Through Which The "agreement Between The Government Of The Republic Of Colombia And The Government Of The United States Of America For Tax Information Exchange" Signed In Bogotá, Dc, Approved On March 30, 2001

Original Language Title: Por medio de la cual se aprueba el "Acuerdo entre el Gobierno de la República de Colombia y el Gobierno de los Estados Unidos de América para el Intercambio de Información Tributaria", suscrito en Bogotá, D. C., el 30 de marzo de 2001

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ACT 1666 2013
(July 16)
Official Gazette No. 48853 of July 16, 2013 CONGRESS OF THE REPUBLIC

Through which the "Agreement between the Government of the approved Republic of Colombia and the Government of the United States of America for Tax Information Exchange ", signed in Bogotá, DC, on 30 March 2001. Summary

Term Notes Effective Jurisprudence


THE CONGRESS OF THE REPUBLIC
having regard to the text of the "Agreement between the Government of the Republic of Colombia and the Government of the United States of America for Tax Information Exchange", signed in Bogotá DC, 30 March 2001, which reads:
(to be transliterated: photocopy of the full text of the aforementioned Agreement, certified by the Coordinator of the Internal Working Group Treaty of the Department of International Legal Affairs, Ministry of Foreign attached Foreign document rests in the archives of the Ministry).
DRAFT LAW NUMBER 250 2013
through which the "Agreement between the Government of the Republic of Colombia and the Government of the United States of America for Tax Information Exchange" is approved, signed in Bogotá, DC, on March 30, 2001.
the Congress
having regard to the text of the "Agreement between the Government of the Republic of Colombia and the Government of the United States of America for the Exchange of Information tax ", signed in Bogotá DC on March 30, 2001, which reads:
(to be transliterated: photocopy of the full text of the aforementioned Agreement, certified by the Coordinator of the Internal Working Group attached Treaty Directorate of International Legal Affairs, Ministry of Foreign Affairs, document rests in the archives of the Ministry).

THE PACT COORDINATOR INTERNAL WORKING GROUP TREATED THE DIRECTION OF INTERNATIONAL LEGAL AFFAIRS MINISTRY OF FOREIGN AFFAIRS TO CERTIFY
:
That the reproduction of text above is true and complete copy of the original text the "Agreement between the Government of the Republic of Colombia and the Government of the United States of America for Tax Information Exchange" signed in Bogota on March 30, 2001, which rests on file with the Internal Working Group treaties of the Department of International Legal Affairs.
Given in Bogotá, DC, six (17) days of April two thousand thirteen (2013).
The Coordinator of Internal Working Group Treaty, Department of International Legal Affairs, Alejandra Valencia
GäRTNER. EXPLANATORY STATEMENT

Honorable Senators and Representatives:
On behalf of the Government and in accordance with Articles 150, paragraph 16, 189 paragraph 2 and 224 of the Constitution, presented for consideration by the honorable Congress Republic the bill through which the "Agreement between the Government of the Republic of Colombia and the Government of the United States of America for Tax Information Exchange", signed in Bogotá DC, approved on 30 March BACKGROUND

2001. the fight against tax avoidance and evasion has been a constant goal of Colombia in recent years. Thus the recent tax reforms have inserted the Colombian tax system modifications looking to close gaps and provide the tax administration with instruments to reduce evasion and tax avoidance. Likewise, reducing evasion and tax avoidance was embodied as one of the goals in the National Development Plan 2010-2014 "Prosperity for All", in which it was established that the efficiency in the management of public resources by reducing evasion and tax avoidance it is one of the main strategies of effective governance, being a guiding principle to promote the exercise of one of the transverse axis (the "Good governance") that were shaped along throughout the document containing the basis of the National Plan of Development 1.

