ACT 1430 2010
Official Gazette No. 47937 of December 29, 2010 CONGRESS OF THE REPUBLIC
Through tax rules which dictate control and competitiveness . Summary
Term Notes Effective Jurisprudence
CONGRESS OF COLOMBIA DECREES
ARTICLE 1o. DISPOSAL SPECIAL DEDUCTION FOR INVESTMENT IN FIXED ASSETS REAL PRODUCTIVE. The following paragraph is hereby added to Article 158-3 of the Tax Code:
PARAGRAPH 3.. Beginning in the fiscal year 2011, any taxpayer income tax and may use additional deduction in this article.
Who prior to November 1, 2010 have submitted application for legal stability contracts, including stabilizing the deduction for investment in fixed assets this Article and whose premium is set based on the total value of concerns investment object stability, may sign legal stability contract in which such deduction is included. In these cases, the term of legal stability of the special deduction may not exceed three (3) years. " Effective Jurisprudence
. INDUSTRIAL USERS CONTRIBUTION electricity sector. Amend the 2nd paragraph and adiciónese a new paragraph to Article 211 of the Tax Code, as amended by Article 13 of Law 633 of 2000, which shall read as follows: PARAGRAPH 2.
. For the purposes of the surtax or special contribution in the electricity sector which Article 47 of Law 143 of 1994, shall apply to industrial users, for residential users of the strata 5 and 6, and for commercial users, twenty percent (20%) of the cost of providing the service.
Industrial users are entitled to deduct income tax charge for the fiscal year 2011, fifty percent (50%) of the total value of the surtax that this paragraph refers to. The application of the discount provided herein exclude the possibility of applying the surcharge as deductible from gross income.
From the year 2012, those users will not be subject of the collection of the surcharge. Likewise, the government will establish who is the beneficiary of the discount industrial user and subject of this surtax. Effective Jurisprudence
. For the purposes of the preceding paragraph, the Government shall regulate the conditions for providers of public services, to respect this article, ensure adequate control, between different classes of users of electricity service. "
ARTICLE 3. ELIMINATION LEVY FINANCIAL MOVEMENTS. Article 872 is hereby added of the Tax Code with the following paragraphs and paragraphs:
"The tax rate in this article refers to will be reduced as follows:
- two per thousand (2x1.000) in 2014 and 2015
- one per thousand (1x 1,000) in 2016 and 2017
- at zero per thousand (0x1.000) in the years 2018 and following.
PARÁGRAFO. From 1 January 2018 repeals the provisions of the Sixth Book of the Tax Code on the Taxation of Financial Transactions ".
PARÁGRAFO Transitory. Twenty-five percent 25% of the funds raised by the
Tax on Financial Transactions (GMF) during fiscal years 2012 and 2013
, is devoted exclusively to the Calamity Fund to meet the victims of the cold wave of 2010 and 2011.
ARTICLE 4. GMF CLEARING OPERATIONS AND SETTLEMENT OR REPURCHASE, SIMULTANEOUS OPERATIONS OR TRANSFER TEMPORARY SECURITIES. Amend paragraph 5 of Article 879 of the Tax Code which will read:
"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.
Payment transactions to third parties on behalf of the principal, trustor or principal by concepts such as payroll, services, suppliers, purchase of goods or performance of obligations outside the market are subject to the Tax on Financial Transactions, and originating in clearing and settlement of securities or simultaneous operations or temporary transfer of securities. For these cases the withholding agent is the account holder compensation and liabilities subject his client.
The 5th ITEM. GMF OPERATIONS OF CLEARING AND SETTLEMENT OF SECURITIES, DERIVATIVE CURRENCY OR EXCHANGE OR OTHER AGRICULTURAL PRODUCTS INCLUDING WARRANTIES COMODITIES. Amend paragraph 7 of Article 879 of the Tax Code which will read:
. "7 Disbursements or payments, as applicable, credited to current or savings account or by issuing checks with cross and restricted negotiability, derivatives clearing and settlement are made 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 of other commodities, including guarantees given for participants and payments for the management of securities entities central securities as long as the customer payment, principal, trustee, principal deposit is made.
Payment transactions to third parties for items such as payroll, services, suppliers, purchase of goods or performance of obligations are subject to the Taxation of Financial Transactions.
When the transaction is taxable, the withholding agent is the account holder compensation and liabilities subject his client. "
ARTICLE 6o. GMF in loan disbursements. Amend paragraph 11 of Article 879 of the Tax Code is amended as follows:
. "11 Credit disbursements by crediting savings account or current or by issuing checks with cross and restricted negotiability performing credit institutions, cooperatives with financial activity or credit union supervised by the Financial Superintendence or Solidarity Economy respectively, provided the debtor disbursement is effected when the payment is made to a third only be exempted if the debtor allocate credit to purchase housing, vehicles or fixed assets.
Disbursements or payments to third parties for items such as payroll, services, suppliers, purchase of goods or performance of obligations they are subject to the Tax on Financial Transactions, except the use of credit cards which are holders natural persons, which remain exempt.
