Finality of the tax return when a refund of the tax credit balance is requested

Taxpayers who in their income tax returns have liquidated a balance in favor may request a refund from the Dian. The period of validity of such return once the request for refund has been filed must be taken into account.

The second paragraph of article 714 of the Tax Statute -ET- states that the tax return in which a balance in favor of the taxpayer or responsible party is presented will be final if 3 years after the date of filing the request for refund no special requirement has been notified.

When the initial return has been filed out of time, the (3) years will count from the date of filing.

The tax return in which a balance in favor of the taxpayer or responsible party is presented will be final if, (3) years after the date of filing the request for refund or compensation, no special requirement has been requested.

When the balance in favor is imputed in the tax returns of the following tax periods, the term of finality of the tax return in which a balance in favor is presented will be of 3 years following the date of expiration of the term to declare, or from the date of its presentation in case it has been made extemporaneously.

In this order of ideas, the tax return where the balance in favor was originated, which was subsequently carried forward to the tax return of the following taxable year in which the respective request for refund was made, shall be 3 years from the date of expiration of the term to file the tax return or from the date of its filing in case it was filed out of time.

Source. Update

Firmeza de declaración de renta cuando se solicita devolución de saldo a favor