Decree 2039 of 2023 – Significant Economic Presence

Decree 2039 of 2023 – Significant Economic Presence

As from January 1, 2024, non-residents in Colombia will be taxed in Colombia on income from the sale of goods or rendering of services, when they have significant economic presence in Colombia, that is:

a) The non-resident person or entity not domiciled in the country maintains an interaction or marketing deployment with three hundred thousand (300,000) or more clients and/or users located in the Colombian territory during the previous taxable year or the current taxable year; or.

b) The non-resident person or entity not domiciled in the country maintains or establishes the possibility of displaying prices in Colombian pesos (COP) or allowing payment in Colombian pesos (COP).

E.C. Ruling 23854 of 2022 – Correction in the imputation of balances in favor of the Company.

E.C. Ruling 23854 of 2022 – Correction in the imputation of balances in favor of the Company.

The request to correct errors in the imputation of credit balances or tax advances from one tax return period to the next, made based on Article 43 of Law 962 of 2005, is not subject to the limit of the term of finality of the tax returns, nor to the terms of opportunity for corrections of Articles 588 and 589 of the Tax Statute.

The special correction procedure foreseen in article 43 of Law 962 of 2005 allows making modifications to the tax return to increase or decrease the amounts imputed from one tax return period to the next.

DIAN 1028 of 2023 – Extension of contracts for the importation of technology

DIAN 1028 of 2023 – Extension of contracts for the importation of technology

For purposes of Article 123 of the Tax Statute, the automatic extension of a technology import contract is not equivalent to its modification, assuming that: (i) such contract was timely registered before the DIAN when it was signed by the taxpayer, and (ii) the terms and conditions initially agreed are maintained. In this sense, it will not be necessary to carry out a new registration of the same.