1. New Resolution to register technology import agreements

On October 18th, the DIAN issued Resolution 08742 of 2023, corresponding to the registration of technology import agreements, which details the requirements, documentation, deadlines, and everything related to the registration application process.

Among the observed changes, it stands out that (i) the deadline for the registration of the contracts is detailed, which is the same contained in article 123 of the Colombian Tax Code; that is, six (6) months following the signing of the contract or three (3) months following its modification, (ii) it is established that when the contract to be registered is valid indefinitely, “12/31/9999” must be placed and (iii) the DIAN has (eight) 8 business days to review this.

See: https://jadelrio.com/Boletines/Colombia/Flash41/1.Resolucion_DIAN8742.pdf 

2. Bill that modifies balance in favor refunds process

The bill establishes a decrease in the administration's time to return income tax balance in favor, reducing them from 50 days to 30 days. It is important to mention that the term for refunding the VAT balance would remain at 50 days.

Additionally, the automatic refund is extended to individuals who earn wages and/or fees for services, as long as they do not be considered a high risk taxpayer according to the risk analysis systems for the DIAN.

See: https://jadelrio.com/Boletines/Colombia/Flash41/2.ProyectoSaldoafavor.pdf

3. A new unified concept of cryptoassets

On October 17th, 2023, the Legal division of the DIAN issued a new unified concept of cryptoassets, which focuses on developing their tax treatment regarding income tax and VAT.

Thus, taxpayers will be able to obtain a better comprehension on questions such as when the income is considered taxable, their tax cost, and the applicable withholdings, among others.

See: https://jadelrio.com/Boletines/Colombia/Flash41/3.UnificadoCriptoactivos.pdf

4. Resolution 165 of November 1st, 2023 - Electronic equivalent documents and changes to the technical annex for electronic invoicing

The Tax Administration issued Resolution 165 on November 1st, 2023, thus repealing Resolution 042, 2020, which regulated the issuing process of electronic sales invoicing.

Among the main novelties, we have the implementation of electronic equivalent documents together with the established dates that goes from February 3rd, 2024, to August 1st, 2024, and the technical annexes 1.9 of electronic billing with 3 (three) months to be implemented.

See: https://jadelrio.com/Boletines/Colombia/Flash41/4.Resolucion_DIAN165.pdf

The content of this newsletter is merely informative, that´s why it cannot be used under any circumstances as advice on the matter described in it. If you need advice on any of the aspects discussed, our team of professionals will be willing to assist you. contacto@jadelrio.com