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DIAN DRAFT RESOLUTION

Procedure for filing transfer pricing documentation

On May the 20th of 2016, DIAN introduced a draft of the resolution that sets the procedure for submitting supporting documentation under the Transfer Pricing Regime for tax years 2015 and 2016

 

The Colombian Tax Authority proposed a draft resolution that seeks to regulate the procedure for submitting supporting documentation that proves the correct application of the transfer pricing regime.

The supporting documentation must be presented virtually through the electronic information services of DIAN, using the digital signature when filing Forms 1729 V- 5. In addition, section 4 expressly determines that errors of the system and/or computer equipment, damage of the digital signature mechanism or connectivity difficulties, among others, do not justify the late submission of the support documentation.

However, when it is not possible to comply with the obligation within the deadline set by the Tax Authority because of force majeure or technical problems that affect the availability of the electronic information services, the taxpayer must submit the support documentation no longer than the day after the issue took place. For this purpose the taxpayer must submit proof of the occurrence of this situation.