Individuals not required to file income tax returns for AG 2022: what happens to the AG 2021 credit balance?

According to what is indicated in articles 592 and 594-3 of the Tax Statute -ET-, in conjunction with the provisions of article 1.6.1.1.13.2.7 of DUT 1625 of 2016, after being replaced with Decree 2487 of December 16, 2022, individuals and/or illiquid successions (resident or non-resident) may be exempted from filing their income tax return for the taxable year 2022 if they comply with all the requirements mentioned therein.

In addition, according to the provisions of Article 6 of the ET, only resident individuals who are not required to file income tax returns, but to whom during the tax year any amount has been withheld at the source for income or occasional gain, would be allowed to file their income tax return voluntarily. That is to say, the aforementioned voluntary return could not be filed by illiquid successions.

Now, if a natural person or illiquid succession (resident or non-resident) concludes that it is not obliged to file an income tax return for the taxable year 2022 and that it will not do so voluntarily, but it happens that it did file an income tax return for the taxable year 2021 and in such return a credit balance had been settled, then the question arises:

What would happen with such balance in favor?

In a case such as the one raised above, the provisions of article 1.6.1.1.21.24 of DUT 1625 of 2016, which reads as follows, must be borne in mind:

Article 1.6.1.1.21.24. Imputation of balances in favor. Balances in favor originated in income tax and sales tax returns, may be imputed in the tax return of the following period for their total value, even when with the imputation a new balance in favor is generated.

When the responsible party has had sales tax withholdings made and the balance in favor for this concept has been the object of a request for refund and/or compensation, only the difference between the balance in favor of the period and the value requested for refund and/or compensation may be imputed.

Source: Actualize.

Personas naturales no obligadas a declarar renta del AG 2022: ¿qué sucede con el saldo a favor del AG 2021?