsible for the collection and payment of the GMF, the Bank of the Republic and the credit institutions in which the respective account is located, as well as the credit institutions that issue the Management checks.
ARTICLE 877. DECLARATION AND PAYMENT OF GMF. The GMF withholding agents must deposit the sums collected to the order of the National Treasury Directorate General, in the account that it indicates to the effect, presenting the corresponding declaration, in the form that for this purpose has the National Tax and Customs Directorate.
The GMF declaration and payment must be made within the deadlines and conditions indicated by the National Government.
PARAGRAFO. Statements shall be construed as not to be submitted when the payment is not made simultaneously to the presentation of the claims.
ARTICLE 878. GMF ADMINISTRATION. It is up to the National Tax and Customs Directorate to administer the Gravamen to the Financial Movements referred to in this Book, for which it will have the powers enshrined in the Tax Statute for the investigation, determination, control, discussion, refund and collection of the taxes of your competition. The DIAN shall also be empowered to apply the penalties provided for in that Statute, which are compatible with the nature of the tax, as well as those relating to the quality of the withholding agent, including the transfer to the competent authorities shall be aware of any conduct of a criminal nature.
For those sanctions in which your determination is referred to in the Tax Statute a month or a fraction of calendar month, it will be understood as a week or a calendar week, applying 1.25% of the total value. of the retentions practiced in the respective period, for those holding agents who present the corresponding declaration.
ARTICLE 879. EXEMPTIONS FROM GMF. Financial Movements are exempt from the Gravamen:
1. Withdrawals from savings accounts intended exclusively for housing finance. The exemption may not exceed 50% (50%) of the current monthly minimum wage in the fiscal year and shall be applied proportionately in a non-cumulative manner on the monthly withdrawals made by the account holder. The Government shall issue the relevant regulations.
The exemption will apply exclusively to a savings account per holder and as long as it belongs to a single holder. Where a person is the holder of more than one savings account in one or more credit institutions, he/she shall choose the person in respect of which he/she shall operate the tax benefit provided for and indicate to the person concerned establishment.
2. Transfers between current accounts of the same credit establishment, where those accounts belong to the same and the sole holder that is a single person.
3. The operations carried out by the National Treasury Directorate, directly or through the implementing bodies, including the operations of the report to be held with this entity and the transfer of taxes to the National Treasury. collecting entities; likewise, the operations carried out during the year 2001 by the Public Treasury of any order with public entities or with entities monitored by the Banking or Securities Superintendents, carried out with securities issued by Fogafin for the capitalization of Public Banking.
4. The liquidity operations carried out by the Bank of the Republic, as provided for in Law 31 of 1992.
5. Inter-bank loans and transactions in the reporting of securities held by institutions monitored by the Banking or Securities Superintendents to balance defects or transitory liquidity overruns in the development of transactions that constitute their social object.
6. The transactions caused by the interbank compensation in respect of the accounts held by the credit institutions in the Bank of the Republic.
7. The clearing and settlement of the centralised securities deposits and the stock exchanges on dematerialised securities, and the payments relating to the administration of securities in those deposits.
8. The operations of the Fund of Guarantees of Financial Institutions (Fogafin) or the Fund of Guarantees of Cooperative Institutions (Fogacoop) with entities registered with these institutions.
9. The management of public resources to be done by the treasuries of the territorial entities.
10. The financial operations carried out with the resources of the General System of Social Security in Health, of the General System of Pensions referred to in the Law 100 of 1993, of the Pension Funds Decree 2513 of 1987 and of the General System of Professional Risks, until payment to the health promoter, to the administrator of the subsidized regime or to the pensioner, affiliated or beneficiary, as the case may be.
11. Credit disbursements by crediting the account or by issuing cheques, which are made by the credit institutions.
12. The transactions in the purchase and sale of foreign currency made through the Bank of the Republic or current accounts, made between foreign exchange intermediaries monitored by the Banking or Securities Superintendents, the Banco de la República and the National Treasury Department.
The current accounts referred to in the previous paragraph shall be used exclusively for the purchase and sale of foreign exchange between the exchange market intermediaries.
13. Management checks when issued from the resources of the payer's current account or savings account, provided that the current account or savings account is of the same credit institution that issues the management check.
14. Transfers between current and/or savings accounts opened in the same credit establishment in the name of the same and the sole holder.
The indicated exemption shall also apply where the transfer is made between collective savings accounts and current accounts or savings accounts belonging to the same and sole holder, provided that they are open in the same establishment as credit.
According to the National Government's regulations, withdrawals from special savings accounts that pensioners will open to deposit the value of their pension tables and up to the amount of the same, when they are equivalent to two minimum wages or less.
PARAGRAFO. The Tax on Financial Movements generated by the turn of tax exempt resources in accordance with international treaties, agreements and agreements signed by the country, will be the subject of return in the terms indicated by the regulation.
ARTICLE 880. GMF RETENTION AGENTS IN DEPOSIT ACCOUNT OPERATIONS. In harmony with the provisions of article 876 of this Statute, when the deposit accounts are used in the Bank of the Republic for transactions other than those provided for in Article 879 of the Tax Statute, the Bank of the Republic will act as a withholding agent of the Gravamen to the Financial Movements that corresponds to the payment of that transaction to the user entity of the respective account.
ARTICLE 881. RETURN OF GMF. The securitiative companies, the credit institutions that manage the mortgage portfolio, and the trust companies, will be entitled to obtain the return of the Gravamen to the Financial Movements that is caused by the the transfer of the flows in the processes of the mobilization of the mortgage portfolio for housing by those entities, as referred to in Law 546 of 1999, in the terms and conditions that the National Government rules.
