Why The Tax Status Of Taxes Administered By The Tax And Customs Amending

Original Language Title: Por la cual se modifica el estatuto tributario de los impuestos administrados por la Dirección de Impuestos y Aduanas Nacionales

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Law 1111 of 2006 (December 27)
Official Gazette No. 46494 of December 27, 2006 CONGRESS OF THE REPUBLIC

Whereby the tax status of taxes administered by the Department amending National Tax and Customs. Summary

Term Notes Effective Jurisprudence



THE CONGRESS OF COLOMBIA DECREES: CHAPTER I.

INCOME TAX AND SUPPLEMENTARY.

ARTICLE 1o. Hereby added to Article 23 of the Tax Code with the following paragraph:
"There are tax payers and additional income, associations of community homes authorized by the Colombian Institute of Family Welfare".
Article 2.
. Amend section 64 of the Tax Code, which will read:
"Article 64. Reduction of the final inventory shortages of goods. In the case of goods easy destruction or loss, units ending inventory can be reduced by up to three percent (3%) of the sum of the initial inventory plus purchases. If the occurrence of acts constituting force majeure is demonstrated, can be accepted largest decreases.
When the cost of goods sold is determined by the perpetual inventory system, be deductible goods decreases occurred in easy destruction or loss, provided that the event giving rise to the loss or destruction is demonstrated up three percent (3%) of the sum of the initial inventory plus purchases.
The decrease affecting the cost, excludes the possibility of requesting that value as a deduction. "

ARTICLE 3. The Tax hereby added the following article:
"Article 68. Fiscal cost of assets. Beginning in the fiscal year 2007, determining the fiscal cost of the assets that have been subject to adjustments for inflation, it will be made based on the adjusted cost of such assets at December 31, 2006. In the case
goods depreciable, depletable or amortizable, deduction or cost for depreciation, depletion, or amortization shall be determined on the cost of the asset, excluding the adjustments referred to in articles 70, 72 and 90-2 of this Statute, Article 65 Act 75 of 1986, Article 16 of Law 49 of 1990, no inflation adjustments on such items, or inflation adjustments to higher tax values ​​arising from differences between the tax cost of property and property valuation when this shall have been taken as equity at December 31, 1991 ". Effective Jurisprudence


ARTICLE 4. Amend section 115 of the Tax Code, which reads as follows:
"Article 115. Deduction of tax paid. It is deductible hundred percent (100%) of the tax industry and commerce, signs and billboard, and property taxes, which actually have been paid during the taxable year or period as long as they have a causal link with the taxpayer's economic activity. The deduction referred to in this article may in no case be treated simultaneously as cost and expense of the enterprise.
Also be deductible twenty-five percent (25%) of the Taxation of Financial Transactions actually paid by taxpayers during the respective fiscal year, whether or not it has causal relationship ng to the economic activity of the taxpayer, provided that duly certified by the withholding agent ".

The 5th ITEM. Modifícanse first and sixth paragraphs of Article 147 of the Tax Code, which are as follows:
"Article 147. Compensation of tax losses of companies. Companies may offset tax losses adjusted for tax, with net ordinary income obtuvieren in the following taxable periods without prejudice to the presumptive income for the year. The losses of the companies will not be transferable to members.
The tax losses from not constitute rental income or windfall profit, and costs and deductions that have no causal link with the generation of taxable income in any case be offset by the taxpayer's net income, except those generated in the deduction for investment in fixed assets Article 158-3 of this Statute "means.

ARTICLE 6o. Amend section 149 of the Tax Code, which reads as follows:

"Article 149. Losses on disposal of assets. The value of the adjustments made on fixed assets referred to Articles 73, 90-2 and 868 of this Statute and Article 65 of Law 75 of 1986 shall not be taken into account in determining the value of loss in the disposal of assets. For this purpose, part of the cost adjustments for inflation calculated in accordance with the disposal regulations until the tax year 2006 ". Effective Jurisprudence


ARTICLE 7. Amend section 150 of the Tax Code, which will read:
"Article 150. Losses suffered by natural persons in agricultural activities. Losses of individuals and illiquid estates in agricultural enterprises will be deductible in the next five years to its occurrence, as long as deducted only income of the same nature and operations of the company are accounted for in accordance with accounting principles generally accepted. This deduction shall be without prejudice to the presumptive income. "

