Tax Reform 2022 - Analysis Comparative

2

Income Tax

Modify numerals 5 and 10 and paragraphs 3 and 5 of the Section
206 CTC

Limitation to exempt income from 25% to 790 UVT ($ 33,505,480) per year.

It is limited to 240 monthly UVT $ 101,178,880 per year.

3

Income Tax. Dividend Tax for Fiscal Residents

Modify Section 242 CTC-

Unbounded dividends are attached to general rates (progressive rates from 0% to 39%)

10% of what exceeds 300 UVT

Retention at the source from 1090 UVT of 15%

The total tax is retained.

5

Income tax non -residents. Tax for dividends companies, foreign entities and non -resident natural persons

Add Section 254-1 of the Tax Statute

For natural persons and ilíchidic successions residing in the country, who have received dividends in the terms of Section 331 of the E.T. 19% may be deducted from the Income Tax if they received more than 1,090 UVT as follows: (Dividende liquid income of dividends and participations in UVT minus 1.090 UVT) x19%

N/A

7

Income Tax Natural Persons. Taxable Liquid Income General ID

Modify Section 336 CTC

Exempt deductions and income are limited to 40% that cannot exceed 1,340 UVT
Additionally, you can deduce 72 UVT by dependent up to a maximum of 4.
Deduction may be requested for the acquisition of goods. Equivalent to 1% of the value of the acquisitions without exceeding 240 UVT

Exempt deductions and income are limited to 40% that cannot exceed 5,040 UVT ($ 191,540,160)

9

Retention at the source natural persons -workshops

Modify numeral 3 of Section 387 CTC

On dependents: the children of the taxpayer over 18 years of age who are in a situation of dependency are added, provided that it is certified by legal medicine

This exclusion of limitation is not included

5 additional points of the general rate for financial entities last the taxable periods 2023, 2024, 2025, 2026 and 2027, the 40%rate being total.
The surcharge is subject to a 100% advance
The national societies that develop the extraction of Hulla, of crude oil, electricity, must add additional points to the general rate.
Hotel services will pay a 15% rate on income for the provision of said services.
A minimal tax rate for taxpayers of the Income Tax - Taxes of Taxation Defurated is established.

12

Special Income Tax of Dividends or Participations received by National Companies

Modify the first paragraph of Section 242-1 of the CTC

10% rate as a retention at the rental source

7.50%

14

Income tax

Add Section 259-1 to CTC

Limit to tax benefits and stimuli for legal persons, it may not exceed 3% annually of its ordinary liquid income before deserving special deductions.

N/A

16

Income tax

Modify the second paragraph of Section 36-1 of the CTC

The utilities due to the enhancement of shares registered in a Colombian stock exchange, when said alienation does not exceed 3% of the actions in circulation of the respective society does not constitute income or profit.

The 10% proceeding is changed to 3%

18

Income tax

Add a paragraph to numeral 2 of Section 105 of the
CTC

Realization of deduction for obliged to bring accounting: they will be understood by sentences from administrative, judicial or arbitration processes, the values ​​that have a punitive, sanctioning or compensation of damage nature.

N/A

20

Income tax

Add Section 244-1 to CTC

A voluntary contribution is established in the Income Tax Declaration

N/A

22

Income tax

Modify paragraphs 1 and 2 and add a paragraph 6
to Section 256-1 of the CTC

PARAGRAPH 1. The projects presented and qualified under the tax credit modality may not access the discount defined in Section 256 of the E.T. Equal treatment. APPLICATION FOR REMUNERATION DERIVED FROM THE LINK OF THE NEW PERSONNEL WITH DOCTORATE TITLE.
Additionally, large companies will be able to access tax credit as long as investment projects are together with micro, small and medium enterprises.

They could not access the qualified projects under Section 158-1

24

Income Tax: Special Tax Regime

Modify the third paragraph of Section 364-5 of the CTC

The entities of the special tax regime must update annually, in the first six (6) months of each year, the information referred to in this registration.