Also, the operations of the Mortgage Portfolio Stabilization Fund, whose creation was authorized by Article 48 of Law 546, will be entitled to the return established in this article. in 1999, in particular those relating to the payment or contribution to be made by the parties under cover contracts, as well as the investments of the fund.
ARTICLE 2o. From the collection from the Gravamen to the Financial Movements for the months of January and February 2001, a value equivalent to two (2) of the three (3) points of the tax rate will be for the reconstruction of the Cafetero Axis in this area to finance housing of social interest and to grant housing subsidies, to the provision of official health institutions, to the educational and technological endowment of the educational centers (i) official from the affected area, the granting of soft loans for small and medium-sized enterprises In the case of the earthquake and vandalism and the funds provided for in Decree 1627 of 1996 for organizations existing before 25 January 1999 in Armenia and Pereira, the association of work was affected by the earthquake and vandalism.
For the purposes of this article, small and medium-sized enterprises that would have obtained gross income of less than six hundred million pesos ($600,000,000) are considered to have a gross wealth of less than eight hundred. Millions of pesos ($800,000,000) and a maximum number of twenty (20) workers.
ARTICLE 3o. USE OF THE RESOURCES GENERATED BY THE TAX ON FINANCIAL MOVEMENTS. The collection of the Gravamen to the Financial Movements and their yields will be deposited in a special account of the National Treasury Department until such time be appropriate in the General Budget of the Nation in the fiscal vigencies corresponding to its collection and subsequent ones. The Government will propose to the Congress of the Republic the incorporation of these revenues to the extent that local needs so advise, until their production is exhausted.
INCOME TAX
ARTICLE 4. SPECIAL AUDIT BENEFIT.
ARTICLE 5o. The numeral 1 of article 19 of the Tax Statute, will remain as follows:
" 1. Non-profit corporations, foundations and associations, with the exception of those referred to in Article 23 of this Statute, whose social and principal object and resources are intended for health, sport, formal education, cultural, scientific or technological research, ecological, environmental protection, or social development programmes where they are of general interest provided their surpluses are reinvested in the activity of its social object ".
ARTICLE 6o. Add the item number 4 in Article 19 of the Tax Statute with the following sentence:
"The calculation of this net or surplus benefit will be performed according to how the cooperative normativity establishes it."
ARTICLE 7o. OTHER CONTRIBUTING ENTITIES. Add the Tax Statute with the following article:
" Article 19-3. Other contributing entities. They are income tax payers and complementary Fogafin and Fogacoop. Of the income received by these two entities (2) entities will be exempt from the income by way of the transfers made by the Nation; the income generated by the disposal or valuation, and those received by dividends or participations in shares or contributions and other rights in acquired companies with resources transferred or pending transfer by the Nation, as well as those generated in the fiduciary accounts administered by legal mandate.
ARTICLE 8o. ENTITIES THAT ARE NOT CONTRIBUTORS. Add article 22 of the Tax Statute, with a paragraph, which will be as follows:
"The Coffee Axis Reconstruction Fund, Forec, is not a contributor to income tax and supplemental, and is not required to file income and equity statements."
ARTICLE 9o. UTILITY IN THE DISPOSAL OF SHARES. Amend point 2o. of Article 36-1 of the Tax Statute, which shall remain as follows:
" Do not constitute income or occasional profit from the sale of shares registered on a Colombian Stock Exchange, of which the same beneficial owner is the same, when the sale does not exceed 10 percent. (10%) of the shares in circulation of the respective company during the same taxable year ".
ARTICLE 10. DEMOCRATIZATION PROCESSES. Add the Tax Statute with the following article:
" Article 36-4. PROCESSES OF DEMOCRATIZATION. The profits originated in processes of democratization of societies, made by public offering, are not income or occasional profit.
It will be understood that a process of democratization has been carried out through a public offering, when the general public is offered ten percent (10%) or more of the shares in a given society.
The respective public offer of democratization should incorporate special conditions that facilitate and promote the massive participation of investors in the ownership of the actions that are intended to be used and guarantee their broad and free concurrency ".
ARTICLE 11. TAX BENEFIT FOR DONATIONS. Please modify article 125-3 of the Tax Statute, which will be as follows:
" Article 125-3. REQUIREMENTS TO RECOGNIZE THE DEDUCTION. For the recognition of the deduction by concept of donations, a certification of the donor entity, signed by the Fiscal Reviewer or Accountant, is required, in which the form, the amount and the destination of the donation, as well as the compliance with the conditions set out in the previous Articles.
In no case will the deduction be made for donations, when shares, shares or shares, securities, rights or accreances, held in entities or companies are donated. "
ARTICLE 12. Modify the article 158-1 of the Tax Statute, which will remain so:
" Article 158-1. DEDUCTION FOR INVESTMENTS IN SCIENTIFIC AND TECHNOLOGICAL DEVELOPMENT. Persons making investments directly or through Research Centres, Technological Development Centres, such as non-profit entities, or Centres and Research Groups of Higher Education Institutions, recognized by Colciencias, in projects qualified as scientific, technological or technological innovation, by the National Council of Science and Technology, or in projects of professional training of higher education institutions state or official and private, recognized by the Minister of National Education, who are non-profit entities and that in a voluntary process they have been accredited or obtained accreditation of one or more programs, they will have the right to deduct from their income the one hundred and twenty-five percent (125%) of the value invested in the period taxable in which the investment was made. Investment projects should be developed in strategic areas for the country such as basic sciences, social and human sciences, industrial development, agricultural sciences, environment, habitat, education, health, electronics, telecommunications, information technology, biotechnology, mining and energy. This deduction may not exceed 20% (20%) of the liquid income determined before the value of the investment is subtracted.
