Forms 110 and 210: New for taxable year 2018

By means of Resolution 000016 of March 7, 2019, form 110 was prescribed for returns for the taxable year 2018 and fraction of 2019. In addition, form 210 was prescribed for the taxable year 2018 and will not be applicable for part of 2019. Below, we describe its novelties.

“The Dian complied with the timely issuance of form 210 for the taxable year 2018, but it has not yet issued the prevalidator of form 2517 (version 1) for the taxable year 2018.”

With resolution 000016 of March 7, 2019, the Dian prescribed forms 110 and 210 for taxable year 2018.

What is new in form 110 for taxable year 2018?

–Thisform will serve for taxable year 2018 returns and for returns for fraction of taxable year 2019. However, from our point of view, form 110 will not be able to be used to file the returns for fraction of the taxable year 2019, since the Dian did not include lines to individually control the liquidation of the tax on taxed and non-taxed dividends, mentioned in the new article 242-1 of the Tax Statute -ET-.

–TheDian needed to include these new lines to control this tax individually, as well as lines 72, 73, 74, 85, 86 and 87 are used to control in this way the taxation on dividends of articles 245 and 246 of the ET, which apply to non-resident individuals, foreign entities and branches of foreign companies.

–Whencomparing form 110 for taxable year 2017 with the new form for taxable year 2018, the Dian eliminated both the item that previously appeared in line 94 of the form for taxable year 2017, as well as the item that was in line 99 of the form for taxable year 2017. As a result, the 2018 taxable year form has 103 lines, compared to the 105 that the previous form had.

– Resolution 000052 of October 30, 2018 provided that this timetheform 2516 version 2 for the tax reconciliation report for taxable year 2018, must be filed on the Muisca platform before the due date for the filing of form 110 for taxable year 2018. However, the Dian has not released the prevalidator of said format and neither has it enabled in Muisca the reception of its XML file.

News on form 210 for taxable year 2018

–TheDian complied with the timely issuance of the form 210 for the taxable year 2018, but it has not yet issued the prevalidator of the form 2517 (version 1) for the taxable year 2018, which must be filled in and delivered before the filing of the income tax return of the resident individuals who keep accounting records and declare in the form 210.

– Form 210 prescribed for taxable year 2018 may not be used to file returns for “fraction of taxable year 2019”. For the latter case, the Dian will first have to wait for the changes introduced with Law 1943 of 2018 to be regulated, and then issue a form 210 to be used for returns for “fraction of taxable year 2019”.

–Whencomparing what was the form 210 for the taxable year 2017 with the current one, in the schedule of earned income, lines 32 to 37, it did not include a new one to declare the “liquid losses” that may be formed within such schedule.

–Fromour point of view, it is negative that the Dian has provided that within line 33, where the “untaxed income” of the schedule of earned income is subtracted, the “costs and expenses” are also included. This last item should have had a separate line item, as is the case within the “capital income” (line 45) and “non-labor income” (line 57) schedules.

Source: Actualize