Also are exempt disbursements made by finance companies or banks, for payment to traders of goods to be delivered to third parties under finance lease with option to purchase ".
ARTICLE 7. Adiciónese a numeral to Article 879 of the Tax Code, which will read:
"20. The withdrawals made from current accounts in banks supervised by the Financial Superintendence of Colombia, which correspond to resources of the prison population at the national and authorized by the National Penitentiary and Prison Institute INPEC, who will be the holder of the account provided they do not exceed monthly three hundred fifty (350) UVT per inmate. "
Article 8. SANCTIONS FOR VIOLATION TO THE CONDITIONS OF AN EXEMPTION. Without prejudice to any criminal, administrative and contractual as may be appropriate sanctions, which under article 1 of Law 681 of 2001 and its regulations, or rules that modify, add or replace, purchase liquid fuels derived from petroleum and not distributed within departments and municipalities located in the border areas that is the law in question or distributed in breach of the standards established for the supply of these regions will be subject to a penalty equivalent to 1000% of the value of taxes exonerated.
To this end, the Tax and Customs shall forward the statement of objections to the person or entity who will have a term of one (1) month to respond.
Response expiration of the term of the statement of objections, the Tax Administration has a period of six (6) months to implement the appropriate sanction, through the procedure provided for in the Tax Code.
This penalty may be imposed by the activities of the last three (3) years. " Effective Jurisprudence
Article 9. DISTRIBUTION OF LIQUID FUELS IN BORDER AREAS. Amend article 1 of Law 681 of 2001, which amended Article 19 of Law 191 of 1995, which will read:
"In the departments and municipalities located in border areas, the Ministry of Mines and Energy will the distribution function of liquid fuels, which are exempt from global tax, VAT and duty.
In developing this function, the Ministry of Mines and Energy is responsible for fuel distribution in certain territories, either by importing fuel from the neighboring country or attending supply with fuels produced in Colombia. The maximum amount to be distributed will be established by the Ministry of Mines and Energy - Directorate of Hydrocarbons, or his substitute, who may assign or contract wholly or partly with wholesalers and third party distributors, import, transport, storage, distribution or sale of fuels.
The fuel will be delivered exclusively to service stations and industrial marketers in the municipalities recognized as border areas, to be distributed to the fleet and large consumers consuming lower volumes to 100,000 gallons per month, in the manner prescribed under current provisions. The fuel distributed to large consumers in border areas does not enjoy the exemptions that the first paragraph of this article refers to.
Contracts transport fuels celebrate the Ministry of Mines and Energy, through the Directorate of Hydrocarbons, with wholesale distributors, retailers or third parties must expressly establish that these agents are obliged to deliver fuel directly at each service station and marketer of industrial vehicles and facilities that these serve, in accordance with the quotas allocated. PARAGRAPH 1.
. To forbid the production, importation, marketing, distribution, sale and consumption of leaded automotive gasoline in the national territory excluding the area served by the refinery Orito, Putumayo, according to regulations issued by the Government. PARAGRAPH 2.
. The Ministry of Mines and Energy will be responsible, with appropriate cost recovery, regulation and coordination of activities fuel distribution, for which plans must be established supply and may draw regulatory and tariff schemes that allow the development of the provisions of this Article, as well as working partner programs for those who exercise fuel distribution without compliance with legal standards conversion. PARAGRAPH 3.
. Establish a transition period until January 1, 2012, for the Ministry of Mines and Energy to assume the functions set forth in this Article, the period during which Ecopetrol SA and UPME continue in charge of the tasks on the matter came exercising, Ecopetrol SA and UPME sold to the Ministry of Mines and Energy, gratuitously, technological and logistical developments needed to perform these functions.
ARTICLE 10. RATES OF TAX EQUITY. Amend 1st and 2nd paragraphs and subparagraphs hereby added to Article 296-1 two of the Tax Code, which are as follows:
"Two point four percent (2.4%) on the tax base provided for in Article 295-1, when liquid assets equal to or greater than three billion pesos ($ 3 billion) and up to five billion pesos ($ 5 billion).