Were within the first 3 months of the year

26

Withholding Tax

Modify the second and third subsections of Section 800-1 of the CTC

The object of tax works agreements is modified by adding to the execution of projects in Zomac, the execution of projects in municipalities with development programs in territorial approach (PDET)

It was only aimed at the execution of projects in Zomac

28

Transitional deduction of income tax

#¡VALOR!

National natural and legal persons who develop hotel activities that have a trade establishment domiciled in San Andrés, Providencia and/or Santa Catalina prior to November 16, 2020, can discount 150% of the value of wages and benefits social during the validity of the year 2023.

N/A

30

Exempt capital gain

Modify Section 307 CTC

The first capital gain is considered the first: 13,000 UVT of the room house and 6,500 UVT of different real estate from the deceased; 3,250 UVT assignments conjugal or inheritance portion.
The other inter -living legal acts held free of charge is limited to 1,625 UVT.

The first capital gain is considered: 7,700 UVT of urban housing and 7,700 UVT of rural property of the deceased; 3,490 UVT Assignments conjugal or inheritance.
The other inter -living legal acts held free of charge is limited to 2,290 UVT.

32

Rate: capital gain for national and foreign societies and entities

Modify Section 313 CTC

capital profit rate in companies will be 15%

10% rate

34

Rate: capital gain for foreign natural persons without residence

Modify Section 316 CTC

15% capital gain rate for non -resident natural persons

10% rate

36

Wealth tax:
Generator fact .

Add Section 294-3 CTC

Possession on January 1 of each year, of a heritage equal to or greater than 72,000 UVT ($ 3,053,664,000)

N/A

38

Wealth tax:
Fee

Add Section 296-3 CTC

Heritage of:
0 to 72,000 UVT 0%
72,000 to 122,000 UVT 0.5%
122,000 to 239,000 UVT 1% greater than 239,000 UVT 1.5% The 1.5% rate will only apply by the years 2023,2024, 2025 and 2026. From 2027 it only applies the rate to 1%.

N/A

40

Administration and Control Heritage Tax

Add to subsections 4 and 5 to Section 298-2 CTC

It constitutes sanctionable inaccuracy, the realization of accounting and/or fiscal adjustments, which do not correspond to effective or real operations and that involve the decrease in liquid assets, through omission or underestimation of assets, reduction of valuation or adjustments or tax readjustments , as well as the inclusion of non -existent liabilities

N/A

42

Simple regime

Add a paragraph to numeral 2 and modify numeral 6
of Section 905 of the CTC

People who present professional consulting and scientific services in which the intellectual factor predominates can belong to the simple regime if they obtained gross income below 12,000 UVT

Gross income was 100,000 for these activities

44

Simple regime

Paragraph 4 Section 908

Reduction of rates due to economic activity.
Addition of health activities and social assistance

Rates with greater value

46

Simple regime

Add a second paragraph to Section 912 of the CTC

Optionally and exclusive to the tax discount for electronic payments, the taxpayer can discount the GMF that has been paid in the respective taxable year

N/A

48

Taxable base carbon tax

Modify Section 222 of Law 1819 of 2016, which
It will be like this:

Taxable base and rate according to the emission of greenhouse gases, but not only CO2
Increase in rates
Progressive Carbon Tax

CO2 emission
Minor rate
No coal imposed

50

Single -use plastic products tax

Definitions applicable to single -use plastic products (plastic, polymers, and producer)

N/A

52

Single -use plastic products tax

It is not caused when the taxpayer presents the certification of circular economy
This tax is not deductible for income

N/A

54

Ultra -processed sugar consumption tax

Add Section 513-1 CTC

Production, first sale or importation of ultra -prosecuted drinks sugar and concentrated, powders and syrups.
Children's formulas, medications with incorporation of added sugars, products to provide nutritional therapy, water are exempt.
Dairy derivatives and another 5 types of products are except

N/A

54

Ultra -processed sugar consumption tax. Taxable base

Add Section 513-3 CTC

The taxable base is the sugar content in grams (g) per 100 milliliters (100 ml) of drink sold

