A special treatment is proposed regarding the Comparable Uncontrolled Price Method; the preparation and filing of the global information of the multinational group and Country-by-Country reporting according to BEPS standards. Also, changes to the penalty regime are included.
There are special procedures established for two operations under the comparable uncontrolled price method:
- Sales and purchases for the used tangible property: The application of the comparable uncontrolled pricing method will be made through the presentation of the purchase invoice of the new asset at the time of its purchase to a third non related party deducting its accrued depreciation made since the purchase, according with the accounting technical legal standards.
- Sales and purchase of raw material and commodities: In the event of this operation, the comparable uncontrolled pricing method will be the most appropriate method to determine the arm’s length price. In this case, it is established the alternative of using the public known price as reference.
Those obliged to prepare and file supporting documentation shall send a masters report with the global relevant information of the multinational group, and a local report with the information related to each type of operation made.
Likewise, from 2016 onwards, the obligation of preparing the Country-by-Country report for the Colombian corporations that are parent companies of large multinational companies (those with consolidated income higher to 81.000.000 Colombian Tax Units), and for the Colombian subsidiaries that have been designated by their parent companies to provide such report. The Country-by-Country report will contain information regarding the global income allocation, payed taxes, staff and assets on behalf of the multinational group.