Four point eight percent (4.8%) on the tax base provided for in Article 295-1, when liquid assets exceed five billion pesos ($ 5 billion. "
For purposes of Article 293-1 companies which have made splitting processes during the 2010 fiscal year, should add the liquid assets held at January 1, 2011 by the split and beneficiary companies in order to determine their liability to tax. | Effective
When the sum of liquid assets held at January 1, 2011 is equal to or greater than three billion pesos ($ 3.000.000.000) and up to five billion pesos ($ 5.000.000.000), each of the spun-off companies and qualifying They shall be required to declare and pay the estate tax at the rate of two point four percent (2.4%) settled on their respective tax bases. When the sum of liquid assets held at January 1, 2011 exceeds five billion pesos ($ 5.000.000.000), each of the spun-off and qualifying companies they will be obliged to declare and pay the estate tax at the rate of four point eight percent (4.8%) respetivas settled on their tax bases. Effective Jurisprudence
Likewise, for the purposes of Article 293-1 natural or legal persons who, in accordance with Law 1258 of 2008, have established simplified joint stock companies during the 2010 fiscal year, should add the possessed liquid assets to 1o January 2011 by natural or legal persons who constituted the respective SAS and in order to determine their liability to tax. Effective Jurisprudence
When the sum of liquid assets held at January 1, 2011 is equal to or greater than three billion pesos ($ 3.000.000.000) and up to five billion pesos ($ 5.000.000.000), natural persons or legal entities that constituted and that each of the SAS shall be required to declare and pay the estate tax at the rate of two point four percent (2.4%) paid on their respective tax bases. When the sum of liquid assets held at January 1, 2011 exceeds five billion pesos (5.000.000.000), natural or legal persons who constituted and each of the SAS are obliged to declare and pay tax heritage at the rate of four point eight percent (4.8%) paid on their respective tax bases. Natural or legal persons that constituted jointly liable for the estate tax, updating and interest of the SAS in proportion to their contributions. Effective Jurisprudence
ARTICLE 11. EXCLUSION OF VAT A SERVICE CONNECTION AND INTERNET ACCESS. Hereby added the following paragraph to Article 476 of the Tax Code:
"15. Connection services and Internet access to residential users of the strata 1, 2 and 3 ".
In cases where such services are offered so packed with other telecommunications services, regulatory bodies telecommunication service having jurisdiction shall take the necessary regulatory measures in order that the tax benefit does not generate cross-subsidies between services.
For the purposes of this section, it shall take into account the provisions of Article 64 paragraph 8 of the 1341 Act, 2009.
ARTICLE 12. INTEREST FOR TAXPAYER. Amend section 863 of the Tax Code is amended as follows:
"Article 863. When any overpaid or tax returns resulting a balance in favor of the taxpayer, only currents and late payment interest shall accrue, in the following cases :
current interest is caused when application has been filed return and the balance to favor it was under discussion, from the date of notification of the special requirements of the act that denies or refund, as appropriate, to the enforcement of the act or order confirming full or partial credit balance.
Default interest incurred, from the expiration of the term to return and turn until the date of the check, issuance of title or consignment.
In all cases where the credit balance shall have been discussed, default interest is caused from the day after the execution of the act or order confirming full or partial credit balance, to date Giro check, issuance of title or consignment ". Effective Jurisprudence
hereby added to Article 437-2 of the Tax Code, with the following paragraph:
. "7 Those responsible for the common system providers international marketing companies when purchasing tangible personal property or taxable persons belonging to common system services, other than withholding agents mentioned in paragraphs 1 and 2, or when the payment is made through systems debit or credit card, or through financial institutions under the terms of Article 376-1 of this Statute.
hereby added the 1st paragraph of Article 857 of the Tax Code, with the following paragraph.
"5. Where it is found that the supplier of international marketing companies requesting return and / or compensation, the filing date of the application has not complied with the obligation to withhold, enter the retentate and submit withholding statements in source payment periods whose deadline for submission and payment are due at the date of filing of the application.
In such cases shall not apply the provisions of the second paragraph of Article 580-1 of this Statute.
When the withholding tax as a tax on sales has been practiced and recorded directly to the National Treasury through financial institutions, as provided by Article 376-1 of this Statute, the compliance is verified obligation to declare periods whose deadline for submission are due at the date of filing of the application ".
ARTICLE 15 INEFFECTIVE FROM STATEMENTS OF WITHHOLDING PRESENTED WITHOUT PAYMENT TOTAL. the Tax Code is added with the following article:
"Article 580-1. Ineffective statements withholding submitted without full payment. Statements withholding submitted without full payment will not produce any legal effect, without administrative act so declare. Effective Jurisprudence
I mentioned in the previous paragraph not when the statement of withholding submitted without payment will be applied by a withholding agent who holds a credit balance equal to or exceeding eighty-two thousand (82,000) UVT susceptible to compensate with the balance due of the respective declaration of withholding tax. To this end, the credit balance must have been generated before the submission of the declaration of withholding tax by a value equal to or greater than the balance due specified in the declaration. Effective Jurisprudence
The withholding agent must apply to the Tax and Customs compensation credit balance with the balance payable determined in the declaration of retention, within six (6) months following the filing of the statement of withholding tax.
When the withholding agent does not request compensation for timely balance or when the application is rejected the declaration of withholding presented without payment will not produce any legal effect, without administrative act to declare it so. "
ARTICLE 16 INEFFECTIVE IN THE STATEMENTS OF OPERATIONS AND RIGHTS OF ADMINISTRATIVE EXPENSES PRESENTED WITHOUT PAYMENT TOTAL. Added to Article 41 of Law 643 of 2001, with the following paragraph:
"The statements of exploitation rights and administrative expenses games of chance presented without full payment, will not produce legal effect without administrative act to declare it so. "
ARTICLE 17. TAX INFORMATION FOR PURPOSES OF CONTROL. The Tax hereby added the following article:
"Article 631-3. Information for purposes of tax control. The Director General of the UAE National Tax and Customs indicate the specifications of the relevant tax information to be supplied by taxpayers and non-taxpayers. "
ARTICLE 18. RETURN TO PRESENTATION OF WARRANTY. Amend section 860 of the Tax Code, which reads as follows:
"Article 860. Returning to presentation warranty. When the taxpayer or responsible present with the return request a guarantee in favor of the Nation, issued by banks or insurance companies entities equivalent value to the amount subject to refund, plus penalties mentioned in article 670 of this Statute provided that the latter do not exceed ten thousand (10,000) legal minimum monthly wages, Tax Administration, within twenty (20) days shall deliver the check, or money title.