Article 8. Amend Article 158-3 of the Tax Code, which reads as follows:
"Article 158-3. Deduction for investment in fixed assets. As of January 1, 2007, individuals and legal taxpayers of income tax may deduct forty percent (40%) of the value of actual investments made only acquired real productive fixed assets, even in the form financial leasing I irrevocable purchase option, according to regulations issued by the National Government. Taxpayers who make use of this deduction shall not receive the benefit provided for in Article 689-1 of this Statute. Effective Jurisprudence


The use of this deduction does not generate taxable earnings of the partners or shareholders.
The deduction for investment in fixed assets may be applied only during those acquired fixed assets which have not been subject to any other transaction between subsidiaries or affiliates accionariamente or with the same majority shareholder composition and the declarant the event that any.
PARÁGRAFO. Taxpayers who acquire depreciable assets as of January 1, 2007 and use the above deduction may only depreciate those assets by the straight-line method in accordance with the provisions of this Statute. "

Article 9. Amend section 188 of the Tax Code, which reads as follows:
"Article 188. Base and percentage of presumptive income. For purposes of income tax, it is assumed that the taxpayer's net income is not less than three percent (3%) of its liquid assets on the last day of the immediately preceding fiscal year. " Effective Jurisprudence


Article 10. Amend Article 189 of the Tax Code, which reads as follows:
"Article 189. Debugging the basis of calculation and determination. Of the total net worth last year, which serves as the basis for the calculation of presumptive income may be deducted only the following values:
a) The net asset value of the contributions and shares owned in national companies;
B) The net asset value of the property affected by events constituting force majeure, provided that proof of the existence of these facts and the proportion that influenced the determination of a lower net income;
C) The net asset value of the assets linked to companies in non-productive period;
D) As of the fiscal year 2002 the net asset value of the assets directly linked to companies whose sole corporate purpose is different from the mining exploitation of liquid and gaseous hydrocarbons;
E) The first nineteen thousand (19,000) UVT assets of the taxpayer for the agricultural sector will be excluded from the application base of the presumptive income on liquid assets;
F) The first thirteen thousand (13,000) UVT value room housing the taxpayer;
The value initially obtained presumptive income, taxable income generated will be added by the exempt assets and this will be the value of the presumptive income that compares to net income determined by the ordinary system.
PARÁGRAFO. Excess presumptive income on ordinary net income may be offset with ordinary net income determined within five (5) years, fiscally readjusted. " Effective Jurisprudence


Article 11. Amend Article 191 of the Tax Code, which reads as follows:

"Article 191. Exclusions presumptive income. The presumption in Article 188 excludes:
1. The special regime entities covered by Article 19.
2. Companies public utilities.
3. Mutual funds, securities, common, pension or severance referred to in Articles 23-1 and 23-2 of this Statute.
4. System companies urban public service mass transit and mass transportation companies passenger subway system.
5. The utilities that develop complementary power generation activity.
6. The official providers of services entities wastewater treatment and washing.
7. Concordat societies.
8. Companies in liquidation for the first three (3) years.
9. The entities subject to the control and surveillance of the Banking Superintendency has been decreed them the liquidation or have been the subject of takeover, for the reasons indicated in subparagraphs a) or g) of Article 114 of the organic statute of the financial system.
10. Land banks of local authorities intended to be urbanized with social housing.
11. The event centers and conventions which mostly involved the Chambers of Commerce and constituted as industrial and commercial enterprises of the State or companies of mixed economy in which the participation of state capital exceeds 51%, provided they are properly authorized by the Ministry of Commerce, Industry and Tourism.
12. Corporations of a public nature, whose main purpose is the acquisition, sale and administration of non-performing assets owned or acquired from credit institutions of the same nature.
13. As of January 1, 2003 and the term of validity of the exemption, the assets related to the activities referred to in paragraphs on the 1st, 2nd, 3rd, 6th and 9th Article 207-2 of this Statute, under the terms set the rules. " Effective Jurisprudence


Modifícanse ARTICLE 12. Articles 240 and 241 of the Tax Code, which are as follows:
"Article 240. Fee for domestic and foreign companies. The flat rate on taxable income of corporations, limited partnerships and other entities treated as one and the other, in accordance with the relevant rules, including partnerships and other foreign entities of any nature, is the thirty-three percent (33%).
PARÁGRAFO. References to the rate of thirty-five percent (35%) under this Statute, must be understood amended in accordance with the rates provided for in this article.
PARÁGRAFO TRANSIENT. For the fiscal year of 2007 the rate which this article refers to will be thirty-four percent (34%) ".
"Article 241. Fee for residents and foreign natural persons and manners assignments and donations. Corresponding to the taxable income of Colombian natural persons, successions of Colombian cause, foreign natural persons resident in the country, of successions of foreign residents causing in the country and goods for special purposes, tax manners of donations or assignments, is given in the table contained in this article.
TABLE OF INCOME TAX AND SUPPLEMENTARY RANGES IN UVTTARIFA MARGINALIMPUESTO


