Colombia - Income Tax

Colombia - Income Tax

Taxation of international executives

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Tax returns and compliance

When should income tax returns to be submitted to the tax authorities? 

The tax authorities publish a schedule each year (in December of the previous year), which sets out the due dates for submission of the tax returns. Usually those are scheduled during August and the exact due date may differ for each individual based on the last two digits of his/her tax identification number (NIT).

What is the tax year-end? 

The tax year coincides with the calendar year and ends on 31 December.

What are the requirements for completing tax returns in Colombia?

Residents

In general, an individual who have received income and/or own property after 31 December in any tax year must submit a tax return if the income/value of their property is above a certain amount. Failure to do so will result in a monthly penalty, payable in arrears, equal to 5 percent (for each month) of the outstanding tax, capped at 100 percent of the amount payable.

Taxpayers who fulfill any of the  following conditions are able to submit a tax return for FY20156.

  • All individuals whose income is higher than COP 41.654.200, or whose gross equity is higher than COP 133.888.500, within the respective tax year.
  • Credit card purchases or whole purchases during the taxable year that exceed COP 83.308.400.
  • The accumulated balance on banking accounts, savings, deposits or financial investments, during the taxable year that are higher than COP 133.888.500.
  • Foreigners who are no residents for fiscal matters who will have to pay the full current tax rate (33% for FY2016). It is important to mention that if a foreign individual was subject to a withholding of 33%, would not be liable to file the Colombian income tax return.

All foreign nationals are required to obtain a National Identification Number (NIT) to be used in their tax affairs.

Any outstanding tax must be paid at the time of filing the return. Failure to pay tax when due will result in a penalty and interest will accrue daily on any unpaid taxes at a rate of approximately 29,52 percent per annum (until 31 March 2016, for liabilities associated to FY2015). On 1 April 2016, the government will announce the applicable rate for the next quarter.

Employers are obliged to withhold tax from expatriates’ earnings every month as follows:

  • If the expatriate is a non-resident, 33 percent of total monthly compensation should be withheld. 
  • If the expatriate is a resident he will be liable for tax at the progressive rates from 0 percent to 33 percent in accordance with the table determined by law. 

Income that is contributed to a voluntary pension fund in Colombia or to a savings account destined to acquire real estate is considered to be non-taxable income and is excluded from the withholding tax base, providing the total of these contributions and the obligatory contributions do not exceed 30 percent of income, and limited to an annual cap of COP113,061,400 (approximately USD33,200).

Those contributions that are withdrawn before a minimum term of 10 years will be included, however, as income in the year of withdrawal, with the exception of withdrawals made to acquire real estate.

Any tax withheld will be taken into account in the calculation of the final tax liability.

In addition, a deduction from salary is available for interest paid on loans taken out for the home. This, therefore, reduces the income tax and withholding tax bases. It is also important to take into account that 25 percent of labor payments are exempt from income tax, up to a monthly maximum of COP 7,140,120 (approximately USD2,100) for the year 2016 and COP6,786,960 (approximately USD2,000) for the year 2015

Non-residents

A person who does not meet the criteria of a resident is considered to be a non-resident for fiscal matters.

A person who spends less than 183 days in a 12 month period in Colombia during a fiscal year is therefore a non-resident for fiscal matters.

Colombian nationals and foreign taxpayers who are considered non-resident for fiscal matters, are liable for tax in Colombia only on income derived directly or indirectly from a Colombian source.

Tax rates

What are the current income tax rates for residents and non-residents in Colombia?

Residents

For the 2016 tax year, income tax rates increase on a marginal basis from 0 percent to 33 percent as detailed below:

Income tax table for 2016

Taxable income bracket Total tax on income below bracket Tax rate on income in bracket
From COP To COP COP Percent
0 32,430,770
0 0
32,430,770
50,580,100
(Net taxable income - 32,430,770) x 19% 19
50,580,100
121,987,300
(Net taxable income - 50,580,100) x 28% + 3,451,348 28
121,987,300
Onwards (Net taxable income - 121,987,300) x 33% + 23,445,364 33
 
Taxable income bracket Total tax on income below bracket Tax rate on income in bracket
From COP To COP COP Percent
0 29,256,690 0 0
29,256,690 45,629,700 (Net taxable income - 29,256,690) x 19% 19
45,629,700 110,048,100 (Net taxable income - 45,629,700) x 28% + 3,113,556 28
110,048,100 Onwards (Net taxable income - 110,048,100) x 33% + 21,150,708 33

Please note there are no incentives in relation to a taxpayer’s marital status or in respect of dependents.