The guarantee referred to in this article will be valid for two (2) years. If within this period, the Tax Administration notifies the special requirements or the taxpayer corrected the statement, the guarantor shall be jointly liable for the guaranteed obligations, including the amount of penalties for inappropriateness of the return, which will become effective with the interest, once become final in the administrative remedies, or judicial process when application before the administrative jurisdiction is brought, the administrative act of official liquidation or inappropriateness of the return, even if this occurs after the two years.
In the text of any guarantee provided in favor of the Nation -Direction Music National Tax and Customs shall state expressly mention that the bank or insurance company waives the benefit of discussion.
The Director of National Taxes and Customs, prior assessment of the risk factors in returns, may prescribe a reasoned decision, taxpayers or sectors that will be subject to the general term of which Article 855 of this Statute, although the request for return and / or compensation is presented with collateral, in which case the term may be suspended for return and / or compensate for a maximum of ninety (90) days in accordance with the provisions of Article 857-1.
In all cases where the taxpayer or liable correct the tax return for the balance of which was the subject of return and / or compensation, filed with or unsecured, the Tax Administration will impose sanctions which Article 670 of this Statute, after formulation of the statement of objections and shall serve for a term of one (1) month to respond, to this end, the statement of objections must be uttered within two (2) years following the filing of the statement of correction ". Effective Jurisprudence
ARTICLE 19. Amend the 1st paragraph of Article 855 of the Tax Code, which reads as follows:
"Article 855. Term for returns. Tax Administration shall return upon compensation that may be required, credit balances arising from taxes on income and complementary and sales, within fifty (50) days following the date of the application for refund timely filed and properly ".
ARTICLE 20. NO FORCED TO SUBMIT DECLARATION OF WITHHOLDING. 2nd paragraph is amended and a transitional Article 606 of the Tax Code paragraph, so is added:
PARÁGRAFO 2o. The presentation of the statement in this article shall not be mandatory in periods which are not conducted operations subject to withholding tax.
PARÁGRAFO TRANSIENT. Withholding agents who have not fulfilled the obligation to submit the statements of withholding tax to zero in the months not made payments subject to withholding, since July 2006, may submit such statements within six months of the force of this law unliquidated penalty for lateness ".
MODERNIZATION PROCESS DIAN. DIAN will continue its process of technological modernization in order to simplify and reduce the procedures required to comply with the procedural and substantive tax obligations.
PARÁGRAFO. The process of technological modernization of the DIAN may not exceed two (2) years after entry into force of this law.
not required to submit TAX SALES. Article 601 is hereby added Tax Code with the following paragraphs and paragraphs:
"shall not be required to submit bi-monthly tax return on sales responsible for the common system in periods which have not carried out transactions subject to tax or operations that result in deductible taxes, adjustments or deductions under the terms of the provisions of articles 484 and 486 of the tax Code.
PARÁGRAFO TRANSIENT. Required to submit bi-monthly tax return on sales that have not fulfilled the obligation to file tax returns on sales to zero (0) in the months in which they did not perform transactions subject to tax or operations leading to responsible deductible taxes, adjustments or deductions under the terms of articles 484 and 486 of this Statute since they were required, may submit such declarations within six (6) days following the effective date of this Act unliquidated penalty for lateness months. "
ARTICLE 23. Amend the last paragraph of Article 23 of the Tax Code, which reads as follows:
"There are tax payers and additional income, associations of community homes and children's homes of the Colombian Welfare Institute family or authorized by this and elderly associations authorized by the Colombian Institute of family Welfare ".
598 is added to Article of the Tax Code with the following wording:
"c) Associations of community homes and children's homes of the Colombian Institute of Family Welfare or authorized by this and elderly associations authorized by the Colombian Institute of Family Welfare. "
hereby added the Tax Code the following article:
Article 587-1. Provision of information for statistical purposes. The Tax and Customs may, upon request, provide the National Administrative Department of Statistics DANE for strictly statistical purposes and in particular to develop economic and business analysis business surveys such as demographics, global tax information or disaggregated by sector.
Use of this information is subject to the strictest confidence.