N/A

54

Ultra -processed sugar consumption tax. CAUSATION

Add Section 513-5 CTC

Tax Cause - 1. First sale made by the producer, on the date of issuance of the invoice or equivalent document and in the absence of these, at the time of delivery
2. In imports, at the time of nationalization or disadvantage of good.
- It is deductible for rent for the buyer as greater value of good
- No discontable tax in VAT
- Discriminated on the invoice with VAT

N/A

54

Tax on consumption of ultraprocessed edible products and with high added sugar content. Responsible

Add Section 513-7 CTC

Producer, the importer, or the economic linked of one and the other

N/A

54

Tax on consumption of ultraprocessed edible products and with high added sugar content. Fee

Add Section 513-8 CTC

Gravacle Base will be the sale price. In the case of imported goods, the tax base will be the same that take into account to liquidate customs taxes.

N/A

55

Tax on consumption of ultraprocessed edible products and with high added sugar content. Remission

Add Section 513-10 CTC

In the case of national products, the tax is caused at the time the producer delivery in the factory or plant for distribution, sale or exchange in the country, or for advertising, promotion, donation, commission or destines them self -consumption .
In the case of foreign products, the tax is caused at the time they are introduced to the country

N/A

57

Significant economic presence (PES)

Add Section 20-3 CTC

As of January 1, 2024, those who have PES are subject to income tax. Which will be the non -residents or not domiciled in Colombia that markets goods and services and:
- Keep deliberate and systematic interaction with customers located in the country
- In the previous or in progress, it has gross income greater than 31,300 UVT due to transactions involving goods with people in Colombia.
- Those who provide digital services from abroad (the standard establishes an enunciative list)
The standard establishes:
1. Deliberate and systematic interaction means:
- Maintain interaction or marketing deployment with (300,000) or more Colombian users
- Maintain or establish the possibility of visualizing prices in pesos (COP) or allowing payment in pesos (COP).
2. Those who have PES have the option to declare and pay at the 3% rate on gross income with the option of requesting the non -retention of subsection 8 art. 408 (10%), which prevents submitting a statement.
3. The PES shall be understood without prejudice to what is agreed in the agreements to eliminate taxation · signed by Colombia.

N/A

59

Income in kind

Add Section 29-1 CTC

They constitute payments in kind and must be reported as entry in favor of the beneficiary, all those that are carried out through the provision of services or acquisition of goods destined for the taxpayer to their spouse or relatives, provided that they do not constitute their own income at the head of said said people and it is not the contributions that employers must make by law to the Social Security System, the ICBF, the SENA and Family Compensation Boxes.

N/A

61

Retention at the source to non -residents

Add an eighth paragraph to Section 408 CTC

The payments or fertilizers made to non -residents with significant economic presence in Colombia are subject to a 10%rate.
Retention agents are the issuing entities of
Credit and debit cards, the sellers of 'Prepaid Cards ", the cash collectors in charge of third parties, the payment catwalks, among others.

N/A

63

Annual declaration of assets abroad

Modify the first paragraph of Section 607 CTC

They are obliged to submit the annual statement of assets abroad

The norm does not mention the subjects forced to submit an annual statement of assets abroad

65

Control on Operations and exempt amounts of the GMF

Add Section 881-1 CTC

GMF financial entities must adopt an information system that allows verifying and controlling the retention of the GMF.

N/A

67

Dian Personnel Plant Expansion

The Government will expand the Person of the DIAN, in the number of employees, denomination, code and degree determined by the technical study that the DIAN present

N/A

69

Of fraud and tax evasion, omission of assets and inclusion of non -existent liabilities

Modify Chapter XII of Title XV of Book II of the Law
599 of 2000

1. Omission of assets or inclusion of non -existent liabilities: the behavior applies to anyone who performs the guiding verb and is typific from 1,000 SMLMV, with a penalty of 48 to 108 months.
2. Laborudation or Tax Evasion: The behavior applies to anyone who performs the guiding verb and is typified from 100 to 2,500 SMLMV with a penalty of 36 to 60 months.
For both crimes:
- The criminal actions will be appropriate, provided that resources are not in process in administrative headquarters or when there is no reasonable interpretation of applicable law.