Non-residents

For foreign non-residents, the income tax rate for taxable year 2016 is 33 percent.

Residence rules

For the purposes of income tax, when is an individual considered to be a resident of Colombia?

Resident

Colombian law states that an individual is considered resident for fiscal matters in Colombia if the individual remains in the country for more than 183 days during a taxable year (1 January to 31 December), whether or not the stay is continuous, or when those 183 days are completed in the taxable year, in a 12 month period.

The term resident may include any national individuals, whose family or main domicile of their businesses remains in Colombia, or more than 50% of the assets are owned in Colombia, even if the individual reside overseas.

Non-resident

A person is considered non-resident if they have not been in the country for more than 183 days during a tax year.

Is there a minimum number of days rule when it comes to residency start and end date? For example, a taxpayer can’t come back to the host country for more than 10 days after their assignment is over and they repatriate.

The count of days spent in the country is calculated upon the individual's arrivals and departures to/from Colombia during the taxable year, regardless of official assignment start or end dates.

What if the assignee enters the country before their assignment begins?

If the individual enters the country before his/her assignment begins, those days are also counted to determine the residence status for income tax purposes.

Termination of residence

Are there any tax compliance requirements when leaving Colombia?

Besides airport and exit taxes, if an individual receives a bonus or other compensation regarding the services rendered in Colombia, after the end of the assignment such bonus or compensation is considered taxable income in Colombia.

What if the assignee comes back for a trip after residency has terminated?

If the trip is in the same taxable year of the end of the assignment, those trip days will be also included within the calculation made to determine the residence status of the individual according to the counting days rule aforementioned.

Communication between immigration and taxation authorities

Do the immigration authorities in Colombia provide information to the local taxation authorities regarding when a person enters or leaves Colombia?

Even though the immigration authority is an independent entity from the tax authority (Dirección Nacional de Impuestos y Aduanas Nacionales DIAN), the DIAN may request at any time the information of every individual who arrives or leaves the country and may ask for the complete report of the arrivals and departures within a taxable year to determine the residence.

Filing requirements

Will an assignee have a filing requirement in the host country after they leave the country and repatriate?

An assignee who has returned to his/her home country, or who has been assigned to a different country, may still be required to file an income tax return in Colombia, depending on the individual’s situation. For example, an assignee that began the tax year as a resident in Colombia and has returned to his/her home country within the same taxable period will be required to file an income tax return in respect of the time he/she rendered the services in Colombia during the year.

Economic employer approach

Do the taxation authorities in Colombia adopt the economic employer approach2 to interpreting Article 15 of the OECD treaty? If no, are the taxation authorities in Colombia considering the adoption of this interpretation of economic employer in the future?

The tax authorities in Colombia have not considered yet the adoption of the interpretation of economic employer.

De minimus number of days

Is there a de minimus number of days before the tax authorities in Colombia will apply the economic employer approach? If yes, what is the de minimus number of days3?

The tax authorities in Colombia have not considered yet the adoption of the interpretation of economic employer.

Types of taxable compensation

What categories are subject to income tax in general situations

In general, all remuneration and allowances paid under an employment contract are subject to income tax as they are income received for services provided in Colombia. For this reason, all payments received in-cash or in-kind by an employee are taxable, regardless of where the compensation is paid. 

  Taxable income Issues to take into account
Colombian nationals on an assignment outside of Colombia Non-residents: Rents and occasional gains in Colombia from national source. Colombian Residents: the taxable income includes worldwide income and gains. Wages paid in Colombia, for work performed outside of the country, are not considered income of national source. Therefore this income is not taxable in Colombia nor is it subject to withholding tax. Proper supporting documentation should be held in order to demonstrate that payments are made on behalf of a foreign entity.
Foreigners on an assignment to Colombia Non-residents: Rents and occasional gains in Colombia from national source. Colombian Residents: the taxable income includes worldwide income and gains.