The increasing cross-border economic relations and international capital movement creates a major challenge for tax administrations in the fight against tax evasion and tax avoidance. Reality shows how, day by day, increasingly elaborate maneuvers tax evasion and avoidance, leveraging the asymmetry and lack of information between different tax administrations are adopted. This circumstance makes it imperative to permanently endow the tax administration of appropriate legal instruments that allow effective control of taxes and respond more effectively to the challenge of modernization and modernization demanded by the current country.
The Colombian legislator aware of these needs in the past devoted provisions governing the exchange of information in the field International2. Thus, in accordance with the provisions of the relevant legislation and the provisions of the jurisprudence of the Court Constitucional3, so it can be carried out effective exchange of tax information between countries signing international agreements is needed.
Is how, with the development of the above, the thirty (30) March two thousand and one (2001), the "Agreement between the Government of the Republic of Colombia and the Government of the United States was signed American for Tax Information Exchange "(hereinafter, the" TIEA "). This mechanism, which allows and regulates the Tax Information Exchange is of paramount importance given the increasingly close links have Colombia with the United States, with whom Colombia maintains an intense trade in goods and services and a high flow and stock investment.
Therefore are important mechanisms provided by the TIEA to exchange tax information Colombians and taxpayers; information that will allow greater accuracy in the determination and collection of taxes in addition forcing tax administrations of both countries to manage the information obtained with the highest standards of confidentiality.
Finally, it is noteworthy that the signing of the TIEA is of great importance as it provides the necessary environment for the Colombian government may sign agreements or simplified execution with the Government of the United States of America to that framework the tax authorities of both countries to make automatic exchange of banking and financial information. CONTENTS

The TIEA TIEA signed on March 30, 2001 it consists of eight articles. Article 1 sets the object and scope of the Agreement, providing that States will exchange tax information to the determination, assessment and collection of taxes, in order to prevent evasion, fraud and tax evasion.
The article 2 establishes the taxes covered by the TIEA, which in the case of Colombia are the income tax and complementary sales tax (VAT), stamp duty and the tax on financial transactions (GMF); and in the case of the United States, federal taxes. Furthermore, the article states that the TIEA applies to any tax imposed after the signing thereof that is identical or similar to the tax initially covered by the TIEA nature.
The article 3 provides definitions of the following terms: "competent authority", "national", "person", "tax", "information", "requesting State", "State", "Colombia" and " United States of America".

The article 4 describes the obligations of information exchange between the Contracting States. This article states that the information may be transmitted in any form (i) automatically, (ii) spontaneous when in the course of the activities of a Contracting State becomes aware of information that may be relevant to the other Contracting State, and ( iii) at the request of a party, which relates to the specific information to be exchanged, upon request by the competent authorities. Also, this article, in paragraph 6 sets out the cases in which States are not required to exchange information. Finally, paragraph 8 of this article states that all information received by a Contracting State shall be deemed reserved, in the same manner as information obtained under the domestic laws of that State is protected and may be disclosed only to persons or authorities requesting state, including judicial and administrative organs of that State, participating in the determination, assessment, collection and administration of taxes covered by the TIEA.
The article 5 establishes the procedure of mutual agreement for the interpretation and application of IALI, as well as the possibility of communication between Contracting States to comply with the provisions of the TIEA. Meanwhile, this article also provides for the possibility to develop and implement programs to achieve the object of the TIEA, including technical assistance programs, training, exchange of expertise, among others are.
The Article 6 defines the assumption of costs arising from the implementation of the TIEA. There, it is established that recurrent costs will be borne by the requested State and extraordinary costs by the requesting State.
Article on the 7th establishes the validity of IALI, which will upon the exchange of notes by the duly authorized representatives of the Contracting States to the effect in which confirming that both parties have complied with the constitutional and legal requirements needed to ratify the TIEA.
The article 8 refers to the completion of the TIEA, which will remain in effect until terminated by one of the Contracting States, after notifying the other Contracting State through diplomatic channels, with a minimum of three (3) months in advance .
For the above reasons, the Government, through the Minister of Foreign Affairs and the Minister of Finance and Public Credit, he asks the honorable Congress to approve the bill through which it passes "Agreement between the Government of the Republic of Colombia and the Government of the United States of America for Tax Information Exchange" signed in Bogotá, DC, on March 30, 2001.
of the honorable Congressmen, | || The Minister of Foreign Affairs Maria Angela Holguin
CUÉLLAR.
The Minister of Finance and Public Credit,
Mauricio Cárdenas Santa María. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá DC, April 25, 2013
authorized. Submit for consideration by the honorable Congress for constitutional purposes.
(Sgd.)
CALDERON JUAN MANUEL SANTOS Minister of Foreign Affairs,
(Sgd.) Maria Angela Holguin Cuellar.
DECREES: Article 1.
. To approve the "Agreement between the Government of the Republic of Colombia and the Government of the United States of America for Tax Information Exchange" signed in Bogotá, DC, on March 30, 2001.
Article 2o. In accordance with the provisions of article 1 of Law 7 of 1944, the "Agreement between the Government of the Republic of Colombia and the Government of the United States of America for Tax Information Exchange", signed in Bogotá DC, March 30, 2001, that the first article of this law is passed, will force the country from the date the international link is perfect therefrom.
Article 3o. This law applies from the date of publication.
Given in Bogotá, DC, honorable ... Presented to Congress by the Minister of Foreign Affairs and the Minister of Finance and Public Credit.
The Minister of Foreign Affairs Maria Angela Holguin Cuellar
.
The Minister of Finance and Public Credit,
Mauricio Cárdenas Santa María.

