Presentation of vat and withholding tax without signature of the public accountant

VAT and withholding tax returns that require the signature of the public accountant, and have been filed without this requirement, may be classified by the Dian as not filed, if this entity detects such irregularity before the respective period of finality.

Next, we will answer the following question: What are the tax implications of filing VAT and withholding tax returns without the signature of the public accountant? What is the deadline for the correction process?

Taxpayers who are obliged to file VAT and withholding tax returns with the signature of the accountant, in accordance with the provisions of articles 602 and 606 of the Tax Statute -ET-, and who do not comply with such requirement, are exposed to the Dian detecting this irregularity and consider such returns as not filed, in accordance with the provisions of paragraph d) of article 580 of the ET, provided that this is notified within the period of finality of the return. Otherwise, if after the 3 years in which the return will become final, the tax administration does not make a decision on the matter, it will be understood as validly filed.

However, if the taxpayer decides to correct such returns before receiving the notification for not filing from the Dian, he/she will have to file them again including the signature of the accountant, in which case he/she will have to pay the reduced penalty for untimeliness, mentioned in paragraph 2 of article 588 of the ET, equivalent to 2% of the penalty for untimeliness paid in accordance with the provisions of article 641 of the ET, without exceeding the amount equivalent to 1,300 UVT ($44,551,000 for 2019). Likewise, the resulting penalty may be reduced by 50% or 75%, according to the indications of article 640 of the ET, as long as the resulting value is not lower than the minimum penalty.

It is important to highlight that such correction must be made within the following two (2) years counted from the expiration of the deadline to file, and before the special requirement or statement of objections is notified, in relation to the tax return that is corrected.

Source: Actualícese