For purposes of control and verification of compliance with requirements established in accordance with the Constitution and the law, administrative procurement processes that advance the National Institute of Concessions "Inco" or the person acting for a higher amount forty-one thousand (41,000) UVT, you may request the Tax and Customs information from taxpayers, officials and other regulated entities, having the status of bidders, which rest in the tax returns and information systems and registration of the entity. The National Institute of Concessions "INCO" may only use the information provided for these purposes, keeping respect to such information in the strictest confidence. "
ARTICLE 26. MEANS OF PAYMENT FOR EFFECTS OF ACCEPTANCE OF COSTS, DEDUCTIONS, LIABILITIES AND TAXES discountable. the Tax Code is added with the following article:
Article 771-5. Payment for the purposes of accepting costs, deductions, liabilities and deductible taxes. For purposes of its tax recognition as costs, deductions, liabilities or deductible taxes, payments made by taxpayers or responsible must be made by any of the following means of payment: bank deposits, money orders or bank transfers, turned the first beneficiary checks , credit cards, debit cards or other cards or bonds that serve as means of payment in the form and conditions authorized by the national government.
The provisions of this Article shall not prevent the recognition of tax payments in kind or the use of other modes of extinguishing obligations other than the payment provided for in Article 1625 of the Civil Code and other related regulations.
Likewise, the provisions of this article is only for tax purposes and is without prejudice to the validity of legitimate cash as payment and unlimited liberatory power, in accordance with article 8 of Law 31 of 1992.
PARÁGRAFO. They may be recognized as tax costs, deductions, liabilities or deductible taxes, cash payments incurred by taxpayers or responsible, regardless of the number of payments made during the year, thus:
- In the first year, the lowest between eighty-five percent (85%) of the amount paid or one hundred thousand (100,000) UVT, or fifty percent (50%) of the total costs and deductions.
- In the second year, the lesser of seventy percent (70%) of the amount paid or eighty thousand (80,000) UVT, or forty-five percent (45%) of the total costs and deductions.
- In the third year, the lesser of fifty-five percent (55%) of the amount paid or sixty thousand (60,000) UVT, or forty percent (40%) of the total costs and deductions.
From the fourth year the lesser of forty percent (40%) of the amount paid or forty thousand (40,000) UVT, or thirty-five percent (35%) of the total costs and deductions.
This gradualness under this article begins its implementation from fiscal year 2014. Effective Jurisprudence
ARTICLE 27. WITHHOLDING THROUGH FINANCIAL INSTITUTIONS. The Tax hereby added the following article:
Article 376-1. Withholding tax by financial institutions. In order to ensure control and efficiency in the collection of national taxes, the withholding to be made by withholding agents, as determined by the Directorate of National Taxes and Customs, by way of income tax and VAT They shall be performed and recorded directly to the National Treasury through financial institutions.
For this purpose, the subject ordering payment must identify (s) account (s) current or savings account through which are made exclusively payments subject to withholding tax, and tell the financial concept or concepts subject to withholding entity, the calculation basis, the (s) rate (s) and other elements necessary to ensure that the deductions are practiced appropriately. If the person ordering the payment does not supply the information listed here, the bank will apply the retention rate of ten percent (10%) of the total payment amount. Inaccuracy, deficiency or lack of the information provided is the sole responsibility of the individual who orders the payment.
All sanctions for breach of the obligations and responsibilities in their capacity as withholding agents must meet the payer payment are your sole responsibility.
Financial institutions under the provisions of this Article must perform and record liable for withholding withholdings and applicable interest, in the event that not consigned within the deadlines.
The National Government shall regulate this provision. "
hereby added Article 871 of the Tax Code the following subsections:
"Subparagraph the 8th. It also provides event for the tax, loan disbursements and payments arising from clearing and settlement of securities, repo operations, simultaneous and temporary transfer of securities, derivative transactions, currency or bags of agricultural products and other commodities including guarantees given for participants made through clearing and settlement whose amount is intended to make disbursements or payments to third parties, agents or representatives for the collection and / or payment to any title on behalf of customers entities supervised by the Financial Superintendence or Solidarity Economy as appropriate, by concepts such as payroll, services, suppliers, purchase of goods or performance of obligations. Subparagraph
the 9th. Similarly, generator is made disbursements paid credits and / or canceled on the same day.
Item 10. In the cases mentioned in the 8th and 9th paragraphs the taxable person is the debtor of the credit, customer, client, trustor or principal. 11. Paragraph
collective savings accounts or collective portfolios are taxed with the tax in the same way as individual savings accounts at the head of the carrier or subscriber.
ARTICLE 29. RESOURCES FUND SUBSIDY INCOME HOUSING - FOVIS. Paragraph 7 of Article 16 of Law 789 of 2002 will read:
. "7 Keep Fund for Social Housing, the same percentages defined for 2002 by the Superintendence of Family Subsidy, based on Law 633 of 2000 according to the ratio calculation established by Law 49 of 1990. Discounting the percentages one percent (1%), two percent (2%) and three percent (3%) subparagraph d) of Article 6 of this law for the promotion of employment ".
ARTICLE 30. EXTRAORDINARY TO MODIFY ON FOREIGN EXCHANGE sanctions regime POWERS. Revístase the President of the Republic of extraordinary powers for a period of six (6) months from the enactment of this Act, to amend the sanctions regime and the exchange administrative procedure to be followed by the Directorate of National Taxes and Customs. Effective Jurisprudence
ARTICLE 31. TAXABLE BASE OF TEMPORARY SERVICES COMPANIES. The tax base of Enterprises of Temporary Services for tax purposes of trade and industry will gross income, which is understood the value of service temporary collaboration least wages, Social Security, Parafiscales, compensation and social benefits of workers mission.
