Aspects related to the filing of personal income tax returns for individuals

At the time of filing the income tax return it is important to consider some aspects related to inconsistencies that may arise in the filing or with special treatments that some returns must have:

Incorrectly registered economic activity code

According to article 43 of Law 962 of 2005 and Circular 00118 of 2005, errors related to the period to be declared, the concept of the tax to be cancelled or the taxpayer’s economic activity code, among others, shall be considered as minor inconsistencies that do not generate that the tax return is understood as not filed.

To correct the inconsistency in the taxpayer’s economic activity code, it is necessary to enter the registered users’ area in the Dian portal and, subsequently, the option to request the correction of inconsistencies. It is also possible to use the “Consultation of inconsistencies” computer service.

In this way, the taxpayer must, through the Dian’s virtual service, inform that the economic activity code was incorrectly filled in. Once this process is completed, the system will generate form 1103 (Control and support of modifications), in which the corrected inconsistency will be recorded.

When filing the income tax return for the taxable year 2021, individuals must take into account several aspects that will influence whether the return is correctly filed or, on the contrary, errors are made at the time of filing it.

Filing of the income tax return of a minor

In the case of the income tax return of a minor considered by the Dian as a taxpayer, when the representative or the person signing on behalf of the minor has an electronic signature, it will not be mandatory to file the return through the electronic computer services of the entity. This occurs because Resolution 12761 of 2011, which defines which taxpayers must file their returns and fill out their payment receipts virtually, does not contemplate that minors whose representative has an electronic signature are obliged to file the return in such manner.

In this order of ideas, if the minor must file his tax return, but the aforementioned resolution does not consider him to be obliged to file virtually, then it does not matter whether the person signing the return has an electronic signature or not, since the return may be filed on paper. On the other hand, it is important to know that if the minor has a RUT and his tax returns will be signed by a representative, in box 98 (Representation), on the third page of said document (page 3, “Representatives”), the code corresponding to the type of representative of the minor must be entered (for example, code 17 is assigned when the representative of the minor is his father).

Submission of declaration of assets abroad

Between the months of August and October 2022 the deadlines will expire for resident individuals and/or illiquid successions that are not classified as large taxpayers to timely file their income tax return for the taxable year 2021 and, if applicable, the declaration of assets held abroad as of January 1, 2022 (see article 1.6.1.1.13.2.26 of DUT 1625 of 2016, as amended by Decree 1778 of 2021).

If a natural person is obliged to file both tax returns, he/she must take into account that all taxpayers obliged to file the declaration of assets abroad as of January 1, 2022 (form 160) must do so virtually; otherwise, it will be understood as not delivered.

Income tax return deemed as not filed

Pursuant to article 580 of the ET, a tax return may be considered as not filed when:

– It is not filed in the places indicated for such purpose.

– The identification of the declarant is not provided or it is done erroneously.

– It does not contain the necessary factors to identify the taxable bases.

– It is not filed signed by the person who must comply with the formal duty to file, or when the signature of the public accountant or tax auditor is omitted, even though there is a legal obligation to have it.

Suggested income tax return

Since taxable year 2018, the Dian has been implementing the suggested income tax return in order to facilitate compliance with such obligation by individuals resident in Colombia who obtained income in the work or pension income tax returns, according to the information of the exogenous report. This suggested return is an alternative that allows the taxpayer to know the exogenous information related to the boxes of gross income and income not constituting income or occasional gain associated to the work or pension income tax returns, and the withholdings made during the respective fiscal year.

This initiative outlines a process of interaction between the taxpayer and the tax administration. With the data automatically filled in, according to the exogenous information reports, the individual must complete the filling in of the other fields of the return in case he/she has other income or concepts in the remaining fields of form 210.

Once the taxpayer accepts the value of the suggested income, he/she must enter in the return the information of the net worth and edit the exempt income and tax deductions related to his/her economic reality. It is important to take into account that, if the information contained in the suggested income tax return does not reflect the reality of the taxpayer’s tax situation, the taxpayer may refer to the program Ayuda Renta to prepare the return with the information available to the responsible party.

Source: Actualícese

Aspectos relacionados con la presentación de la declaración de renta de personas naturales