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Legal Bulletin

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CASE LAW OF THE SUPREME ADMINISTRATIVE COURT

Tax amnesties cannot undermine the principle of equality among taxpayers who are in the same factual situation

The tax section of the Supreme Administrative Court upheld that the taxpayers who have not complied with their tax obligations should not be granted a more beneficial treatment than the one established for those taxpayers who have timely filed and paid their tax returns

DIAN REVENUE RULING

Even if a taxpayer is not obliged to compute income tax applying a presumptive taxable base, it should apply the minimum taxable base that is established for CREE tax

DIAN refers to the obligation to apply the minimum taxable base for the CREE tax even if the taxpayer is excluded from the obligation to compute the income tax applying a presumptive taxable base.

DIAN REVENUE RULING

Amortization of the goodwill that arises as a result of the acquisition of shares for a premium value

DIAN Revenue Ruling clarifying the rules provided in Article 143-1 of the Tax Code which refer to the amortization of goodwill in the acquisition of shares.

DIAN REVENUE RULING

Taxable income derived from the prescription of a tax debt and embezzlement in the destination of collected VAT for purposes other than those provided by fiscal regulations

Tax doctrine included in Revenue Ruling No. 8897 of March 20, 2015.

DIAN REVENUE RULING

Guidelines for the implementation of IFRS

DIAN’s legal department issued a unified ruling that provides a guideline for the implementation of the International Financial Reporting Standards (IFRS).

DIAN REVENUE RULING

Change in DIAN’s doctrine regarding the obligation to verify the compliance with social security’s contributions when engaging with independent contractors

DIAN’s Revenue Ruling No. 404 of May 5, 2015, revoked its previous thesis that stated that this verification was not needed in cases where the duration of the contract was of less than three months

DIAN REVENUE RULING

Prohibition of offsetting balances in favor on CREE tax against other taxes

DIAN answered a question raised by a taxpayer, about whether the balances in favor of CREE tax generated in the taxable year 2014 could be offseted against the advance payment of CREE tax or against the CREE tax surcharge for the taxable period 2015.

INTERNATIONAL TAXATION

DTA with India enters into force

By Decree No. 1215 of June 4, 2015 it was enacted the Agreement Between the Government of the Republic of Colombia and the Republic of India to Avoid Double Taxation and for the Prevention of Tax Evasion with Respect to Income Tax and its Protocol. This DTA had been signed in New Delhi on May 13, 2011.