Tax reform: mechanisms to combat tax evasion

The georeferencing system would establish the commercial value of real estate and would be used by notaries. The Dian would be empowered to register ex officio in the RUT any natural person who is subject to obligations administered by such entity.

The tax reform bill presented by the national government presents proposals aimed at attacking tax evasion. Bakertilly Colombia’s tax team, in an executive summary, describes and explains them.

Georeferencing system for the commercial value of properties

The georeferencing system would be created to establish the commercial value of real estate, regulated by Article 90 of the Tax Statute -ET-, which would be established by resolution by the Dian.

This would be used by notaries, who would have to inform the parties involved in the deed process and the tax administration of any non-compliance with the commercial value of the real estate.

Ex officio registration in the RUT

The Dian would be empowered to register ex officio in the RUT any natural person who, according to the information available to it, is subject to obligations administered by such entity. The terms of registration would be regulated by the National Government.

Invoicing

Several modifications and clarifications to the invoicing system would be included, among which the Bakertilly Colombia team highlights:

–Theinvoicing system would include, in addition to the sales invoice and equivalent documents, all electronic documents determined by the Dian and used for the exercise of control by the authority, to support the declarations and to support the procedures carried out before such entity.

–TheDian would establish the characteristics, conditions, terms, terms and technical and technological mechanisms for interoperability, interaction, generation, numbering, transmission, validation, issuance and delivery.

–Theelectronic sales invoice will be deemed to be issued when, in addition to having been validated and delivered to the purchaser, it complies with the conditions, terms and technical and technological mechanisms established by the Dian.

–Whenthe sale is made through an electronic sales invoice and the mentioned operation is on credit or a term for payment is granted, the purchaser would have to confirm the receipt of the invoice and of the goods or services purchased, by means of an electronic message sent to the issuer for the issuance of such invoice, in which case the electronic sales invoice would be considered as a support for costs, deductions and deductible taxes.

–ThePOS cash register machine ticket could be issued by the parties obliged to issue invoices, provided that the sale of the good and/or rendering of the registered service does not exceed 5 UVT ($181,540) for each POS equivalent document issued (without including the amount of any tax) and the respective electronic invoice is not required by the purchaser.

– Penalties associated to the invoicing system wouldbeestablished, among others, the following: unless there is a specific penalty, not transmitting in due form the documents of the invoicing system would give rise to the penalty established in article 651 of the ET; issuing the documents that are part of the invoicing system without the established requirements would give rise to the penalty established in article 652 of the ET; and not issuing the documents that are part of the invoicing system would give rise to the penalty established in article 652-1 of the ET.

–Untilthe regulation of the invoicing system is issued, the provisions that regulate the matter before the entry into force of this law shall apply.

New system of determination and payment of the tax

“The Dian could establish the income and complementary tax through an invoice that would serve as the official liquidation of the tax.”

The Dian could establish the income and complementary tax through an invoice that would serve as the official liquidation of the tax.

According to the analysis of Baketilly Colombia, the main characteristics of this system of liquidation and collection of the tax are as follows:

–Thetaxable base and other elements of determination and liquidation of the tax would be established by the Dian based on the information obtained from third parties, the electronic invoice system and other mechanisms contemplated in the ET.

–Thenotification of this invoice would be made by means of an insertion in the Dian’s web page.

–Ifthe taxpayer does not agree with the tax invoice issued by the Dian, it would have to declare and pay according to the declaration system established for the tax, within the following two months counted from the notification of the invoice.

–Whenthe taxpayer does not file the declaration, the tax invoice would become final and would be enforceable, and the Dian would be able to initiate the administrative collection procedure.

–TheDian would establish the subjects who would be invoiced, the terms, conditions, requirements, terms and technical and technological mechanisms, as well as the effective date of the new system.

Source: Actualícese