DESDEHASTA> 01.0900% 0
> 1.0901.70019% (taxable income or taxable profit expressed in occasional least 1,090 UVT UVT ) * 19%
> 1.7004.10028% (taxable income or taxable capital gains tax expressed in UVT least 1,700 UVT) * 28% UVT 116
> 4.100En adelante33% (taxable income or taxable capital gains tax expressed in UVT least 4,100 UVT) * 33% UVT 788
PARÁGRAFO TRANSIENT. For the fiscal year of 2007, the rate referred to the last range of the table will be the thirty-four percent (34%) ".
ARTICLE 13.
hereby added to Article 245 of the Tax Code with the following paragraph:
"Paragraph 5O. Beginning in the fiscal year 2007, the rate for the first paragraph of this article will be zero percent (0%) "refers.
ARTICLE 14.
hereby added the Tax Code the following article:

"Article 249. Investments in shares of agricultural companies. Taxpayers who invest in shares that are publicly traded in exclusively agricultural enterprises, which share ownership is highly democratized as established by the regulations, shall be entitled to deduct the value of the investment, not to exceed one percent (1%) of the net taxable income of the taxable year in which the investment is made.
The discount which this article refers to the taxpayer shall always hold the investment for a term not less than two (2) years. "

Article 15. Amend Article 254 of the Tax Code, which reads as follows:
"Article 254. taxes paid abroad. National taxpayers who receive income from foreign sources, subject to income tax in the country of origin, are entitled to deduct the amount of Colombian tax income, paid abroad on that same income, provided that the discount does not exceed the amount of tax payable by the taxpayer in Colombia for that same income.
In the case of dividends or interest received from companies domiciled abroad, such dividends or shares will result in a tax discount on income tax, equivalent to the result of multiplying the amount of dividends or interest, the rate income tax which have undergone the profits generated in the head of the issuing company. When dividends have been taxed in the country of origin, the discount will be increased by the amount of such tax. In any case the discount referred to in this paragraph may exceed the amount of income tax generated in Colombia by such dividends. "
ARTICLE 16.


Term Notes Editor's Notes

Effective Jurisprudence

Legislation Previous

ARTICLE 17.
hereby added Article 267 of the Tax Code with the following paragraph:
"Beginning in the fiscal year 2007, determining the asset value of the nonmonetary assets, including property, which have been subject to adjustments inflation, will be made based on the adjusted cost of such assets at December 31, 2006, unless the special rules enshrined in the following articles. " Effective Jurisprudence


ARTICLE 18. Amend paragraph of Article 271-1 of the Tax Code, which reads as follows:
"Parágrafo. For purposes of determining the income tax and complementary, the trustees shall issue each year, each of the beneficiaries of the trust charge, a certificate indicating the value of their rights, income accumulated to December 31 the respective year, although they have not been settled definitively and returns the last fiscal year. If the figures incorporate inflationary adjustments in accordance with current standards until fiscal year 2006, they should make clarifications rigor ". Effective Jurisprudence

ARTICLE 19.
hereby added an article to the Tax Code, which reads as follows:
"Article 273. Revaluation of equity. Beginning in the fiscal year 2007 and for all purposes, the balance of the equity revaluation account recorded at December 31, 2006, is part of the assets of the taxpayer.
The value reflected in this account may not be distributed as income to the partners or shareholders, until the company is liquidated or such value in accordance with the provisions of Article 36-3 of this Statute, in which case they are capitalized distribute as income untaxed income tax and complementary ". Effective Jurisprudence


Article 20. Amend Article 277 of the Tax Code, which reads as follows:
"Article 277. Asset Value property. The obligation to keep books taxpayers must declare the property by the tax cost, determined in accordance with the provisions of Chapters I and III of Title II of Book I of this Statute and Article 65 of Law 75 of 1986.
the not required to keep books must declare the property by the higher value between the acquisition cost taxpayers, the tax cost, self-appraisal or property valuation updated at year end, subject to the provisions of articles 72 and 73 of this Statute. Buildings or improvements not incorporated for purposes of assessment or tax cost in the respective cabinet must be declared separately.
The provisions of this Article shall apply without prejudice to the provisions of Article 90-2 of this Statute. "


Article 21. Amend Article 280 of the Tax Code, which reads as follows:
"Article 280. Adjustment to tax 'assets. Taxpayers may adjust annually the cost of goods having the character of fixed assets in the same percentage as the Tax Value Unit, except for natural persons is set when may have opted for the adjustment provided for in Article 73 of the Statute ".