1. Omission of assets or inclusion of non -existent liabilities: the rule only mentioned that it applied to the "taxpayer", the behavior is typified from 5,000 SMLMV, with a penalty of 48 to 108 months.
2. Laborudation or tax evasion: the rule only mentioned that it applied to the "taxpayer", the conduct is typificed from 250 to 2,500 SMLMV, with imprisonment from 36 to 60 months.
For both crimes:
- Criminal actions can be initiated at the special request of the DIAN director general

71

VAT Luck and chance games

Modify subsection 3 of Section 420 of the CTC

In the case of games located such as little machines or slot, the monthly base will be 20 UVT, and the base of the games table will be 290 UVT.
For the electronic slots that operate in premises whose main activity is not the operation of games of luck and chance, the taxable base will be 10 UVT.
In the Bingo Games, the monthly taxable base will be 3uvt for each chair.
For the other localized games the monthly taxable base will be 10 UVT.

In the case of games located such as little machines or slot, the monthly base will be 20 UVT, and the base of the games table will be 290 UVT.
For the electronic slots that operate in premises whose main activity is not the operation of games of luck and chance, the taxable base will be 10 UVT.
In the Bingo Games, the monthly taxable base will be 3uvt for each chair.
For the other localized games the monthly taxable base will be 10 UVT.

73

VAT - Imports that do not cause the tax

Modify literal j) of Section 428 CTC

The importation of goods subject to postal traffic must be less than USD $ 200, and be originally from the countries with which Colombia signed a NAFTA, to avoid the cause of the tax

The importation of goods subject to postal traffic must be less than USD $ 200, and be originally from the countries with which Colombia signed a NAFTA, to avoid the cause of the tax

75

VAT - Transportation of Securities

Add a paragraph 2 to Section 462-1 of the CTC

The securities transport service authorized by the Superintendence of Private Surveillance, goes from excluding to taxes with the special taxable basis of the tax contained in Section 462-1.

The securities transport service authorized by the Superintendence of Private Surveillance, goes from excluding to taxes with the special taxable basis of the tax contained in Section 462-1.

77

Stamp duty

Modify Section 519 of the CTC

1.5% rate timbre tax for alienated goods for a value between 20,000 and 50,000 UVT.
The tax will be 3%, if the alienation value exceeds 50,000uvt.

1.5% rate timbre tax for alienated goods for a value between 20,000 and 50,000 UVT.
The tax will be 3%, if the alienation value exceeds 50,000uvt.

79

Divulgation

Modify Section 583 of the CTC

The DIAN must guarantee the publication of an anonymity and representative sample of the declarations of the different taxes administered by the entity periodically.

The DIAN must guarantee the publication of an anonymity and representative sample of the declarations of the different taxes administered by the entity periodically.

81

Payment agreements

Modify Section 814 of the CTC

Personal guarantees may be accepted when the debt story does not exceed 3,000 UVT.
Similarly, payment facilities will be granted, without guarantees, when the term does not exceed one year and the taxpayer has not breached payment facilities during the year prior to the date of submission of the application.

Personal guarantees may be accepted when the debt story does not exceed 3,000 UVT.
Similarly, payment facilities will be granted, without guarantees, when the term does not exceed one year and the taxpayer has not breached payment facilities during the year prior to the date of submission of the application.

83

GMF

Additions to Section 871 of the CTC

Credit and debit movements originated in electronic payment operations by a cardholder or by the user of an electronic payment means, it is considered a single taxed operation by the cardholding or user of the means of payment until the dispersion of funds to the shops to the businesses to TRUE OF THE ACQUIVERS OR THEIR PAYMENT SERVICES SUPPLIERS, provided that they are operations carried out in the development of the payment acceptance contract in trade

Credit and debit movements originated in electronic payment operations by a cardholder or by the user of an electronic payment means, it is considered a single taxed operation by the cardholding or user of the means of payment until the dispersion of funds to the shops to the businesses to TRUE OF THE ACQUIVERS OR THEIR PAYMENT SERVICES SUPPLIERS, provided that they are operations carried out in the development of the payment acceptance contract in trade

85

Reorganization Agreement

Add to Section 41 of Law 1116 of 2006

The priority of the DIAN obligations and other tax authorities will not be an obstacle to the achievement of the reorganization agreement, provided that a real or furniture guarantee is constituted by insurance policy.

