Income tax return: Penalty for untimely filing of tax returns

When the taxpayer does not file his return within the deadlines stipulated by the Government, it is advisable to do so before the Dian issues the summons for not filing, otherwise the penalty will be doubled; the tax reform introduced the possibility of reducing certain penalties.

Let us answer the following question: When a person is notified by the Dian to file the income tax return within a period not exceeding one month, must this person calculate the penalty for untimeliness and in turn the penalty for failure to file bearing in mind that he/she was notified?

When a taxpayer receives a document issued by the Dian with the purpose of filing the income tax and complementary tax return, when complying with such request voluntarily, the penalty for untimeliness must be paid, but not the penalty for not filing the tax return.

Thus, if the taxpayer files the return voluntarily, he must determine the penalty for untimeliness in accordance with the provisions of article 641 of the ET, to which three paragraphs were added through article 283 of Law 1819 of 2016; but if he does so after the summons issued by the Dian, the penalty will be double since this is established in article 642 of said statute, reason why, it is advisable to act before the summons.

However, it is worth mentioning that article 640 of the ET modified by article 282 of the structural tax reform contemplates the possibility of reducing the penalties to 50% or 75% if the taxpayer complies with the requirements indicated in the same regulation; conditions that you can know in detail in our case study titled Requirements to liquidate the penalty in a reduced form.

Let us remember that the guidelines to calculate the penalty for not filing a return are contemplated in article 643 of the ET modified by article 284 of the structural tax reform and this can only be determined by the Dian in the ex officio liquidation, when the taxpayer did not file the return voluntarily.

Source: Actualícese