When the investment takes place in vocational training projects developed by higher education institutions mentioned in the previous paragraph, they must show that the investment has been allocated to the program or programs accredited.
The same benefits will also be received by taxpayers who make donations and investments to advance agro-industrial investment projects qualified by the competent governmental entity, as long as they are developed by entities not for profit, recognised as such by the Ministry of Agriculture.
This deduction may not exceed 20% of the determined liquid income before subtracting the value of the investment.
The government will regulate the procedures for monitoring, monitoring and evaluating qualified projects.
PARAGRAFO 1o. People will be able to opt for the alternative of deducting one hundred and twenty-five percent (125%) of the value of donations made to centers or groups referred to in this article, as long as they are exclusively for projects previously qualified by the National Council for Science and Technology. The projects to which the donation is directed should also be developed in strategic areas for the country such as basic sciences, social and human sciences, industrial development, agricultural sciences, environment, habitat, education, health, electronics, telecommunications, information technology, biotechnology, mining, energy, or vocational training of state or official or private higher education institutions, recognised by the Minister of National Education, non-profit entities and that in a voluntary process they have been accredited or obtained accreditation of one or more programmes. This deduction may not exceed 20% (20%) of the liquid income determined before the value of the donation is subtracted. The other requirements set out in Articles 125-1, 125-2 and 125-3 of the Tax Statute.
When the donation is made to professional training projects developed by higher education institutions mentioned in the previous section, they must show that the donation has been assigned to the program or programs accredited.
PARAGRAFO 2o. For the deduction of this article and paragraph 1o., when qualifying the project, the National Science and Technology Council must also assess its environmental impact. In no case shall the taxpayer be able to deduct simultaneously from his gross income, the value of the investments and donations covered by this Article. "
ARTICLE 13. EXEMPTION FOR PUBLIC SERVICE COMPANIES DOMICILED. As amended by Article 211 of the Tax Statute, which will be:
" Article 211. EXEMPTION FOR PUBLIC SERVICE COMPANIES DOMICILED. All public service providers are taxpayers of national taxes, in the terms defined by the Tax Statute, with the exceptions set out below.
The income from the provision of the public services of aqueduct, sewerage and toilet when they are obtained by official entities or mixed economy companies, and the complementary activities of the The above services are exempt from income tax and supplementary services for a period of two (2) years from the validity of this law, on the profits that they capitalize or that they appropriate as reserves for the rehabilitation, extension and replacement of the systems, according to the following percentages:
For the taxable year 2001 80% exempt
For the taxable year 2002 80% exempt
This exemption will be granted, during the same period mentioned, the income from the transmission or home distribution of electrical energy. For this purpose, the income of the generation and the distribution must be duly separated in the accounts.
Likewise, the income from the generation of electric power, and those of the public utilities of gas, and of local telephony and their complementary activity of rural mobile telephony when they are obtained by entities The government will be exempt from the income tax and complementary to a two (2) year term, on the profits that it capitalizes or that they appropriate as reserves for the rehabilitation, extension and replacement of the systems, according to the following percentages:
For the taxable year 2001 30% exempt
For the taxable year 2002 10% exempt
PARAGRAFO 1o. For the purposes of the surcharge in the gas sector, which deals with the numeral 89.5 of article 89 of Law 142 of 1994, all effects shall be understood to be up to twenty per cent (20%) of the economic cost of the city door supply.
PARAGRAFO 2o. For the purposes of the surcharge or special contribution in the electricity sector that is dealt with in Article 47 of Law 143 of 1994, it will apply to non-regulated users who buy energy from companies Non-regulated power generators, for residential users of strata 5 and 6, and for non-residential users, twenty per cent (20%) of the cost of service delivery.
PARAGRAFO 3o. It is understood that the benefits provided for in this article will also be applicable, with the percentages and the timetable established in it, to the surplus or profits that the companies of public service households transfer to the nation.
PARAGRAFO 4o. The generating companies that are established to provide the public service for the exclusive purpose of generating and commercializing electrical energy based on the utilization of the water resource and installed capacity of less than twenty-five thousand. (25,000) kilowatts, will be exempt from income tax and supplementary for a term of fifteen (15) years from the validity of this law. This exemption should be consistent with the withholding tax in respect of non-withholding entities.
PARAGRAFO 5o. The costs involved for the Public Service Companies, the reduction of the percentages of exemption mentioned in this article, will not be able to affect the rates applicable to the users of the mentioned services ".
ARTICLE 14. DONATIONS DISCOUNT. Modify Article 249 of the Tax Statute, which will be as follows:
" Article 249. Discount for donations. Income tax taxpayers will be able to discount income tax and supplementary income tax, sixty per cent (60%) of donations made during the taxable year to higher education institutions. state or official and private, recognized by the Minister of National Education, who are non-profit entities and that in a voluntary process have been accredited or obtained accreditation of one or more programs.
With the resources obtained from such donations higher education institutions will be able to:
(a) Constituency of a Heritage Fund, the income of which is intended to finance the tuition of low-income students, whose parents show that they have no income exceeding four (4) minimum monthly salaries in force, or
b) Destinations them to educational improvement projects of the accredited institution or their accredited academic programs on a voluntary basis. In the latter case, the institution must demonstrate that the donation has been allocated to the accredited programme or programmes.
The government will regulate procedures for the monitoring and control of such donations.
This discount will not exceed thirty percent (30%) of the basic income tax and supplementary tax for the respective taxable year.