When a foreign individual is paid abroad for work performed in Colombia, the amount of income which is taxable in Colombia is calculated based on the number of days the expatriate provides the service in Colombia.

Otherwise, Income will be subject to withholding tax at 33 percent.

It should be observed that payments made abroad for services rendered in Colombia, and recharged to a Colombian entity should be reported by such Colombian entity as labor payment and should be subject to withholdings by the Colombian employer. 

Expatriate compensation packages commonly contain the following taxable benefits:

  • base salary
  • housing allowance
  • payment for cost of children’s education
  • bonuses.

Tax-exempt income

Are there any areas of income that are exempt from taxation in Colombia? If so, please provide a general definition of these areas:

  • benefits in respect of an employer owned vehicle used for business purposes.
  • 25 percent of salary (gross income minus costs and deductions)
  • Voluntary contributions to pension funds or AFC savings account are now considered as exempt income and limited to the 30% of taxable income or to an annual cap of COP113,061,400 (approximately USD33,200)

Employer-owned vehicle

The provision of an employer-owned vehicle is not a taxable benefit where the vehicle is used mainly for work purposes.

25 percent of salary

For 2015, 25 percent of salary is exempt from income up to a monthly maximum of COP7,140,120 (approximately USD2,100) for the year 2016 and COP6,786,960 (approximately USD2,000) for the year 2015.

Expatriate concessions

Are there any concessions made for expatriates in Colombia?

Colombia does not have any concessions available for expatriates. The general regime for Colombian individuals applies to assignees.

Salary earned from working abroad

Is salary earned from working abroad taxed in Colombia? If so, how?

The salary earned from working abroad is taxable in Colombia, when the individuals are considered as resident for tax matters. However, the Colombian tax legislation allows to take as a tax credit the taxes paid abroad on the foreign source income, only to the amount that such income would be taxed in Colombia.

Taxation of investment income and capital gains

Are investment income and capital gains taxed in Colombia? If so, how?

Dividends and partnership profits received by foreign nationals, resident in Colombia, are subject to withholding tax on the amount exceeding incidental profit.

Dividends or partnership profits received by non-resident foreign individuals are subject to income tax at the following rates.

  • On income not previously taxed at the corporate or partnership level, the income is taxed at the maximum rate of 33 percent.
  • On income previously taxed at the corporate or partnership level, 0 percent.

Dividends paid out of profits after tax are not taxed in the hands of the shareholder or partner.

Capital gains are generally taxed at 10 percent. For example, capital gains may arise on the sale of fixed assets, owned for more than two years.

Capital gains also arise on prizes, raffles, and lottery winnings in respect of any amount received in excess of the capital subscribed.

Investment income is normally included in the individual’s tax base.

Dividends, interest, and rental income

A dividend includes any ordinary or extraordinary distribution, made in-cash or in-kind, by a company or similar entity, to its shareholders or partners, paid out of net profits earned in the tax year or retained from previous years, including an extraordinary distribution paid on the reorganization or liquidation of the company.

Dividends and profit shares distributed to individuals resident in Colombia are not normally taxable in the hands of the recipient, providing they are paid out of the reported income of the distributing entity.

Interest income received by resident individuals or entities is included as taxable income and taxed under the ordinary rules. For legal purposes, interest is deemed to include all amounts paid by a debtor to a creditor, other than the initial credit granted, even where the amounts may be justified as fees, commissions, or other similar income. Interest also includes amounts paid by a debtor for services directly connected with the credit, which is in excess of amounts specified in the regulations.

Royalties derived from trademarks, patents, copyrights, know-how, and other intangibles assets are included as gross income and are subject to income tax.

Gains from share option exercises

After a certain amount of time with a company, an employee may be entitled to an option to receive shares as an award in an international group company. When considered as nonresident for tax purposes, foreign employees are required to include the benefit of the share options when vesting or exercised, associated to the services rendered in Colombia, in his/her annual income tax return, as with any other labor payments.