The priority of the DIAN obligations and other tax authorities will not be an obstacle to the achievement of the reorganization agreement, provided that a real or furniture guarantee is constituted by insurance policy.

87

Airport consideration

Modify Section 151 of Law 2010 of 2019

20% of the total consideration will be transferred to the municipalities and districts in which the airports object of the concession are located.

20% of the total consideration will be transferred to the municipalities and districts in which the airports object of the concession are located.

89

BASE INCOME OF INDEPENDENTS

They will make defeated month, on a minimum base of 40% of the monthly value of the income caused, or those effectively received, not including the VAT value. The DIAN may determine a cost presumption scheme in accordance with the provisions of the DANE, the Bank of the Republic, Superintendence of Societies or other entities whose statistics are applicable.

They will make defeated month, on a minimum base of 40% of the monthly value of the income caused, or those effectively received, not including the VAT value.

91

Transitory Moratory Interest Rate

Obligations paid until June 30, 2023 or for payment facilities signed until June 30, 2023, the moratorium interest rate will be reduced by 50%.

Obligations paid until June 30, 2023 or for payment facilities signed until June 30, 2023, the moratorium interest rate will be reduced by 50%.

93

Interest reduction and sanctions

Taxpayers who have not submitted the tax statements to which they were bound by the taxes administered by the DIAN and that they present them before May 31, 2023 with payment or payment facilities signed before June 30, 2023 , sanctions and interest rates will be reduced and liquidated in the following terms:
1. Extemporaneity and interest sanction are reduced by 60%.
It will also apply for taxpayers who correct the statements that submit inaccuracies in taxes
managed by the Dian ..

Taxpayers who have not submitted the tax statements to which they were bound by the taxes administered by the DIAN and that they present them before May 31, 2023 with payment or payment facilities signed before June 30, 2023 , sanctions and interest rates will be reduced and liquidated in the following terms:
1. Extemporaneity and interest sanction are reduced by 60%.
It will also apply for taxpayers who correct the statements that submit inaccuracies in taxes
managed by the Dian ..

95

Icetex contribution

Creation of a contribution to benefit students who finance their studies in higher education through educational credit reimbursable with Icetex.

Creation of a contrabution to benefit students who finance their studies in higher education through educational credit reimbursable with ICETEX.

Section 36-3 CTC

Distribution of profits in shares or quotas of social interest or their transfer to the capital account is a non -constitutive income of income or capital gain.

Section 57-1 CTC

Non -constituent income or capital gain are subsidies and aid granted in the Safe Admission Agro Program and those of the incentive to storage and incentive to rural capitalization.

Transitory paragraph of Section 143-1 CTC

Mining investments will be amortized by the straight line method within 5 years.

Numerals 3, 4 and 5 of Section 207-2 of the CTC

Exempt income from hotel services provided in hotels that are built or remodeled and the exempt income of ecotourism services.

Section 235-3, 235-4 CTC

Tax incentive to mega investments.

Section 306-1 CTC

The prizes for bets in horse races or dogs not greater than 410 UVT are not subjected to retention at the source or capital gain.

Paragraph 7 of Section 800-1 of CTC

Additional projects that could apply to the tax mechanism

Section 5 of Law 487 of 1998

The losses suffered by the disposal of peace security bonds will not be deductible from income tax.

Section 365 of Law 1819 of 2016

Incentives for investments in hydrocarbons (tax refund certificate that corresponds to a value that is not constitutive of income or capital gain)

Section 30 of Law 2133 of 2021

The 2% rate for International Maritime Transport Service

Legislative decrees 560 and 772 are extended until December 31, 2023, with the exception of paragraph 3 of Section 5 of Legislative Decree 560 of 2020

Reorganizations

Section 40 of Law 2068 of 2020 shall be in force until December 31, 2024.

Ultraprocessed Edible Product Tax has governed from November 1, 2023