Donors will not be able to participate in the entities subject to the donation.
PARAGRAFO 1o. Taxpayers will be able to discount on income tax sixty per cent (60%) of donations made during the year taxable to non-profit associations, corporations and non-profit foundations that exclusively use the funds. resources of such donation to the construction, adequacy or endowment of schools or hospitals, which are included within the national, departmental or municipal systems of education or health.
PARAGRAFO 2o. For the recognition of the grant discount, a certification of the donor entity, signed by the tax reviewer or accountant, is required, in which the form, the amount and the destination of the donation, as well as the compliance of the conditions outlined in Articles 125-1 and 125-2 of this statute.
TRANSIENT PARAGRAPH. The requirement for the accreditation of the institutions of higher education or voluntary accreditation of one or more of its programmes, as a condition for access to the discount for donations covered by this article, shall begin to apply from 1o. of January 2002.
ARTICLE 15. BASIS AND PERCENTAGE OF PRESUMPTIVE INCOME. Amend the first paragraph and paragraph 4. Article 188 of the Tax Statute, which will remain so:
For income tax purposes, the taxpayer's liquid income is presumed to be no less than six percent (6%) of its liquid equity, on the last day of the immediately preceding taxable year.
PARAGRAFO 4o. The deduction of the excess of presumptive income on ordinary liquid income may be subtracted from the gross income determined within the following three (3) years, adjusted for inflation.
ARTICLE 16. PRESUMPTIVE INCOME EXCLUSIONS. Modify the first and fourth incites and add two incites to Article 191 of the Tax Statute, which will remain so:
" From the presumption set out in Article 188 , entities of the Special Regime referred to in Article 19are excluded. Nor are the home public utility companies, the investment funds, the securities, the common, pension funds, or the non-profit companies referred to in Articles 23-1 and 23-2 of this Statute and the companies of the urban public service system of mass transit of passengers, as well as the companies of mass transit of passengers by the metropolitan train system.
...
As of the taxable year 2000, public service companies that develop complementary energy generation activities are not subject to presumptive income; the official entities of the water treatment services (a) the number of companies in which they are settled; the companies in liquidation; the entities subject to the supervision and supervision of the Banking Superintendence which have been declared to have been wound up or which have been the subject of a takeover; the causals referred to in (a) or (g) of the article 114 of the Organic Statute of the Financial System; the land banks of districts and municipalities destined to be urbanized, and for the taxable years 2001, 2002 and 2003, the companies Mortgage portfolio securitizers.
Likewise, public limited liability companies, whose main object is the acquisition, disposal and management of unproductive assets of their property, or acquired from the establishments of the credit of the same nature.
From 1o. of January 2001 and by the end of two (2) years, the purchase of shares in national companies will also be excluded from presumptive income. This benefit shall not apply for the repurchase of shares or for transactions between economic partners, members of a business group and actual beneficiaries.
The National Government will regulate how this exclusion will be applied, and will have the power to extend for two (2) years plus such benefit".
ARTICLE 17. AUDIT BENEFIT. Modify article 689-1 of the Tax Statute, which will be as follows:
" Article 689-1. AUDIT BENEFIT. For the taxable periods 2000 to 2003, the private liquidation of income tax and supplementary tax payers that increase their net income tax by at least a percentage equal to two (2) times the inflation caused of the respective taxable period, in relation to the net income tax of the year immediately preceding, shall be fixed if within the twelve (12) months following the date of its filing, no placement has been notified to correct, provided that the declaration is duly presented in a timely manner and the payment is made in the the time limits for the national government to be set.
In the case of taxpayers who submit to the audit benefit, the term of firmness here provided will also be applicable for their withholding tax and sales tax, corresponding to the periods of time. in the taxable year of the income tax submitted to the benefit.
This rule is not applicable to taxpayers who enjoy tax benefits due to their location in a given geographical area.
When the audit benefit statement yields a tax loss, the Tax Administration may exercise the powers of audit to determine the origin or improvenance of the tax and therefore its compensation in years. later. This power shall, however, be held after the period of the twelve (12) months in which this Article is dealt with.
In the case of taxpayers who in the years prior to the period in which they claim to benefit from the audit, they have not submitted a statement of income and supplementary and comply with that obligation within the time limits specified by the the National Government to present the declarations corresponding to the taxable periods 2000 to 2003, the term of firmness of the liquidation provided for in this article will be applicable to them, for which they will have to increase the net income tax to charge for such periods at a value equivalent to two (2) times the rate of inflation of the respective taxable period.
When it is shown that the holds at the declared source are non-existent, the audit benefit will not proceed.
PARAGRAFO 1o. The correction statements and correction requests which are submitted before the end of the determination referred to in this Article shall not affect the validity of the audit benefit, provided that in the initial declaration the the taxpayer complies with the requirements for timely filing, increased net income tax, payment, and in the corrections those requirements are maintained.
PARAGRAFO 2o. When the net income tax on the declaration corresponding to the taxable year against which the increase requirement must be met, is less than two (2) monthly minimum legal wages in force, the audit benefit shall not be applied. '
ARTICLE 18. Modify the 2o incites. and 3o. of Article 401 of the Tax Statute, which will remain so:
" Article 401. RETENTION ON OTHER TAX REVENUES. The retention rates may not exceed three points five per cent (3.5%) of the respective payment or credit. In the other concepts, as listed in the preceding paragraph, the provisions governing the date of issue of Law 50 of 1984 shall apply.
