Tax and Legal News

Publications of the most relevant regulatory changes, resolutions and judgments during the year in relation to tax, corporate, labor, transfer pricing and intellectual property issues.

Modifications for the implementation of telework

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Last July 18, 2022, the Ministry of Labor issued Decree 1227 of 2022 with which it modified several aspects regarding the implementation of telework in the public and private sector. In this regard, the following are the most relevant changes that private sector companies and public sector entities must take into account when implementing this type of work, in order to guarantee labor rights and avoid penalties.

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Capitalization of profits that do not constitute a taxable income or a capital gain

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As it is well known, incomes that do not constitute of taxable income or capital gain (INCIOCG) have a restrictive interpretation and its applicability is limited only to those events expressly established by tax law.

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Companies supervised by the superintendence of companies

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The Superintendence of Corporations has the authority to supervise all those companies that are not supervised by other superintendencies, regarding their formation, operation and the development of their corporate purpose, which must be in accordance with the law and the Company's bylaws.

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IBC regulation of self-employed workers: a clear example of legislative negligence

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On the occasion of the unenforceability of Article 244 of Law 1955 of 2019, recently the national government, headed by the Ministry of Finance and Public Credit, the Ministry of Labor and the Ministry of Health and Social Protection, issued a unified concept in order to provide clarity about the Contribution Base Income (IBC) of all self-employed workers. Likewise, the Ministry of Health issued Decree 1601 of 2022 regulating the presumption of income system, in accordance with the order of the Council of State in Ruling 3120 of May 5, 2022. Despite the fact that with both documents several concerns regarding the calculation of the IBC of independent workers were clarified, some doubts persist.

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Reforma tributaria 2022 - Análisis comparativo

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El lunes 8 de agosto de 2022 el Gobierno Nacional entrante radicó ante la Cámara de Representantes el Proyecto de Ley 118, que contiene el proyecto de reforma tributaria 2022.
Es posible que este proyecto sufra cambios en su trámite ante el Congreso de la República. Dentro de la Resolución se destacan los siguientes puntos:

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Colombian visa regulations and processes were updated with Resolutions 5477 and 5488

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Last July 22, 2022, the Ministry of Foreign Affairs issued Resolution 5477 - which dictates provisions on visas that exist to enter and stay in Colombia and repeals Resolution 1980 of March 19, 2014 and Resolution 6045 of August 2, 2017-. Likewise, it issued Resolution 5488 -through which new visa exemptions are established, transit visas are issued, other terms are dictated in migratory matters, and Resolution 10535 of 2018 is repealed.

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Deadline for the registration of beneficial owners of legal entities in Panama

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The Superintendence of Non-Financial Entities of Panama by Ruling No. S-011-2022 established a deadline of September 30, 2022 for resident agents to register the information of the Beneficial Owners of legal entities in the Private and Unique System of Registration of Beneficial Owners.

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Know what you need to do to be excluded from the Simple Regime

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The Simple Taxation Regime states that to belong to it, a taxpayer cannot obtain an income greater than 100,000 UVT.

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The deadlines for filing formal transfer pricing duties begin during the month of September

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The deadlines for the presentation of the formal transfer pricing duties, specifically the informative declaration and the initial local report on September 7 of the current year, according to the last number of the NIT, as follows:

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Council of State orders the National Government to regulate the presumption of income system

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By Ruling 3120 of May 05, 2022, the Fifth Section of the Council of State ordered the National Government, represented by the President of the Republic and the Ministry of Health and Social Protection for this case, to issue within six months following the notification of said decision the income presumption system referred to in Article 33 of Law 1438 of 2011.

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