Income tax return: Implications of not stamping form 210

Between August 6 and October 17, 2019 are the deadlines for individuals not classified as large taxpayers to file their income tax return; in this regard, we highlight when the 490 receipt must be filed and what are the implications of not stamping form 210.

In the preparation of the income tax return for the taxable year 2018, resident individuals must pay special attention to the cases in which they will have to file the 490 form before the entities authorized to collect, and when the 210 form exclusively, since the above will depend on the correct filing of their income tax return.

Thus, according to the above, form 490 must only be filed by individuals who have an electronic signature and file virtually through the Dian’s computer services, or by those who file their income tax return without the respective payment and file it outside the initial deadline.

However, it is necessary to point out that when individuals who do not have an electronic signature file the respective form 210 together with form 490, they must take into account that both must be stamped by the officer of the banking entity, since in the event that such procedure is carried out only for the receipt 490, form 210 will be understood as not filed; situation in which the Dian will register a payment, without any associated return.

In this regard, it is valid to remember that paragraph 1 of article 580-1 of the Tax Statute-ET-, modified by article 271 of Law 1819 of 2016, establishes that the income tax returns that are filled out through the computer services of the Dian, even if they have not been registered by the banking entity in the system of the tax administration, will be understood as filed, provided that an official receipt of payment attributable to the taxable concepts and periods contained in said return has been entered but only for those corresponding to taxable periods between 2006 and 2015. Thus, it is understood that, for purposes of income tax returns filed as from taxable year 2016, such benefit would not apply; and even if the payment of the tax due has been made, the respective return must be filed again settling the penalty for untimeliness contemplated in article 641 of the ET, together with the interest for late payment to which it may be applicable.

In addition, the taxpayer must request the Dian that the payment made with form 490 be imputed to the return to be filed out of time. It is worth mentioning that the penalty for untimeliness mentioned above may be reduced by 50% or 75%, applying the rule of Article 640 of the ET.

“If individuals are obliged to file the income tax return in person by lithographic means, it is not necessary that they fill out form 490”.

On the other hand, we can highlight that if individuals are obliged to file the income tax return in person by lithographic means, it is not necessary to fill out form 490, since form 210 may be used to make the payment of the tax payable, filling in box 980 with the amount to be paid, to which the bank official must affix the stamp of received with payment.

Source: Actualícese