Without prejudice to the provisions of Article 398 of the Tax Statute, the withholding rate at the source for payments or credits taken into account referred to in this Article, received by Taxpayers who are not obliged to submit income statements shall be 3.5%. In the other concepts listed in 1o. of this article, and in cases of acquisition of agricultural or livestock goods or products without industrial processing, purchases of Federation-type parchment coffee, payments to wholesale or retail distributors of petroleum-derived fuels, and in the acquisition of real estate or vehicles or in the contracts of construction, urbanization and, in general, of the construction of the building material, the provisions governing the corresponding deductions shall apply. "
ARTICLE 19. DISTRIBUTION OF REVENUES IN AUTOMOTIVE LAND TRANSPORT. Add the Tax Statute with the following article:
" Article 102-2. DISTRIBUTION OF REVENUES IN AUTOMOTIVE LAND TRANSPORT. When the automotive land transport is provided through vehicles owned by third parties, different from the ones owned by the conveyor company, for purposes of national and territorial taxes, the companies will have to register the For the owner of the vehicle the part that corresponds to the negotiation; for the company conveyor the value that corresponds to it once the income of the owner of the vehicle is discounted ".
ARTICLE 20. DEDUCTION OF TAXES PAID. Modify Article 115 of the Tax Statute, which will be as follows:
" Article 115. DEDUCTION OF TAXES PAID. All taxes on industry and commerce, on the market, on vehicles, on registration and on the stamp and on the stamp, which have actually been paid during the taxable year or period, are deductible as long as they have a causal link with the income of the taxpayer.
The deduction that this article treats in no case may be treated simultaneously as cost and expense of the respective company. "
ARTICLE 21. INCOME FROM WORK. As amended by Article 103 of the Tax Statute, which will be:
" Article 103. INCOME FROM WORK. Exclusive income from work is considered, those obtained by natural persons for the purposes of wages, commissions, social benefits, viatics, representation expenses, fees, ecclesiastical emoluments, compensation received by the cooperative work and, in general, compensation for personal services.
PARAGRAFO 1o. In order to be considered as working income, the compensation received for the cooperative work, the cooperative or the associated cooperative, must have registered their work and compensation schemes in the Ministry The Committee on Social Security and Social Security and the associated workers must be linked to health social security and pension systems accepted by law, or to have the character of pensioners or with a retirement allowance according to the special schemes established by law. They must also be linked to the general system of occupational risks.
PARAGRAFO 2o. The compensation received for the cooperative work is taxed with the income tax and complementary in the same terms, conditions and exceptions set out in the Tax Statute for the income exempt from work from the salaried employment relationship. "
ARTICLE 22. LIMIT OF DISCOUNTS. As amended by paragraph 2o. Article 259 of the Tax Statute, which will remain so:
" Paragraph 2o. Where tax rebates are exclusively originating in tax refund certificates, the determination of the tax charged may not be less than 70% (70%) of the tax determined by the presumptive income system. before any discount. "
ARTICLE 23. Modify paragraph 3o. Article 126-4 of the Tax Statute, which will remain so:
" The withdrawal of the resources from the 'AFC' savings accounts before five (5) years from their date of entry have elapsed, will mean that the worker loses the benefit and is made by the respective entity. financial, the initially unrealised holds, unless those resources are intended for the acquisition of housing financed by entities subject to the inspection and surveillance of the Banking Superintendency. '
SALES TAX
ARTICLE 24. SOURCE RETENTION IN SALES TAX. Modify the second paragraph of article 437-1 of the Tax Statute, which will be as follows:
" Retention will be equal to seventy-five percent (75%) of the value of the tax. However, the National Government is empowered to authorise lower retention rates. "
ARTICLE 25. SALES TAX RETENTION AGENTS. Modify the paragraph, add a numeral and paragraph to article 437-2 of the Tax Statute, which will remain so:
"5. Credit and debit card issuing entities and their associations, at the time of the corresponding payment or credit to the affiliated persons or establishments. The value of the tax will not be part of the basis for determining fees charged for using debit and credit cards
When payments or credits to persons or establishments affiliated with credit or debit card systems are made through the acquiring or paying agencies, the withholding tax shall be practiced by such entities.
PARAGRAFO 1o. The sale of goods or services that are made between sales tax withholding agents that deal with numerals 1, 2 and 5 of this article will not be governed by the provisions of this article.
PARAGRAFO 2o. The National Tax and Customs Directorate may, by means of a decision, withdraw the quality of the sales tax withholding agent to the Large Contributors found in concordatum, compulsory liquidation, taking of possession or negotiation of a restructuring agreement, without affecting the quality of the large taxpayer. "
ARTICLE 26. GENERAL SALES TAX RATE. Modify Article 468 of the Tax Statute, which will be as follows:
" Article 468. GENERAL SALES TAX RATE. The general rate of sales tax is 16% (16%), which will also apply to services, with the exception of those expressly excluded. Also, the general fee will be applicable to the goods covered by items 446, 469 and 474 and the services referred to in Article 461 of the Tax Statute.
PARAGRAFO. The telephone directories will be taxed at the general sales tax rate only when they are transferred for consideration.
ARTICLE 27. GOODS THAT DO NOT CAUSE THE TAX. Modify tariff items, add a paragraph, and modify the paragraphs of Article 424 of the Tax Statute, which will be as follows:
" 04.02 Milk and cream, with any industrial process, concentrated or with addition of sugar or other sweetening matter
04.07.00.10.00 Eggs for hatching
04.09.00.00.00 Natural Honey
05.11.10.00.00 Bovine Semen
08.04 Dates, figs, tropical pineapples (ananas), avocados (paltas), guavas, mangoes and mangosteens, fresh or dried, and food products made from handcrafted to guava and/or milk.
