The National Government amended Article 2.17.2.5.1.1. of Decree 1068 of 2015, eliminating the six (6)-month deadline previously established to register with Banco de la República any change in the holders, purpose or receiving company of an international investment, as well as investment cancellations.

The changes introduced by the National Government are:

• Change in the registration deadline before Banco de la República: previously, the deadline was six (6) months from the triggering event, and non-compliance resulted in FX penalties of up to 200% of the infraction amount.
• Under the new rule, registration may be filed with Banco de la República at any time, provided the investment was actually made and complies with applicable FX regulations.
• Favorability: the amendment applies to FX administrative sanction proceedings that are currently pending.

However, it is important to note that the following remain unchanged:

• Income tax return obligation triggered by a change in ownership of a foreign investment and by indirect disposals (Decree 1625 of 2016, arts. 1.6.1.13.2.19 and 1.6.1.13.1.1): unchanged.
• DIAN's authority to request, at any time, evidence of the FX registration filed with Banco de la República as a subsequent tax control mechanism.

See: Decree 1044 of 2026

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