Article 32. Article 862 of the Tax Code shall read as follows:
"Article 862. Mechanism for returns. The return of credit balances may be made by check or money title. The tax authorities may make returns of credit balances exceeding one thousand (1,000 UVT) by securities tax refund, which only serve to cancel taxes or duties administered by the Directorate of Taxes and Customs within the calendar year following the date of issue.
The value of the securities issued in each year may not exceed ten percent (10%) of the value of the collections administered by the Tax and Customs over the previous year; They shall be issued to the beneficiary of the return and be negotiable. "
Article 33. Amend Article 689-1 of the Tax Code, which reads as follows:
"Article 689-1. Benefit of the audit. For taxable periods 2011 to 2012, private liquidation of taxpayers income tax and supplementary increase their net income tax in at least one equivalent to five percent (5) times the inflation caused the respective taxable period, relation to the net income tax of the previous year, be firm if within eighteen (18) months from the filing date not been notified summons to correct, provided that the statement is duly filed in a timely manner and payment is made within the time limits set for that purpose by the Government.
If the increase in net income tax is at least seven (7) times the inflation caused in the respective fiscal year, in relation to the net income tax the previous year, the income statement will remain firm if within twelve (12) days following the date of submission months not been notified summons to correct, provided that the statement is properly filed on a timely basis and payment is made within the time limits for such purpose by the Government.
If the increase in net income tax is at least twelve (12) times the inflation caused in the respective fiscal year, in relation to the net income tax the previous year, the income statement will remain firm if within six (6) days following the date of submission months not been notified summons to correct, provided that the statement is properly filed on a timely basis and payment is made within the time limits for such purpose by the Government.
This rule does not apply to taxpayers who enjoy tax benefits due to its location in a particular geographical area.
When the profit statement audit object throw a tax loss, the tax authorities may exercise the powers of inspection to determine the appropriateness or inappropriateness of it and therefore their compensation in later years. This power will nevertheless periods referred to in this Article has elapsed.
For taxpayers who in the years before the period in which aims to seek the benefit of audit are not submitted declaration of income and complementary, and fulfill that obligation within the time limits indicated by the National Government to present corresponding to taxable periods 2011 to 2012 statements were the terms of settlement finality under this article, for which should increase the net income tax charge for such periods when inflation rates of the respective taxable year shall apply dealt with in this article.
When it is shown that the withholding declared non-existent, not carry out the audit benefit. PARAGRAPH 1.
. Statements correction and correction requests submitted before the end of firmness referred to in this article shall not affect the validity of the audit benefit, as long as in the opening statement the taxpayer meets the requirements in a timely presentation, increase net income tax, payment, and the corrections such requirements are maintained. PARAGRAPH 2.
. When the net income tax statement to the corresponding fiscal year against which the requirement must be fulfilled increase, is less than 41 UVT, not carry out the implementation of audit benefit. PARAGRAPH 3.
. In the case of statements to record credit balance, the term to request the return and / or compensation will be provided for in this article, to the firmness of the statement ".
ARTICLE 34. Amend the 3rd paragraph of Article 837-1 of the Tax Code is amended as follows:
"They will not be subject to precautionary measures by the DIAN and other public entities, real estate concerned with heritage inembargable or family involvement to family housing and deposit accounts at the Bank of the Republic ".
Article 35 Amend paragraph 1 of Article 879 of the Tax Code which will read:
"1. The withdrawals made from savings accounts or prepaid cards open or administered by financial institutions and / or cooperative financial or credit unions supervised by the Financial Superintendence or Solidarity Economy respectively, not to exceed monthly three hundred fifty (350) UVT, for which the holder of the account or the prepaid card should indicate to the respective credit institution or credit union, that account or prepaid card will be the only beneficiary of the exemption.
The exemption applies only to a savings account or prepaid card holder and as long as belonging to a single owner. Whenever a person holds more than one savings account and prepaid card in one or more credit institutions, you must choose in connection with which operate the tax benefit herein provided and indicate it to the respective school. "
ARTICLE 36. Amend the 1st paragraph of paragraph 14 of article 879 of the Tax Code which will read:
"14. Transfers carried out between checking and / or savings and / or prepaid cards open in the same credit institution, cooperative financial activity, credit union, brokerage firms and other entities supervised by the Financial Superintendence or Solidarity economy as appropriate, to name one and the same holder as well as transfers between investments or portfolios that are made by a stockbroker, a trust company or a management company investment company, supervised by the Superintendencia Financiera of Colombia in favor of any one beneficiary, except as corresponding to the profits or returns any generated investment, which are taxable basis for the tax assessment, which will be retained by the broker or who recognize profits or returns.