11.04.23.00.00 Mailbox
12.07.10.10.00 Nuez and palm almond for sowing
19.01 Food preparations of flour, starch and starch
28.44.40,00.00 radioactive material for medical use
48.18.40,00.00 Sanitary and Disposable Diapers
53.04.10.10.00 Pita (cabuya, fique)
53,08.90.00.00 Other
53.11.00.00.00 Fabric of other vegetable textile fibres; woven fabrics of paper yarn.
56,08.11.00.00 Made-up nets for fishing
82,08,40,00.00 Knives and cutting sheets for machines and mechanical appliances for agricultural, horticultural and forestry use
84.18.69.11.00 Compression cold groups (cold tanks to conserve milk)
84.19.39.10.00 Sectors by lyophilization, cryodesiccation, spraying, sterilisation, pasteurisation, evaporation, vaporization and condensation
84.19.50.10.00 Pasterizers
84.21.11.00.00 Centrifuges (discremators) centrifuges
84.21.22.00.00 Appliances for filtering or debugging other beverages
84.24.81,30.00 Other appliances for irrigation systems
84.32. Machines, agricultural appliances and appliances, horticultural or forestry appliances, for the preparation or work of the soil or for cultivation; excluding rollers for lawns or sports grounds
84.33 Machines, apparatus and apparatus for harvesting or trialling, including presses for straw or fodder; guadanadors; machines for cleaning or sorting eggs, fruit or other agricultural products, other than those of heading No 84.37 subheadings 84.33.11 and 84.33.19
84.34 Ordering machines and machines and appliances for the dairy industry
84.36 Other machines and apparatus for agriculture, horticulture, forestry, poultry or beekeeping, including germinators with built-in mechanical or thermal devices and poultry incubators and breeders
84.37.10.00.00 Machines for cleaning, sorting or screening of seeds, grains or vegetables of dried pods
84.38 Machines and apparatus for the preparation or manufacture of food or drink, other than those of
84.38.1084,85.10.00.00 Helices for boats and their pallets
87.16.20.00.00 Trailers for agricultural use
90.18.39.00.00 Catheters
90.18.39.00.00 peritoneal catheters for dialysis
Liquid infusion equipment
Filters for kidney dialysis
Natural rubber
The original works of art, when performed directly by the author.
Personal computers of a single processor, portable or desktop, enabled for Internet use, with pre-installed operating system, keyboard, mouse, speakers, cables and manuals, up to a CIF value of fifteen hundred dollars (US$1,500), in the manner determined by the regulation, will be excluded from sales tax during the years 2001, 2002 and 2003, as well as similar systems that seek to socialize the coverage and use of the Internet of agreement with the rules of the National Government.
Equipment and components of the vehicle gas plan.
1. Cylinders 73.11.00.10.00
2. Conversion Kit 84.09,91,91.00
3. Parts for kits (spare parts) 84,09,91.99.00; 84,09,91,60.00
4. Compressors 84.14.80.22.00
5. Dispensers (dispensers) 90.25,890.00
6. Parts and accessories dispensers (spare parts) 90.25.90.00.00
7. Compressor parts and accessories (spare parts) 84.14.90.10.00; 84,90.90.90.00
PARAGRAFO 1o. The importation of the goods provided for in this Article shall be taxed at a tariff equivalent to the general tariff of the tax on average sales implied in the cost of production of goods of the same kind of domestic production.
When the National Government determines the non-existence of national production of goods referred to in this article, the implicit VAT will not be caused.
For the purposes of the liquidation and payment of sales tax for imports of this class of goods, the National Government shall publish the taxable base referred to in the preceding paragraph applicable to the importation of each property, having The composition in its national production is taken into account.
The provisions of this paragraph shall also not apply to the importation of electrical energy, petroleum-derived fuels, propane or natural gas, and the goods of headings 27.01, 27.02 and 27.03.
For the purposes of this provision, it is understood that there is no national production when domestic production only covers up to thirty-five per cent (35%) of market needs.
The National Planning Department, in coordination with the relevant ministries or entities, will have to certify annually the national production and imports, to determine the size of the market, for which they will have to provide required databases.
For the application of this standard, importers will have to purchase the entire national production, in the case of agricultural products.
PARAGRAFO 2o. Chemical raw materials for the production of medicinal products in positions 29.36, 29.41, 30.01, 30.03, 30.04 and 30.06 shall be excluded from VAT.
TRANSIENT PARAGRAPH. Those responsible for VAT for the restaurant service, who are notified or notified to them prior to the validity of this law, special requirement or review clearance, may be transacted by 31 July 2001 with the Directorate of National Customs and Taxation, up to 50% of the largest tax discussed as a result of special requirements or review settlements, as well as the total value of the penalties, interest and update as per the case; above, as long as there has been no action brought before the contentious jurisdiction administrative, and the person responsible corrects his private declaration by paying fifty per cent (50%) of the highest tax proposed or officially determined.
For such purposes those responsible shall attach proof of payment or settlement payment of the private settlement of the tax on the taxable year 1999 and of the payment or payment agreement of the private settlements of the tax on the sales corresponding to the periods of discussion and the securities traded.
The termination by mutual agreement that ends the tax administrative performance will lend executive merit, in accordance with the provisions of Articles 828 and 829 of the Tax Statute, and with its compliance the obligation for all sums under discussion will be extinguished.
ARTICLE 28. FACTS ON WHICH THE TAX FALLS. Add article 420 of the Tax Statute, with the following paragraph.