Article 22. Amend Article 281 of the Tax Code, which reads as follows:
"Article 281. Effects of fiscal adjustment. The fiscal adjustment about assets takes effect for the determination of:
Income on disposal of fixed assets.
The occasional gain on the disposal of assets which have been part of the fixed assets of the taxpayer for a term of two (2) years or more.
Presumptive Income.
The liquid assets. "

Article 23. Amend Article 383 of the Tax Code, which reads as follows:
"Article 383. Fee. The withholding tax applicable to taxable payments made by the natural or legal persons source, societies in fact, organized communities and illiquid successions, arising from employment or legal relationship, will be the result of applying such payments the following table of withholding tax:
tABLE oF wITHHOLDING INCOME fOR LABOUR PLEDGES

RANGES iN UVTTARIFA MARGINALIMPUESTO DESDEHASTA
> 0950% 0
> 9515019% (Income labor taxed expressed in UVT least 95 UVT) * 19%
> 15,036,028% (expressed in labor income taxed less than 150 UVT UVT) * 28% plus 10 UVT
> 360En adelante33% (expressed in labor income taxed less UVT 360 UVT) * 33% 69 UVT
PARÁGRAFO. For purposes of the application of Process 2 Article 386 of this Statute, the value of the tax in certain UVT in accordance with the table in this article refers to, is divided by the total labor income taxed turned UVT, so which rate applicable to monthly income retention is obtained.
PARÁGRAFO TRANSIENT. For the fiscal year of 2007, the rate referred to the last range of the table will be the thirty-four percent (34%) ".

Matches
Article 24. Amend Article 419 of the Tax Code, which reads as follows:
"Article 419. For the acceptance of costs and deductions for payments abroad is necessary to prove the appropriation respective tax withholding. Without prejudice to the requirements under the existing rules for the acceptance of costs incurred abroad that have causal link with income source within the country, the taxpayer should retain proof of appropriation of the retained by way of income tax if you paid or credited to an account it is taxable income to the beneficiary in Colombia and comply with regulations under the existing exchange rate regime in Colombia ".
CHAPTER II.
Estate tax.

Article 25. Amend Article 292 of the Tax Code, which reads as follows:
"Article 292. Tax heritage. Angels for taxable years 2007, 2008, 2009 and 2010, believe the estate tax by legal, natural and societies in fact, taxpayers reporting tax income people. For purposes of this assessment, the concept of wealth is equivalent to the total liquid assets of the obligor.
PARÁGRAFO. Taxpayers may charge the estate tax against the equity revaluation account, without affecting the results of the exercise. " Effective Jurisprudence


Article 26. Amend Article 293 of the Tax Code, which reads as follows:
"Article 293. Made generator. The tax that the above article refers to is generated by the possession of wealth to January 1, 2007, whose value is equal to or greater than three billion pesos ($ 3.000.000.000) ". Effective Jurisprudence


Article 27. Amend Article 294 of the Tax Code, which reads as follows:
"Article 294. Causation. The estate tax is due on January 1 of each year for the years 2007, 2008, 2009 and 2010 ". Effective Jurisprudence


Article 28. Amend Article 295 of the Tax Code, which reads as follows:

"Article 295. Taxable Base. Taxable estate tax is constituted by the value of the liquid assets of the taxpayer owned on 1 January 2007, determined under the provisions of Title II of Book I of this Statute, excluding the net asset value of the shares or contributions owned in national companies, as well as the first two hundred twenty million pesos ($ 220 million) of the value of the house or apartment room ". Effective Jurisprudence


Article 29. Amend Article 296 of the Tax Code, which reads as follows:
"Article 296. Fee. The estate tax rate is the one-point-two (1.2%) per year, the tax base established under the previous article ". Effective Jurisprudence


Article 30. Amend Article 298 of the Tax Code, which reads as follows:
"Article 298. Declaration and payment. The estate tax must be paid on the official form for that purpose prescribed by the Tax and Customs and present with payment at banks and other entities authorized to collect located within the jurisdiction of the Administration of Tax and Customs or National Tax that applies to the taxpayer of this tax domicile, within the time limits for that purpose regulating the national government. Effective Jurisprudence


CHAPTER III.
SALES TAX.

