Exógena 2019: Filing deadlines approaching

Between June 1 and July 1, 2020, legal entities and individuals must submit the exogenous information report for the taxable year 2019.

In the case of large taxpayers, this report must be submitted between June 9 and 24 of the current year at the latest.

The exogenous information report constitutes a set of data that both individuals and legal entities must periodically report to the Dian, in relation to the specifications on the economic operations carried out with third parties.

Now, initially article 45 of Resolution 011004 of 2018 of 2018 stated that this report had to be delivered no later than April 28 and June 10, according to the last digit of the NIT, in the case of large taxpayers, or according to the last two digits for legal and natural persons.

However, due to the effects of the economic crisis derived from the spread of COVID-19 in Colombia, the Dian extended these deadlines in order to help mitigate the effects of the pandemic in the country.

Deadlines for natural and legal persons

“legal and natural persons not qualified as large taxpayers shall submit the exogenous information for the taxable year 2019, no later than between June 1 and July 1, 2020.”

In relation to article 1 of Resolution 000027 of March 25, 2020, by which the second paragraph of article 45 of Resolution 011004 of 2018 was modified, legal and natural persons not qualified as large taxpayers must submit the exogenous information for the taxable year 2019, no later than between June 1 and July 1, 2020, attending to the last two digits of the NIT registered in the RUT.

Deadlines for large taxpayers

“large taxpayers shall file the exogenous information report for the taxable year 2019, between June 9 and June 24 of the current year.”

On May 7, 2020 the Dian issued Resolution 000046, whereby it modified subsection 1 of article 45 of Resolution 011004 of 2018, to establish that natural and legal persons qualified as large taxpayers must submit the exogenous information report for the taxable year 2019, between June 9 and June 24 of the current year, according to the last digit of the NIT registered in the RUT, without taking into account the verification digit, as follows:

Please note that

When the filing of the exogenous information report is not made within the deadlines indicated, the content presents errors or does not correspond to the information requested, the Dian will have the power to apply the penalties provided in article 651 of the Tax Statute -ET-, among which the following stand out:

–5% of the amounts with respect to which the required information was not provided.

–4% of the amounts in respect of which erroneous information was provided.

–3% of the amounts for which information was provided extemporaneously.

–0.5% of the net income, if it is not possible to establish the rate or the information does not have an amount. If there is no income, it will be on 0.5% of the gross equity of the taxpayer or declarant, corresponding to the previous year or last income tax return or income and equity.

–Ignorance ofcosts, exempt income, deductions, discounts, liabilities, deductible taxes and withholdings.

However, it is necessary to highlight that the above penalties, with the exception of the last one, shall not exceed the equivalent of 15,000 UVT ($534,105,000 for 2020).

“if the correction of the exogenous information is made before the expiration of the deadline to file the report, no penalty shall be paid”.

On the other hand, if the correction of the exogenous information is made before the expiration of the deadline for filing the report, no penalty shall be liquidated, in accordance with the provisions of the second paragraph of paragraph two of article 651 of the ET.

Source: Actualize