" Paragraph 5o. The sale and import of cigarettes and manufactured tobacco, domestic and foreign, which will be taxed at the general tariff. The tax generated by these concepts will give the right to discountable taxes in the terms of Article 485 of this statute.
The taxable base of sales tax on cigarettes and manufactured tobacco will be the same as the consumption tax that is dealt with in Article 210 of Law 223 of 1995. "
ARTICLE 29. SALES TAX FOR SATELLITE TELEVISION. Addition to paragraph 3 of paragraph 3. of article 420 of the Tax Statute, with the following literal:
"(h) The satellite television service received in Colombia, for which the taxable base will be made up of the total value invoiced to the user in Colombia."
ARTICLE 30 Amend article 428-1 of the Tax Statute, which will be as follows:
" Article 428-1. IMPORTS OF ASSETS BY INSTITUTIONS OF HIGHER EDUCATION. The teams and elements that matter the Research Centers and the Technology Development Centers recognized by Colciencias, as well as the institutions of higher education, and that are destined to the development of projects previously Qualified as scientific research or technological innovation by Colciencias, they will be exempt from sales tax (VAT).
Projects should be developed in the areas corresponding to the National Science and Technology Programs that are part of the National System of Science and Technology.
The government will regulate what is related to this exemption.
PARAGRAFO. For the exemption to be covered by this Article, the rating shall assess the environmental impact of the project. '
ARTICLE 31. Modify the 2o incites. and 3o. Article 468-1 of the Tax Statute, which will remain so:
National air passenger transport is taxed at the rate of 10% (10%), except for those with destination or origin of national routes where there is no organised land transport.
The tickets purchased in Colombia to be transported within the country on the following dates will not be taxed with VAT: 20 to 31 December, 1o. to 10 January, Easter, 20 June to 10 July, as long as the conditions laid down in the regulation are met. The air carriers shall charge the user the value of the VAT, when the air ticket acquired with the benefit referred to in the previous subparagraph is used at a different date from the intended ones.
ARTICLE 32. Modify Article 480 of the Tax Statute, as follows:
" Article 480. DONATED GOODS EXEMPT FROM SALES TAX. Imports of goods and equipment intended for sport, health, scientific and technological research, and education, donated in favour of official or non-profit entities, shall be excluded from the sales tax. persons or entities, persons or entities, persons or foreign governments, as long as they obtain a favourable rating in the committee provided for in Article 362. Likewise, imports of the goods and equipment for national security destined for the Public Force will be excluded from the tax.
It is also excluded from sales tax, the importation of goods and equipment that are carried out in the development of agreements, treaties, international and inter-institutional agreements or cooperation projects, donated in favor of the Government National or public law entities of the national order by natural or legal persons, multilateral organizations or foreign governments, according to regulations issued by the National Government. "
ARTICLE 33. Modify the literal e) of article 481 of the Tax Statute, which will remain so:
e) Services that are provided in the developing country of a written contract and are used exclusively abroad, by companies or persons without business or activities in Colombia, are also exempt from the sales tax. the requirements laid down in the regulation. The same treatment will be given to tourist services provided to residents abroad that are used in Colombian territory, originated in packages sold abroad and sold by operating agencies or hotels registered in the country. National Register of Tourism, as established in Law 300 of 1996, and as long as the respective exchange rate is carried out. "
ARTICLE 34. Modify Article 499 of the Tax Statute, which will be as follows:
" Article 499. THOSE WHO BELONG TO THIS REGIME. Retail or retail traders, whose sales are taxed, as well as those who provide taxed services, which are natural persons, may be registered under the simplified sales tax scheme, where they have been obtained in the year immediately previous gross income of less than $42,000,000.00 (base year 2000 value) and have an establishment of trade, office, headquarters, local or business where they exercise their business.
PARAGRAFO. It is presumed in law that the taxpayer or liability has earned annual revenues exceeding $42,000,000 (base year 2000) and will therefore be responsible for the Common Regime, when compared to the year immediately preceding any of the following circumstances:
1. That you have had eight (8) or more workers at your service, or
2. That you have cancelled an annual value for public services exceeding twenty (20) current minimum statutory statutory wages, or
3. That you have cancelled in the year by way of lease of the premises, premises, establishment, business or office a value of more than thirty-five (35) current minimum legal wages in force, or when the local, headquarters, establishments, business or the office is owned by the taxpayer or responsible, except in the case that matches his or her dwelling.
4. It has made in the year bank statements in savings accounts or current accounts, higher than $70,000,000.00 (base year 2000). "
ARTICLE 35. Add the Tax Statute with the following article:
" Item 506. OBLIGATIONS FOR THOSE RESPONSIBLE FOR THE SIMPLIFIED SCHEME. Those responsible for the simplified sales tax regime should:
1. Sign up for the Single Tax Register.
2. To issue as an equivalent document to the invoice, the fiscal ballot, with the requirements that the regulation points out.
3. Comply with the control systems determined by the National Government. "
ARTICLE 36. SIMPLIFIED REGIME STEP TO COMMON REGIME. Modify article 508-2 of the Tax Statute, which will be as follows:
" Article 508-2. A SIMPLIFIED SCHEME FOR A COMMON SCHEME. Where the gross receipts of a sales tax officer belonging to the simplified scheme, in the case of the respective taxable year exceed the sum of forty-two million pesos ($42,000,000.00) (base year 2000), the responsible will become part of the common regime from the beginning of the following period ".