Article 31. Amend Article 424 of the Tax Code in the following sense:
- Adiciónanse the following goods, which are excluded from sales tax:
01.02Animales live bovine, including buffalo gender (except the bulls)
01.03Animales live swine
live sheep or goats
01.05Gallos, chickens, ducks, geese, turkeys (turkeys) and painted 01.04Animales , of domestic species, live 01.06Los

03.01Peces other live animals alive, except ornamental fish of the 03.01.10.00.00 position.
04.04.90.00.00Productos consisting of natural milk components.
06.02.20.00.00Plántulas for planting.
09.09.20.10.00Cilantro for planting.
Personal desktops or laptops, whose value does not exceed eighty-two (82) UVT ".
ARTICLE 32.
hereby added the Tax Code the following article:
"Article 462-1. Services taxed at the rate of 1.6%. In grooming services in the surveillance authorized by the Superintendency of Private Security, in temporary employment provided by persons authorized by the Ministry of Social Protection companies and those provided by cooperatives and pre-cooperatives associated work as hand work is concerned, supervised by the Superintendency of Solidarity or Economy his substitute, to which have been issued registration resolution by the Ministry of social Protection, schemes associated work, compensation and social security, rate will be 1.6%.
To be eligible for this benefit the taxpayer must have complied with all labor obligations or compensation if it is pre-cooperatives cooperatives and associated work and those relating to social security ".

Article 33. Amend Article 468-1 of the Tax Code, which reads as follows:
"Article 468-1. Goods taxed at the rate of ten percent (10%). As of January 1, 2007, the following assets are taxed at the rate of ten percent (10%):
09.01Café roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion, including soluble coffee.
10.01Trigo and meslin (meslin) 10.05Maíz for industrial use


10.06Arroz for industrial use 11.01Harina wheat or meslin (meslin)
11.02Las other cereal flours || | 12.09.99.90.00Semillas for sugar cane
16.01Embutidos and similar products of meat, offal or blood, food preparations based on these products
16.02Las other prepared or preserved meat, meat offal or
blood 17.01Azúcar cane or beet sugar 17.02.30.20.00Jarabes


17.02.30.90.00Las other glucose 17.02.40.20.00Jarabes 17.02.60.00.00Las
other fructose and fructose syrup, fructose, containing in the dry state more than 50% by weight
17.03Melazas extraction or refining of sugar
18.03Cacao mass or breads (cocoa paste) even scoured
18.05Cacao powder, unsweetened
18.06Chocolate and other food preparations containing cocoa, other than chewing gum, chocolates, sweets, candies and chocolates

19.02.11.00.00Pastas Uncooked, stuffed or otherwise prepared, containing eggs

19.05Productos 19.02.19.00.00Las other baked goods, wares, whether or not containing cocoa, except bread.
Cotton 52.01Fibras "

Article 34. Amend Article 468-3 of the Tax Code, which reads as follows:
"Article 468-3. Services taxed at the rate of ten percent (10%). As of January 1, 2007, the following services are taxed at the rate of ten percent (10%):
1. Prepaid plans and complementary medicine, insurance policies surgery and hospitalization insurance policies and health services in general additional plans in accordance with current standards.
2. Social services workers clubs or sports and pensioners.
3. Accommodation services provided by hotels or lodging establishments.
4. The fees received by the placement of health plans prepaid system, issued by the legally authorized by the National Health entities.
5. Storage of agricultural products from bonded warehouses and commissions directly related to negotiations products of agricultural origin that are made through bags legally constituted agricultural products.
6. The service leasing different from those intended for housing and spaces for exhibitions and shows National Artisanal properties.
PARÁGRAFO. When a business establishment out joint activities restaurant, cafe, bakery-, pastry and / or biscuits are carried, it is understood that the sale is made as restaurant services taxed at the general rate ".