This exemption shall also apply where the transfer is made between collective savings accounts or between these and current accounts or savings or investments between belonging to one and the same holder, as long as they are open to the same entity supervised by the Financial Superintendence of Colombia. " Editor's Notes
ARTICLE 37. It is proposed to add a third paragraph to Article 36-1 of the Tax Code, in the following terms:
"Nor is income or windfall profits from trading in derivatives are securities whose underlying is representing exclusively on registered shares in a Colombian stock exchange, indices or mutual fund or collective portfolios that reflect the behavior of such actions. "
ARTICLE 38. INTEREST IN REFUND. Adiciónese the following paragraph to Article 864 of the Tax Code:
"Current interest will be paid at a rate equivalent to the current bank rate certified by the Superintendencia Financiera de Colombia; for settlement of default interest, the term of the original deadline for returning unused by the administration to the date of total or partial rejection of the credit balance "is deducted.
Article 39 added to Article 6 of Law 1106 of 2006 the next paragraph:
PARAGRAPH 3.. The collection by way of the special contribution which is extended by the present law on contracts executed through agreements between national entities and / or territorial shall be recorded immediately in proportion to the participation in the agreement of the respective entity ".
Article 40. Amend Article 65 of Law 633 of 2000, which reads as follows:
"Article 65. Financial Management. Article 65 of Law 633 of 2000, will read: The boxes have an independent financial management and separate accounts of the collectability of four percent (4%) of payroll, for marketing services and health, including in recent IPS activities and EPS. Therefore, from the effective date of this Act, in any case resources from the contribution of four percent (4%) may be used to subsidize such activities.
. The family compensation funds may approve loans destined to help pay for care of dependents of workers covered, the wording of Law 21 of 1982, events that are not covered by the General Social Security System health or health-care coverage that, by statute, the worker must be affiliated services. The loan event may exceed ten (10) times the amount of monthly monetary subsidy effect upon it. The boxes may provide prorated fees for these purposes only. PARAGRAPH 2.
. Subsidies schooling in money paid by the compensation funds to the dependents of beneficiaries workers enrolled in the three (3) upper grades of secondary cycle of basic education and the level of secondary education, be part of the calculation cash subsidy paid for each Family Compensation Fund and the obligation destination for education laid down in article 5 of Decree 1902 of 1994, provided that the total destination for it not be less than the mandatory before the enactment of this law. PARAGRAPH 3.
. When during the year the health program this deficit results, the Family Compensation following a decision of its Governing Councils may cover the deficit with the remaining cast the box in the corresponding period coming from the different components of the program health and programs other than those executed with resources from four 4%.
In addition, the Family Compensation Funds may finance the health program, with credit resources.
Adiciónese the Tax Code the following article:
"Article 260-11. Penalties for breach of obligations formal transfer pricing regime. The penalty on the substantiating that the numeral 1 refers to literal) of Article 260-10 of this Statute documentation, shall not exceed fifteen thousand UVT (15,000 UVT) and referred to in paragraph 2 of the same literal may not UVT exceed twenty thousand (20,000 UVT).
The sanctions concerning the disclosure statement referred to in paragraph b) of Article 260-10 of this Statute, shall not exceed twenty thousand UVT (20,000 UVT) ".
PARÁGRAFO. The limits set in this Article shall apply to sanctions imposed after the effective date of this amendment. "
ARTICLE 42. The National Government PGN appropriated annually in the budgetary resources needed to pay in full and in a timely manner prime subsidies strata 1, 2 and 3 for power users.
In no case may reduce the appropriation of resources to cover these subsidies.
ARTICLE 43. Amend paragraphs 3 and 4 of paragraph a) of Article 25 of the Tax Code, which are as follows:
"3. The credits obtained outside financial corporations, financial cooperatives, finance companies, BANCOLDEX and banks organized under Colombian law.
4. Credit for foreign trade operations, conducted through financial corporations, financial cooperatives, finance companies, BANCOLDEX and banks organized under Colombian laws. "
ARTICLE 44. In order to provide competitiveness departments and municipalities that have savings FAEP is authorized to, to withdraw up to 25% of the total balance at the date of entry into force of the this law have in the Savings and Stabilization Fund Oil, FAEP at the rate of a quarter of the total authorized for each year between 2011 and 2014.
resources in the preceding paragraph refers to will as the only destination investment in roads in their jurisdiction. Editor's Notes
Matches Legislation Previous
ARTICLE 45. Amend the second paragraph of Article 115 of the Tax Code, which reads as follows:
"Beginning in the fiscal year 2013 will be deductible fifty percent (50%) of the tax on financial transactions actually paid by taxpayers during the respective fiscal year, whether you have or no causal link with economic activity of the taxpayer, provided it is duly certified by the withholding agent ".