Resident employees are required to declare the benefit of the share options for services rendered overseas as well as in Colombia. The tax return must be filed on the following year in which the income is received.

Residency status

Taxable at:

  Grant Vest Exercise
Resident N Y Y
Non-resident N Y Y
Other (if applicable) N Y Y

Foreign exchange gains and losses

Any amounts received in a foreign currency should be converted into Colombian Pesos using the official rate of exchange at the date of payment.

The exchange rate difference, resulting from the adjustments to the closing value of assets, is also treated as income.

Adjustments in respect of exchange differences: payments made in a foreign currency should be recorded in Colombian Pesos, using the official rate of exchange at the date of acquisition.

At the year end, any outstanding balances should be restated using the official rate of exchange at that date and any differences should be credited/charged to the profit and loss account.

Likewise, at the date when an outstanding balance is settled, any difference between the amount actually paid and the respective account payable should be credited/charged to the profit and loss account.

Please note that any inflationary component of the adjustment due to exchange rate differences is not deductible.

Gains and losses in respect of principle residence

No information available.

Capital losses

Capital losses can be deducted from capital gains, resulting in a net capital gain or loss.

For the purpose of determining the net capital gain, no losses shall be allowed in respect of:

  • the sale of social rights or shares of family companies
  • the sale of fixed assets.

Where fixed assets are owned for less than two years, the profit or loss on sale of such assets should be treated as an ordinary taxable income.

Items for personal use

No information available.

Gifts

As capital gains for taxpayers subject to this tax are those originated in inheritance, bequests and donations, and the amount received as marital portion. Such gains are taxable based on the monetary value at the time the gift is received.

The monetary value of goods inherited or received as bequests, is the value recorded in the income and net worth tax return of the decedent on the last day of the taxable period prior to the year of his/her death.

Where donations are received as goods, their monetary value is determined from their fiscal value, recorded in the income and net worth tax return of the donor for the immediately preceding taxable period.

Where the property is acquired by the donor in the same year as the gift is made the monetary value of the donation is taken to be the fiscal cost.

Additional capital gains tax (CGT) issues and exceptions

Are there additional capital gains tax (CGT) issues in Colombia? If so, please provide details?

Capital gains are normally subject to ordinary income tax (10 percent), with the exception of a few items which are either subject to special tax rules or exempt from income tax altogether.

The taxable gain is the difference between the fiscal cost and the transfer price.

When computing taxable income or capital gains from the transfer of immovable property in Columbia, the fiscal cost of the property should be adjusted in accordance with the calculation change in the consumer price index. In addition, the original cost may be adjusted by the value of improvements and additions.

To compute the capital gain derived from the transfer of shares or contributions that are treated as fixed assets, the cost should be adjusted in accordance with the consumer price index.

The cost of immovable property includes the cost of construction, any improvements to the property which have not been deducted as repairs, any expenses and taxes which were necessary to put the asset into use, any financial expenses which have been capitalized, and the adjustment for inflation up to December 2006, less any depreciation claimed.

The cost of movable property includes the acquisition price, the cost of any additions or improvements, any expenses and taxes which were necessary to put the asset into use, any financial expenses which have been capitalized and the adjustment for inflation up to December 2006, less any depreciation claimed.

Assets held for more than two years are subject to income tax at 10%, and are calculated independent from the taxable income.

Withholding tax is not applicable on the sales of shares through brokerage companies.

Profits from the sale of shares on a Colombian stock exchange are not taxable, providing the individual does not hold more than 10 percent of the shares of the company.

Are there any exemptions in respect of capital gains? If so, please provide details?

Exempt capital gains

Assignments for death causes or marital portions to legitimate heirs and spouses. Inheritances or bequests to persons different from legitimate heirs and spouse. Capital gains are exempt from income taxation in the following instance:

  • gains arising from inheritance legacies and give up to certain amount
  • prices received in open contests having a scientific, literary, journalistic, artistic or sporting nature approved by the national government up to a certain limit.