Amend Article 35 paragraph 3, adiciónese a numeral and amend the second paragraph of Article 469 of the Tax Code, which are as follows:
three. Vehicles for the transport of goods of heading 87.04.
6. The air aircraft teaching up to two squares and public service.
Also, the overall rate of sales tax to motor scooters and motorcycles will apply to 185 cc, the chassis cabs and bodies of heading 87.06 and 87.07, as long as one and the other intended motor vehicles of numerals mentioned in this article. "

Article 36. Amend Article 471 of the Tax Code, which reads as follows:
"Article 471. Rates for other vehicles, ships and aircraft. As of January 1, 2007, fijanse the following rates for the import and sale by the importer, producer or marketer, or where they may be the result of service mentioned in Article 476, of the goods listed below :
1. Rate of twenty percent (20%)
a) of heading 87.03 camperos whose FOB value or the equivalent of FOB value, as appropriate, is less than thirty thousand dollars of North America (US $ 30,000) as well as its chassis and bodies, including cabs.
B) Pleasure boats and sport heading 89.03, manufactured or assembled in the country.
2. Rate of twenty percent (25%)
a) Motor vehicles of heading 87.03 of the customs tariff, whose FOB value or the equivalent of FOB value, as applicable, is less than thirty thousand dollars of North America (US $ 30,000) as well as its chassis and bodies, including cabs, except campers.
B) Motorcycles and motorbikes, with more than 185 cc engine 3
. Rate of thirty-five percent (35%)
a) Motor vehicles including jeeps heading 87.03 of the tariff schedule, and Pick-Up, whose FOB value or the equivalent of FOB value, as appropriate , is equal to or greater than thirty thousand dollars of North America (US $ 30,000) as well as its chassis and bodies, including cabs.
B) Private air aircraft.
C) Pleasure boats and sport heading 89.03, imported ".
ARTICLE 37.
the Tax hereby added the following article:
"Article 470. Service taxed at the rate of twenty percent (20%). As of January 1, 2007, the mobile phone service is taxed at the rate of 20%.
The increase of 4% referred to in this article will be earmarked for social investment and to be distributed as follows:

- 75% for the sector plan development, promotion and development of sport, recreation, sports venues including access in areas of influence thereof, and to the attention of national sports games and national paralympic games, the Olympic and Paralympic commitments cycle to acquire the Nation and the preparation and participation of athletes in all these games and only national calendar.
- The remaining 25% will be turned to the Capital District and departments so that through an agreement with the municipalities and / or districts submit projects that are properly considered viable, it is intended for development programs and sports development and infrastructure, serving the criteria of the general participation system, established by Law 715 of 2001 and also the encouragement, promotion and development of Colombian culture and artistic activity.
The municipalities and / or districts whose cultural and artistic activities have been declared intangible cultural heritage by the United Nations Educational, Scientific and Cultural Organization, Unesco, shall be entitled to the percentage allocated is allocate fifty percent (50%) for the protection and promotion of these activities.
PARÁGRAFO. The Ministry of Finance and Public Credit or the Tax and Customs shall report annually to the economic committees of the Congress, the amount collected from this tax and the destination of the same. "
ARTICLE 38.
hereby added Article 476 of the Tax Code with the following paragraphs:
. "7 The reinsurance brokerage services.
9. The marketing of live animals and slaughter service. "
10. Promotion and services provided by sports promotion sports clubs defined in article 2 of Decree Law 1228 of 1995 ".
13. Commissions paid for services rendered for the development of asset securitization processes through universals and pension trusts whose payment is made exclusively from resources such universals or pension trusts. Effective Notes

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Article 39 Amend paragraph 1 of Article 499 of the Tax Code, which reads as follows:
"1. In the previous year they have obtained total gross income from lower activity four thousand (4,000) UVT ".
CHAPTER IV.
Taxing financial transactions.
ARTICLE 40.
hereby added Article 871 of the Tax Code with the following paragraph:
"Paragraph 2o. The movement and fertilizer checking or savings to be made in currency trading account is considered one operation until payment to the holder of the exchange transaction, for which the exchange intermediaries should identify current or savings account by which have the resources. The tax on financial transactions is caused by the beneficiary of the exchange transaction where the payment is in cash, check that you have not put restriction "to record current account or savings of the first beneficiary" or if the recipient of the exchange transaction has the resources through mechanisms such as debit current account, savings or accounting ".

Article 41. Amend Article 872 of the Tax Code, which reads as follows:
"Article 872. Rate of Tax on Financial Movements. The rate of the tax on financial transactions will be four per thousand (4 x 1000) ".
ARTICLE 42.
Modifícanse the 1st paragraph of paragraph 1, paragraphs 5, 7, 11 and 14 and a numeral and hereby added a paragraph to Article 879 of the Tax Code, which are as follows:
"1. The withdrawals made from savings accounts opened in financial institutions and / or cooperative financial or credit unions supervised by the Financial Superintendence or Solidarity respectively Economy, not exceeding monthly three hundred fifty (350) UVT, for which the account holder must indicate in writing to the respective credit institution or credit union, that account will be the only beneficiary of the exemption.