ARTICLE 37. TRANSITIONAL-MAXIMUM PERIOD FOR REMARKING PRICES FOR NEW TARIFF. For the application of the modifications to the sales tax in respect of the new tariff or the fixing of new goods to the tax, in the case of establishments of trade with direct sale to the public of goods pre-marked directly or in existing gondola at counters, may be sold with the selling price to the public already fixed in accordance with the applicable sales tax provisions before the entry into force of this law, until the existence of these laws has been exhausted.
In any case, as of January 15, 2001, all goods offered to the public must comply with the changes laid down in this law.
PROCEDURE AND CONTROL NORMAS
ARTICLE 38. ELECTRONIC FILING OF DECLARATIONS. As amended by Article 579-2 of the Tax Statute, which will remain the same:
" Article 579-2. ELECTRONIC FILING OF DECLARATIONS. Without prejudice to the provisions of Article 579, the Director of National Taxation and Customs shall, by means of a resolution, identify the taxpayers, persons responsible or agents who are obliged to comply with the the presentation of tax declarations and payments through electronic means, under the conditions and with the securities established by the regulation. Tax declarations, submitted by a different means, by the obligation to use the electronic system, shall be such as not presented. In the event of a situation of force majeure which prevents the taxpayer from submitting his declaration by the electronic system in a timely manner, the penalty of extemporaneity set out in the article 641 of this Statute, as long as the manual declaration is submitted no later than the day after the expiration of the deadline to declare and demonstrate the force majeure events.
When such means are adopted, compliance with the obligation to declare shall not require for the validity of the signature of the autograph of the document. "
ARTICLE 39. INFORMATION OBJECT OPERATIONS SETTINGS. The values that are treated by items 623 literals a), b), and c), 623-2 , and 631 literal (e), (f), (j) and m) may be determined by a Resolution by the National Customs and Tax Directorate individually or cumulatively with respect to the information operations.
ARTICLE 40. DETERMINATION OF THE MORATORICAL INTEREST RATE. As amended by Article 635 of the Tax Statute, which will be the same:
" Article 635. DETERMINATION OF THE RATE OF MORATORIO INTEREST. For tax purposes, from the first of July 2001, the rate of default will be equivalent to the average of the usury rate according to the certification issued by the Banking Superintendence during the previous four-month period. in 5%. This interest rate will be determined every four (4) months.
ARTICLE 41. CLOSING SANCTION. Add article 657 of the Tax Statute with the following literal c):
" (c) Where the raw materials, assets or goods that form part of the inventory, or the goods received in consignment or in deposit, are apprehended for violation of the customs procedure in force. In this event, the sanction will be effective once the administrative act of confiscation is firmly established in the governmental way. In this event the closing sanction will be thirty (30) calendar days and official stamps will be imposed that contain the legend CLOSED FOR EVASION AND SMUGGLING. This penalty shall be applied in the same administrative act of confiscation and shall be effective within two (2) days following the exhaustion of the gubernative route. This penalty will not apply to the third-party holder in good faith, as long as you can check it with the invoice with the full of legal requirements".
ARTICLE 42. CRIMINAL LIABILITY FOR NOT CONSIGNATING THE HOLDS ON THE SOURCE AND VAT. Unify the paragrafos 1o. and 2o. of Article 665 of the Tax Statute in the following paragraph, which shall remain as follows:
" Paragraph. 21 of Law 1066 of 2006. > When the agent holding or responsible for the sales tax extinguishing in full the tax obligation, together with its corresponding interests and penalties, by means of payment or compensation of the sums due, not there will be criminal liability. There will also be no criminal liability when the agent holding or responsible for the sales tax demonstrates that he has entered into a payment agreement for the sums due and that the payment is being made in due form.
The provisions of this Article shall not apply in the case of companies found in concordatary processes; in the case of administrative forced liquidation; in the process of taking possession in the case of entities monitored by the Banking superintendence, or have been admitted to the negotiation of a Restructuring Agreement referred to in Law 550 of 1999, in relation to sales tax and withholding taxes on the source. "
ARTICLE 43. TAX INFORMATION. Modify article 693-1 of the Tax Statute, which will remain so:
" Article 693-1. TAX INFORMATION. By direct request of foreign governments and their agencies and based on reciprocity agreements, tax information may be provided in the case where it is required for fiscal control purposes or to act in tax or criminal proceedings.
In such an event, the requesting government or agency must be required, both the express commitment of its exclusive use for the purposes object of the information requirement, as well as the obligation to guarantee the due protection to the reservation which amuses the supplied information ".
ARTICLE 44. OPPORTUNITY TO PASS EVIDENCE TO THE FILE. Add article 744 of the Tax Statute with the following numerals:
" 8. Have been obtained and held in compliance with reciprocal inter-institutional information exchange agreements, for fiscal control purposes with entities of the national order or with foreign government agencies.
9. Have been practiced by foreign authorities at the request of the Tax Administration, or have been practiced directly by duly commissioned Tax Administration officials according to the law. "
OTHER PROVISIONS
ARTICLE 45. SOURCE RETENTION RATE FOR FEES AND SERVICES. Modify paragraph 3o. and add a paragraph to article 392 of the Tax Statute, which will remain so:
" The withholding tax on the source for fees and commissions, collected by taxpayers who are not required to provide income and supplementary income, is ten percent (10%) of the value of the corresponding payment or credit. The same rate shall apply to payments or credits in the account of consultancy contracts and fees in the contracts of delegated administration. The withholding rate at the source for the taxpayers required to declare will be that indicated by the National Government.
The rate of withholding tax for services received by taxpayers who are not required to provide income and supplementary income is six percent (6%) of the value of the corresponding payment or credit. The withholding rate at the source for the taxpayers required to declare will be that indicated by the National Government. "