Pre-CGT assets

No information available.

Deemed disposals and acquisitions

No information available.

General deductions from income

What are the general deductions from income allowed in Colombia?

General deductions

Generally any expenses incurred during the year which are necessary to develop an income-generating activity are deductible.

Certain items are deductible from an individual’s gross income to arrive at the net taxable base, as follows:

  • interest payment on loans taken out to acquire the taxpayer’s dwelling, providing the loan is secured by a mortgage and in accordance with certain rules , limited to COP 35,703,600 (USD 10,500, approx.).
  • payments made towards health insurance, prepaid medical plans, limited to COP476,048  (USD140)
  • Payments for economical dependents, limited to 10 percent of gross income or to COP952,096  (USD280, approx).

Tax reimbursement methods

What are the tax reimbursement methods generally used by employers in Colombia?

Generally, employers in Colombia will refund the cost of expenses. Now, regarding withholdings, if the employer practiced a withholding which exceeded the liability of the employee, such employee could request directly the excess of withholding to the employer. 

Calculation of estimates/prepayments/withholdings

How are estimates/prepayments/withholdings of tax handled in Colombia? For example, Pay-As-You-Earn (PAYE), Pay-As-You-Go (PAYG), and so on.

The aim of withholding tax in Colombia is to collect the tax in the same period that it accrues, that is, tax is withheld on a monthly basis at the same time the salary payments are made to the individual (PAYE).

Pay-as-you-go (PAYG) withholding

No information available.

PAYG installments

No information available.

When are estimates/prepayments/withholdings of tax due in Colombia? For example: monthly, annually, both, and so on.

In the same month the tax accrues.

Relief for foreign taxes

Is there any Relief for Foreign Taxes in Colombia? For example, a foreign tax credit (FTC) system, double taxation treaties, and so on?

If a tax resident individual pays tax in another country, on income earned abroad (foreign source income), the amount of tax paid abroad may be deducted from the tax payable in Colombia, up to 100 percent of the tax payable in Colombia in respect of that income.

In addition, the tax credit is also capped to the 75% of the tax due that results from the calculation of the presumptive rent system. 

General tax credits

What are the general tax credits that may be claimed in Colombia? Please list below.

A credit for foreign tax is available for residents for tax purposes. Any income tax paid overseas is taken as a tax credit from the Colombian tax, up to a maximum of 100 percent of the Colombian tax due in respect of that income.

In addition, the tax credit is also capped to the 75% of the tax due that results from the calculation of the presumptive rent system.

Sample tax calculation

This calculation5 assumes a married taxpayer resident in Colombia with two children whose three-year assignment begins 1 January 2016 and ends 31 December 2018. The taxpayer’s base salary is USD100,000 and the calculation covers three years.

  2016
USD
2017
USD
2018
USD
Salary 100,000 100,000 100,000
Bonus 20,000 20,000 20,000
Cost-of-living allowance 10,000 10,000 10,000
Housing allowance 12,000 12,000 12,000
Company car 6,000 6,000 6,000
Moving expense reimbursement 20,000 0 20,000
Home leave 0 5,000 0
Education allowance 3,000 3,000 3,000
Interest income from non-local sources 6,000 6,000 6,000

Exchange rate used for calculation: USD1.00 = COP3,430.00.

Other assumptions

  • All earned income is from local sources.
  • Bonuses accrue evenly over the tax year and are paid on 31 December.
  • Interest income is not remitted to Colombia.
  • The company car is used for business and private purposes and originally cost USD50,000.
  • The employee is deemed to be Colombian resident throughout the assignment.
  • Tax treaties and totalization agreements are ignored for the purpose of this example.
  • The tributary value units for FY 2016 are COP 29,753, and for FY 2017 and 2018 the tributary value units were calculated based on an estimate yearly increase of 6 percent of the prices index.