5. Interbank loans and the provision of resources arising from repurchase transactions and simultaneous operations and temporary transfer of securities on materialized securities or dematerialized, made exclusively between entities supervised by the Financial Superintendence of Colombia, between these and intermediaries of securities registered in the National Register of market agents or between such controlled entities and the General Treasury of the Nation and the treasuries of public bodies.
7. The clearing and settlement is conducted through clearing and settlement administered by authorized for this purpose with respect to operations carried out in the stock market, derivatives, currency or bags of agricultural products or other commodities entities, including guarantees given for participants and related to the administration of securities in the central securities depositories payments.
11. Credit disbursements by crediting the account by issuing checks or performing credit institutions, financial cooperatives activity or credit union supervised by the Financial Superintendence or respectively Solidarity Economy.
14. Transfers to be made between current and / or open savings accounts in the same credit institution, cooperative financial activity or credit union supervised by the Financial Superintendence or Solidarity Economy respectively on behalf of one and the same holder.
This exemption shall also apply where the transfer is made between collective savings accounts and checking accounts or savings accounts belonging to one and the same holder, provided they are open on the same credit institution.
The withdrawals made special savings accounts that pensioners open to deposit the value of their pension payments up to the amount thereof, when these are equivalent to forty-one (41) Tax Value Units, UVT, or unless they are exempt from Tax on Financial Movements. Pensioners can open and dial another account in the same credit for the exemption to paragraph 1 of this article refers to.
18. Withdrawals performing community homes associations authorized by the Colombian Family Welfare Institute, the resources allocated by this entity.
19. The provision of resources and s accounting debits respect of the first sixty (60) Units of Tax Value, UVT, monthly generated by the payment of money orders from abroad, which are channeled through entities subject to inspection and surveillance Financial Superintendency. PARAGRAPH 3.
. Taxpayers beneficiaries of tax stability contracts that regulated article 240-1 of this Statute, are excluded from the Tax on Financial Movements during the term of the contract, for wholly owned operations as a taxable person tribute, for which the legal representative you must identify the current account or savings which manage resources exclusively.
When the beneficiary taxpayer tax stability contract is withholding agent of the Tax on Financial Transactions, you must comply with all legal obligations under this condition, operations made by users or when developing their activities should transactions in which the result is the extinction of obligations of his client. " Effective Jurisprudence



CHAPTER V. PROCEDURE RULES.

Article 43. Amend Article 559 of the Tax Code, which reads as follows:
"Article 559. Submission of written and resources. Requests, resources and other writings to be submitted to the Directorate of National Taxes and Customs, may be made in person or electronically.
1. Personal presentation
Written taxpayer must be submitted in the administration to which they are addressed, personally or through an intermediary, to display the identity of the signatory and in case of special proxy, the corresponding professional card.
The signatory is in a different place can present them to any local authority who will record their personal appearance.
The terms for the administration that is competent begin to run from the day following the date of its receipt.
2. electronic filing

For all legal purposes the presentation means filled at the time the acknowledgment at the address or Web site assigned by the DIAN occurs. Such acknowledgment is the electronic record of the date and time when the reception takes place in the e-mail address. When electronic notification will correspond to Colombian official.
For purposes of the performance of the Administration, the terms are counted from the business day following receipt.
When for technical reasons the Department of cough Impues and Customs can not access the contents of the letter, shall so inform the relevant person to submit the application in the physical environment, within five (5) working days such communication. In this case, the written request or complaint shall be deemed submitted on the date of the first electronic submission and Administration terms begin to run from the date of receipt of the physical documents. When sending attachments and documents which by their nature and effects can not be sent electronically necessary, they shall be communicated on the same date by registered mail or shall cleave to the competent office, provided it is within the terms for the respective performance.
The technical and security mechanisms required for the presentation in electronic media shall be determined by resolution by the Director of National Tax and Customs.
For purposes of presentation of communications containing resource requirements and answers to objections, refund applications petition rights and all those who require personal presentation, it is understood that formality accomplished with electronic filing, with digital signature".