Article 46. Amend Article 254 of the Tax Code, which reads as follows:
"Article 254. taxes paid abroad. National taxpayers or foreign individuals with five or more years of continuous residence or discontinuous in the country, they receive income from foreign sources, subject to income tax in the country of origin, they are entitled to deduct the amount of tax Colombian income, paid abroad, whatever their denomination, calculated 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 shares from companies domiciled abroad, will rise to a tax discount on income tax for income taxes paid abroad, as follows:
to ) the value of the discount is equivalent to the result of multiplying the amount of dividends or the rate of income tax to which they have been subjected utilities that generated;
B) When the company distributing dividends or shares in Colombia taxed in turn received dividends or shares in other companies, located in the same or in other jurisdictions, the value of the discount equals the result of multiplying the amount of dividends or interest received by the national taxpayer, the rate to which they have been subjected utilities that generated;
C) To qualify for the discount to paragraph a) of this article is concerned, the national taxpayer must have a direct stake in the capital of the company which receives the dividends or shares of at least fifteen percent (15%) of the shares (excluding shares or non-voting). For the case of item b), the national taxpayer will indirectly own a stake in the capital of the subsidiary or subsidiaries of at least fifteen percent (15%) of the shares (excluding the shares without voting rights ); Effective Jurisprudence
D) When dividends or interest received by the national taxpayer have been taxed in the country of origin the discount will increase by the amount of such charge;
E) In any case the discount referred to in this paragraph may exceed the amount of income tax generated in Colombia by such dividends;
F) To qualify for the discount referred to in subparagraphs a), b) and d), the taxpayer must prove the payment in each jurisdiction providing tax tax payment certificate issued by the respective tax authority or failing with appropriate evidence;
G) The rules set forth herein for the tax discount related to dividends or from abroad shall apply to dividends or shares which are collected from the effective date of this law, whatever the period or financial year to They are corresponding profits that generated them.
PARÁGRAFO. The income tax paid abroad may be treated as a discount on the taxable year in which payment has been made or in any of the four (4) following taxable periods without prejudice to the provisions of Article 259 of the Statute Tax".
hereby added Article 408 of the Tax Code the following subsections:
"Payments or credits on account by concept of financial returns, made to non-residents or persons domiciled in the country, arising from loans obtained abroad for less than one (1) term year or for interest or financial costs of rental fees arising from leases to be held directly or through leasing companies with foreign companies not domiciled in Colombia, they are subject to withholding tax at the rate of fourteen percent (14%) on the value of the payment or credit account.
Payments or credits into account, arising from leases on ships, helicopters and / or air aircraft and parts that are held directly or through leasing companies, with foreign companies not domiciled in Colombia, are subject to a fee of withholding tax of one percent (1%) ".
ARTICLE 48. SPECIAL CONDITIONS FOR THE PAYMENT OF TAXES, FEES AND CONTRIBUTIONS. Within six (6) months after the effective date of this law, taxpayers, taxpayers or liable for taxes and contributions administered by entities with powers to raise income or public funds from the national level, which in arrears for taxable liabilities for 2008 and prior periods will be entitled to apply only with respect to obligations caused during such taxable periods, the following special condition of payment: cash payment
total of the principal obligation plus interest and penalties updated for each concept and period, with a reduction of fifty percent (50%) of the value of the interest on arrears caused to the date of payment and penalties. To this end, the payment must be made within six (6) months following the effective date of this law.
The obligations have been the subject of a payment facility may be canceled under the conditions set forth herein without prejudice to the application of the rules in force at the time of the granting of the respective facility, for obligations that are not canceled.
The territorial authorities may take these special conditions in their respective statutes of income for those responsible for taxes and contributions of its competence preserve the percentages and time limits laid down in this article.
PARÁGRAFO. Taxpayers, taxpayers responsible and retention agents taxes, fees and contributions managed by entities with powers to raise income or public funds from national or regional level benefiting from the special status of payment referred to in this article and that incurred in arrears in the payment of taxes, withholding taxes, fees and contributions within two (2) years following the date of the payment made to reduction to fifty percent (50%) of the value of accrued interest and sanctions, automatically lose this benefit.
In these cases the tax authority immediately begin the process of collection of fifty percent (50%) of the sanction and fifty percent (50%) of the interest accrued till date of payment of the principal obligation , penalties or interest, and terms of limitation shall run from the date on which the payment of the principal obligation is made.
They can not access the benefits referred to in this article debtors who have signed agreements with payment based on the 7th article of Law 1066 of 2006 and article 1 of the Law 1175 of 2007, which at the entrance into force of this law are in arrears for the obligations contained therein. PARAGRAPH 2.
. In the case of the agricultural sector debtors the payment deadline will be up to ten (10) months.
Matches ARTICLE 49.
hereby added paragraph of Article 476 of the Tax Code with the following paragraph:
"The provisions of this paragraph does not apply to mining and hydrocarbon industries."
Adiciónese the 1st paragraph of Article 366-1 of the Tax Code with the following paragraph:
"The provisions of this paragraph shall not apply to income from oil exports and other mining products, for which the exporter will act as autorretenedor. In this case, the Government will establish the rate of withholding tax, which may not exceed 10% of the respective ten payment or credit account. " Effective Jurisprudence
ARTICLE 51. Dispose
paragraph of Article 130 (Creation Subsidy Fund surtax on gasoline) of Law 488 of 1998 "Whereby are issued rules on taxation and other tax provisions of the Entities are held territorial ".