Calculation of taxable income

Year-ended 2016
COP
2017
COP
2018
COP
Days in Colombia during year 365 365 365
Earned income subject to income tax      
Salary 330.000.000 
330.000.000 
330.000.000 
Bonus 66.000.000 
66.000.000 
66.000.000 
Cost-of-living allowance 33.000.000 
33.000.000 
33.000.000 
Net housing allowance 39.600.000 39.600.000 
39.600.000 
Company car     19.800.000  19.800.000  19.800.000 
Home leave - - -
Education allowance   16.500.000   
Interest income from non-local sources 9.900.000  9.900.000  9.900.000 
Total earned income 376.800.000  388.800.000  376.800.000 
Other income      
Total income 498.300.000  514.800.000  498.300.000 
Less: Costs 8.273.448  8.770.000  9.296.000 
Less: Economic dependents 952.096  1.009.000  1.070.000 
Sub total 489.074.456  505.021.000  487.934.000 
Less: Pension contributions 12.410.172  13.155.000  13.944.000 
Less: Exempt income 85.688.640  90.830.000  96.280.000 
Total taxable income 390.975.644  401.036.000  377.710.000 
       

Calculation of tax liability

Year-ended 2016
COP
2017
COP
2018
COP
Days in Colombia during year 365 365 365
Taxable income as above 390.975.644 
401.036.000 
377.710.000 
Colombian value tax unit 13.141 
12.716 
11.298 
Tax in value tax units 3.771 
3.631 
3.163 
Total Colombian tax 112.211.518 
114.522.808 
105.756.084 
  • All earned income is from local sources.
  • Bonuses accrue evenly over the tax year and are paid on 31 December.
  • Interest income is not remitted to Colombia.
  • The company car is used for business and private purposes and originally cost USD50,000.
  • The employee is deemed to be Colombian resident throughout the assignment.
  • Tax treaties and totalization agreements are ignored for the purpose of this example.
  • The tributary value units for FY 2013 are COP26,841, and for FY 2014 and 2015 the tributary value units were calculated based on an estimate yearly increase of 3 percent of the prices index.

Calculation of taxable income


Year-ended 2013
COP
2014
COP
2015
COP
Days in Colombia during year 365 365 365
Earned income subject to income tax      
Salary 180,000,000 180,000,000 180,000,000
Bonus 36,000,000 36,000,000 36,000,000
Cost-of-living allowance 18,000,000 18,000,000 18,000,000
Net housing allowance 21,600,000 21,600,000 21,600,000
Company car 10,800,000 10,800,000 10,800,000
Home leave   9,000,000  
Education allowance 5,400,000 5,400,000 5,400,000
Total earned income 271,800,000 280,800,000 271,800,000
Other income      
Total income 271,800,000 280,800,000 271,800,000
Less: Costs 6,720,000 7,242,000 7,459,000
Sub total 265,080,000 264,558,000 264,341,000
Less: Exempt income 55,800,000 52,828,000 55,431,000
Less: Pension contributions 6,720,000 10,602,000 10,819,000
Total taxable income 199,200,000 207,417,000 198,091,000

Calculation of tax liability


Year-ended 2013
COP
2014
COP
2015
COP
Days in Colombia during year 365 365 365
Taxable income as above 199,200,000 207,417,000 198,091,000
Colombian value tax unit 7,421 7,503 6,957
Tax in value tax units 1,884 1,911 1,731
Total Colombian tax 50,571,000 52,828,000 49,281,000

  • All earned income is from local sources.
  • Bonuses accrue evenly over the tax year and are paid on 31 December.
  • Interest income is not remitted to Colombia.
  • The company car is used for business and private purposes and originally cost USD50,000.
  • The employee is deemed to be Colombian resident throughout the assignment.
  • Tax treaties and totalization agreements are ignored for the purpose of this example.
  • The tributary value units for FY 2013 are COP26,841, and for FY 2014 and 2015 the tributary value units were calculated based on an estimate yearly increase of 3 percent of the prices index.