Article 44. Amend Article 560 of the Tax Code, which reads as follows:
"Article 560. Competition for the exercise of functions. They are competent to proffer the actions of the tax administration officials and units of the same, according to the functional structure established in exercise of the powers provided in section 16 of Article 189 of the Constitution.
Likewise, the relevant officials of the executive level, may delegate the functions assigned by law officials in executive or professional level of the units under their responsibility by resolution to be approved by the top of it. In the case of the Director General of the Directorate of National Taxes and Customs, this resolution does not require such approval.
Case of failure of appeals for reconsideration against the various acts of tax determination and impose sanctions, and generally other resources whose jurisdiction is not granted to certain official or office, functional competence corresponds discussion: | || 1. When the amount of the act under appeal, including any penalties imposed, less than seven hundred fifty (750) UVT will be competent to adjudicate appeals for reconsideration, officials and units of the Tax Administration, Customs and Tax and Customs nationals who uttered the act under appeal, according to the functional structure established.
2. When the amount of the act under appeal, including any penalties imposed, not less than seven hundred fifty (750) UVT, but less than five thousand (5,000) UVT will be competent to adjudicate appeals for reconsideration, officials and dependencies Tax Administration, Customs or National Tax and Customs Department of the capital in which the Administration is located that uttered the contested act, according to the functional structure to be established.
3. When the amount of the act under appeal, including any penalties imposed is not less than five thousand (5,000) UVT, be competent to adjudicate appeals for reconsideration, officials and agencies at the central level of the Directorate of National Taxes and Customs according to the functional structure established.
This also applies in the case of direct reversal against acts of tax determination and impose sanctions, whose jurisdiction is not granted to certain official or office.
For purposes of the provisions in paragraphs 1, 2 and 3 of this Article, it is understood that the amount of the act under appeal includes the highest values ​​determined by taxes and penalties.

In the case of acts without amount shall be competent to adjudicate appeals for reconsideration officials and agencies Tax Administration, Customs or National Tax and Customs that handed down the contested act, according to the functional structure is established.
Reconsideration resources are confirmed or denied must be proffered by motivated resolutions. For purposes of the provisions in paragraphs 1, 2 and 3 of this Article shall be competent to hear appeals for reconsideration on appeal, officials and agencies of the Administration of Tax and Customs that according to the functional structure are superior hierarchically one who uttered the ruling.
PARÁGRAFO. In the case of failure of the resources that the numeral 3 refers to, prior to the adoption of the decision and when so requested by the taxpayer, the case shall be submitted to the review of the Technical Committee shall be composed of the Minister of Finance and Public Credit or his delegate, the director General of National Tax and Customs or his delegate, the Head of the Legal Office or his delegate and speaker lawyers and revising the draft decision.
PARÁGRAFO TRANSIENT. The provisions of this Article shall apply once issued by the Government's decree functional structure of the Tax and Customs. Until this decree occurs, continue in force the established powers under the current structure. "

Article 45. Amend Article 565 of the Tax Code, which reads as follows:
"Article 565. Forms of notification of the actions of the tax administration. Requirements, cars to order inspections or tax checks, sites, subpoenas, resolutions sanctions, official settlements and other administrative measures are imposed, must be notified electronically, personally or through the official network of mail or any courier specialized duly authorized by the competent authority.
The orders that decide resources shall be notified personally or by edict if the taxpayer, responsible, withholding agent or declarant fails to appear within the term of ten (10) days, counted from the date of introduction to e the appointment notice. This event will also be electronic notification. PARAGRAPH 1.
. Mail notification of the actions of the administration, tax, customs or exchange matters will be performed by receiving a copy of the act in the last address reported by the taxpayer, responsible, withholding agent or declarant in the Single Tax - RUT . These events also proceed electronic notification. Effective Jurisprudence


When the taxpayer, responsible, withholding agent or declarant has not reported an address to the tax administration, the appropriate administrative action may notify the administration by establishing direct or through the use of telephone directories verification, directories and generally official, commercial or banking information. Where it has not been possible to establish the direction of the taxpayer, responsible, withholding agent or declarant, by any of the aforementioned means, acts of administration will be notified by publication in a newspaper of national circulation.
When the notification is made to a different to that reported in the Single Tax, RUT address, there will be room to correct the error within the period foreseen for the notification of the act. PARAGRAPH 2.
. When during the processes that should be presented before the tax administration, the taxpayer, responsible, withholding agent or declarant, acting by proxy, the notification shall become the last address that the proxy may have registered in the Single Tax, RUT. PARAGRAPH 3.
. The actions and notifications made through electronic information services of the Directorate of National Taxes and Customs and closed digital certification will be free, under the terms of Law 527 of 1999 and its regulations. "

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