LAW 424 1998 (January 13)
why tracking the international agreements signed by Colombia is ordered.

The Congress of Colombia DECREES:

Article 1o. The National Government through the Foreign Ministry presented annually to the Second Committee on Foreign Affairs of the Senate and House, and within the first thirty calendar days after the legislative session that begins each July 20, a detailed report on how they are fulfilling and developing the existing international agreements signed by Colombia with other States. Article 2.
. Each branch of the National Government responsible for implementing international treaties within their competence and require reciprocity in them, will communicate the relevant information to the Ministry of Foreign Affairs and east to the Second Committees.
Article 3o. The full text of this law shall be annexed to each and every one of the international conventions that the Ministry of Foreign Affairs present to Congress.
Article 4o. This law governs from its promulgation.
The President of the honorable Senate,
Amylkar Acosta Medina.
The Secretary General of the honorable Senate, Pedro Pumarejo
Vega.
The President of the honorable House of Representatives, Carlos Ardila
Ballesteros.
The Secretary General of the honorable House of Representatives,
Diego Vivas Tafur.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Santa Fe de Bogota, DC, 13 January 1998.

Ernesto Samper Pizano Minister of Foreign Affairs, Emma Mejia Velez
Maria. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá DC, April 25, 2013
authorized. Submit for consideration by the honorable Congress for constitutional purposes.
(Sgd.)
CALDERON JUAN MANUEL SANTOS Minister of Foreign Affairs,
(Sgd.) Maria Angela Holguin Cuellar. DECREES
:
ARTICLE 1o. To approve the "Agreement between the Government of the Republic of Colombia and the Government of the United States of America for Tax Information Exchange" signed in Bogotá, DC, on March 30, 2001.
Article 2.
. In accordance with the provisions of article 1 of Law 7 of 1944, the "Agreement between the Government of the Republic of Colombia and the Government of the United States of America for Tax Information Exchange", signed in Bogotá DC, March 30, 2001, that the first article of this law is passed, will force the country from the date the international link is perfect therefrom.

ARTICLE 3. This law applies from the date of publication.
The President of the honorable Senate,
Roy Barreras Montealegre.
The Secretary General of the honorable Senate,
GREGORIO Eljach PACHECO.
The President of the honorable House of Representatives,
AUGUSTO POSADA SÁNCHEZ.
The Secretary General of the honorable House of Representatives,
JORGE HUMBERTO SERRANO MANTILLA. REPUBLIC OF COLOMBIA

Contact NATIONAL GOVERNMENT AND ENFORCED.
Run, after review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Bogotá, DC, on July 16, 2013.

CALDERON JUAN MANUEL SANTOS Minister of Foreign Affairs Maria Angela Holguin
CUÉLLAR.
The Minister of Finance and Public Credit,
Mauricio Cárdenas Santa María.

* * * 1. National Planning. Bases of the National Development Plan 2010-2014 "Prosperity for All", Bogotá, 2011 pp. 479-480.
2. Among the rules governing the issue are articles 693-1, 744 and 746-1 of the Tax Code.
3. See judgments of the Constitutional Court C-896 of October 7, 2003, MP Jaime Araújo Rentería and C-622 of 29 June 2004, MP Dr. Marco Gerardo Monroy Cabra, among others.


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