Calculation of taxable income


Year-ended 2013
COP
2014
COP
2015
COP
Days in Colombia during year 365 365 365
Earned income subject to income tax      
Salary 180,000,000 180,000,000 180,000,000
Bonus 36,000,000 36,000,000 36,000,000
Cost-of-living allowance 18,000,000 18,000,000 18,000,000
Net housing allowance 21,600,000 21,600,000 21,600,000
Company car 10,800,000 10,800,000 10,800,000
Home leave   9,000,000  
Education allowance 5,400,000 5,400,000 5,400,000
Total earned income 271,800,000 280,800,000 271,800,000
Other income      
Total income 271,800,000 280,800,000 271,800,000
Less: Costs 6,720,000 7,242,000 7,459,000
Sub total 265,080,000 264,558,000 264,341,000
Less: Exempt income 55,800,000 52,828,000 55,431,000
Less: Pension contributions 6,720,000 10,602,000 10,819,000
Total taxable income 199,200,000 207,417,000 198,091,000

Calculation of tax liability


Year-ended 2013
COP
2014
COP
2015
COP
Days in Colombia during year 365 365 365
Taxable income as above 199,200,000 207,417,000 198,091,000
Colombian value tax unit 7,421 7,503 6,957
Tax in value tax units 1,884 1,911 1,731
Total Colombian tax 50,571,000 52,828,000 49,281,000

  • All earned income is from local sources.
  • Bonuses accrue evenly over the tax year and are paid on 31 December.
  • Interest income is not remitted to Colombia.
  • The company car is used for business and private purposes and originally cost USD50,000.
  • The employee is deemed to be Colombian resident throughout the assignment.
  • Tax treaties and totalization agreements are ignored for the purpose of this example.
  • The tributary value units for FY 2013 are COP26,841, and for FY 2014 and 2015 the tributary value units were calculated based on an estimate yearly increase of 3 percent of the prices index.

Calculation of taxable income


Year-ended 2013
COP
2014
COP
2015
COP
Days in Colombia during year 365 365 365
Earned income subject to income tax      
Salary 180,000,000 180,000,000 180,000,000
Bonus 36,000,000 36,000,000 36,000,000
Cost-of-living allowance 18,000,000 18,000,000 18,000,000
Net housing allowance 21,600,000 21,600,000 21,600,000
Company car 10,800,000 10,800,000 10,800,000
Home leave   9,000,000  
Education allowance 5,400,000 5,400,000 5,400,000
Total earned income 271,800,000 280,800,000 271,800,000
Other income      
Total income 271,800,000 280,800,000 271,800,000
Less: Costs 6,720,000 7,242,000 7,459,000
Sub total 265,080,000 264,558,000 264,341,000
Less: Exempt income 55,800,000 52,828,000 55,431,000
Less: Pension contributions 6,720,000 10,602,000 10,819,000
Total taxable income 199,200,000 207,417,000 198,091,000

Calculation of tax liability


Year-ended 2013
COP
2014
COP
2015
COP
Days in Colombia during year 365 365 365
Taxable income as above 199,200,000 207,417,000 198,091,000
Colombian value tax unit 7,421 7,503 6,957
Tax in value tax units 1,884 1,911 1,731
Total Colombian tax 50,571,000 52,828,000 49,281,000

Footnotes

1The official US currency is the US Dollar (USD).

2Certain tax authorities adopt an ‘economic employer’ approach to interpreting Article 15 of the OECD model treaty which deals with the Dependent Services Article. In summary, this means that if an employee is assigned to work for an entity in the host country for a period of less than 183 days in the fiscal year (or, a calendar year of a 12-month period), the employee remains employed by the home country employer but the employee's salary and costs are recharged to the host entity, then the host country tax authority will treat the host entity as being the ‘economic employer’ and therefore the employer for the purposes of interpreting Article 15. In this case, Article 15 relief would be denied and the employee would be subject to tax in the host country.

3For example, an employee can be physically present in the country for up to 60 days before the tax authorities will apply the ‘economic employer’ approach.

4The profit or loss generated in the sale of fixed assets owned for less than two years must be treated as an ordinary taxable income.

5Sample tax calculation generated by KPMG Impuestos y Servicios Legales Ltda., the Colombian member firm of KPMG International, based on the Colombian Tax Code, Articles 25, 90, and 407 to 411 and the Colombian National Constitution, Article 338.

© 2016 KPMG Impuestos y Servicios Legales Ltda, a Colombian limited liability company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.

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