This GMS Flash Alert reports that by October 22, individuals considered as resident in Colombia for tax purposes and obligated to file a Colombian income tax return must file an overseas assets declaration.
Resolution 00096 of September 14, 2015, issued by the Colombian tax authority (i) prescribes the declarative form to complete and submit in respect of overseas assets owned by individuals and (ii) determines who is liable to file the form. Individuals considered as resident in Colombia for tax purposes and obligated to file a Colombian income tax return are subject to completing and submitting this form, which must include a declaration of any assets owned outside of Colombia, at January 1, 2015.
The Colombian government is stepping up efforts to inhibit tax avoidance and bring into the tax net assets that should be subject to Colombian taxation.
Affected individuals need to be aware of the new rules and requirements and take steps to identify assets subject to declaration to the tax authority. Failure to comply with the rules, could subject individuals to considerable penalties.
There is a tight deadline for individuals to meet their filing obligations, so if subect to these rules, they should act without delay.
It is important to bear in mind that the timeframe for filing this form on time begins October 8 and ends on October 22. Filing must be done through the Web site of the DIAN (Dirección de Impuestas y Aduanas Nacionales) – the URL is: www.dian.gov.co. To do this, an individual must have a digital signature, which can be obtained from the DIAN.
The data requested by the DIAN for this information return includes:
Please note that a penalty fine for failure to accurately report can be assessed by the DIAN at an amount of 5 percent of the value of the asset that was omitted from or under-valued in the form.
For additional information or assistance, please contact your local GMS or People Services professional or one of the following professionals with KPMG Tax & Legal in Colombia:
María Consuelo Torres
tel. +57 (1) 618 8000
Carlos Enrique Neira Recamán
tel +57 (1) 618 8000 ext. 1511
The information contained in this newsletter was submitted by the KPMG International member firm in Colombia.
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