Tax calendar 2018: points to be taken into account for taxpayers.

For taxpayers responsible for the simplified regime of the INC, as well as for those who plan to avail themselves of the regulated mechanism of works for taxes, the 2018 tax calendar presents some points to take into account, and with these, also some shortcomings to highlight.

With Decree 1951 of November 28, 2017, the entire Section 2 of Chapter 13, Title 1, Part 6, Part 6, Book 1, of DUT 1625 of October 11, 2016 was reissued, and the tax calendar for 2018 was set.

This section, which until November 28, 2017 covered articles 1.6.1.1.13.2.1 to 1.6.1.1.1.3.2.56, now comprises articles 1.6.1.1.13.2.1 to 1.6.1.1.1.3.2.49. The following are the new features.

1) For those responsible for the simplified INC regime

There are no longer instructions to file the annual informative return for those responsible for the simplified INC regime (form 315), something they had been doing since taxable year 2013 by instruction of article 6 of Decree 803 of April 2013, which is still compiled in article 1.3.3.7 of DUT 1625 of October 2016.

The only informative declarations required from said responsible parties are those for taxable years 2013 through 2016. The requirement made at the time by Article 6 of Decree 803 of 2013, requiring all taxpayers of the simplified regime of the INC to file an informative return, violated the rules of the Tax Statute, since a decree could not require informative returns.

2) Taxpayers that are under the works for taxes mechanism.

“will have until May 25, 2018 to deposit in the trust the money they have committed for such works, and until that same date they may file their income tax return for the taxable year 2017.”

In the new versions of articles 1.6.1.13.2.22 through 1.6.1.13.2.24 of DUT 1625 of 2016 indicate that legal entities (large taxpayers or not) that between January 1 and March 31, 2018 carry out the procedures of Decree 1915 of November 23, 2017 to avail themselves of the mechanism of works for taxes and submit to the Territorial Renewal Agency the request to link a portion of their income tax for the taxable year 2017 through modality 1 mentioned in the decree, they will have until May 25, 2018 to deposit in the trust the money they have committed for such works, and until that same date they may file their income tax return for the taxable year 2017 and pay the balance corresponding to them for the first and second installment, or the first installment.

If the agency does not accept the request and also the taxpayer does not file his return within the deadlines of articles 1.6.1.13.2.11 and 1.6.1.1.3.2.12, he may file it out of time by settling the respective penalty for untimeliness plus late payment interest on the first and/or second installment. However, if the agency rejects the request for other reasons, the taxpayer may file its return and pay the first and/or second installment without penalties or interest, no later than May 25, 2018.

Defects in the texts of the Tax Calendar 2018

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There are at least three articles where the following defects are detected.

1. In the new version of article 1.6.1.1.13.2.42, the same text that previously occupied the place of article 1.6.1.1.13.2.45 was left. It is clear that this is a rule in which not all the necessary updates originated by the changes that Law 1819 of 2016 introduced to articles 437-2 and 600 of the ET, rules in which it is indicated that there are no longer annual VAT returns or VAT withholdings assumed by operations with individuals of the simplified VAT regime.

2. In the new version of article 1.6.1.1.13.2.44, the text that previously occupied the place of article 1.6.1.13.2.47 was left again. It so happens that some sentences were only valid until December 2016, while the old version of article 46 of Law 962 of July 8, 2005 was in force, as this was amended with article 304 of Law 1819 of 2016. As a consequence of the above, the text of the new version of article 1.6.1.1.13.2.44 must be modified to adapt it to the new version of article 46 of Law 962 of 2005.

3. After Law 1819 of 2016 added Article 512-14 to the Tax Statute, establishing that those responsible for the INC common regime must comply with the same obligations of those responsible for the VAT common regime, the Dian issued Concept 017357 of July 04, 2017 to indicate that since January 2017 those responsible for the INC common regime are not required to file their bimonthly returns in zeroes. In view of the above, it is noted that the new version of article 1.6.1.1.13.2.32 of DUT 1625 of 2016 failed to include a text similar to the one included in paragraph 3 of article 1.6.1.1.13.2.30 (with the deadlines for bimonthly VAT returns) and in paragraph 1 of article 1.6.1.1.1.3.2.31 (with the deadlines for the four-monthly VAT returns), in which reference is made to the fact that it is not necessary to file returns when no taxable transactions are carried out.

Source: Actualize