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August 4, 2022 New Colombian Government expected to propose tax reform
On 7 August 2022, the new Colombian Government, including the elected president Gustavo Petro, will take office and a tax reform proposal is expected to follow shortly. This Tax Alert discusses the main provisions of the expected tax reform proposal announced by campaign members and the individuals appointed to high positions in the new administration. More information is expected once the text of the tax reform proposal is submitted to the Congress for approval. EY will continue to report on the progress of the discussions. Individual taxation Income tax rates Income tax rate increases are expected for individuals who earn more than COP10 million per month (approx. US$2,500),1 but not a lot of detail has been provided. For example, it is unclear whether the applicable rates for the higher-income brackets would increase (currently the maximum rate is 39%), or if higher rates would apply to lower-income brackets. Additionally, increases in the effective taxation of individuals could be achieved from other adjustments in the determination of the taxable base, such as limitations on exempt income or changes in the current basket system under which individuals are taxed on their income under three baskets—general, pension and dividends. The changes to the baskets are discussed below. Exempt income The limit on exempt income and deductions applicable to the general basket (which includes labor and non-labor income, services income, interest, lease income and royalties) is currently 40% of taxable income (without exceeding 5,040 annual Tax Units - UVTs, equivalent to COP191 million for 2022, approx. US$47,700). The proposal would limit the exemption to COP4 million per month (COP48 million annually, approx. US$12,000). Elimination of the baskets system Before the election, Gustavo Petro’s campaign mentioned eliminating the basket system for individuals. At that time, the campaign team indicated that the same tax rate applicable to labor income should also apply to other types of income, such as capital gains and dividends.2 Once elected, however, no further details were issued, and it is unclear whether eliminating the baskets would be the mechanism used to increase income taxes on individuals. Capital gains The proposal could increase the 10% reduced capital gains rate applicable to the sale of fixed assets owned for two years or more, inheritances and donations, and other transactions. It is unclear whether a new rate would apply or whether the tax on those transactions would be based on ordinary income rates. The tax base of certain operations (e.g., donations or inheritances) subject to the capital gains tax could be determined by taking into account “market values” rather than “nominal values” (determined under local rules). No details, however, have been released on how the "market value" would be determined. Equity tax The proposal is expected to reintroduce an equity tax for individuals. The equity tax would apply as follows: (1) 0.25% rate if equity > COP1 billion (approx. US$250,000); (2) 0.5% rate if equity > COP2 billion (approx. US$500,000); (3) 0.75% rate if equity > COP3 billion (approx. US$750,000); and (4) 1% rate if equity > COP4 billion (approx. US$1 million). The last time the equity tax was applied was in 2021 under Law 2010 of 2019, and individuals were taxed with net equity exceeding COP5 billion (approx. US$1.25 million) at a 1% rate. Like in the case of capital gains, the taxable base would be determined with "market values," but it is unclear how it would be determined. In addition, when determining the equity that would be subject to the tax, it is unclear what reductions would be allowed (e.g., in the past there have been some exclusions, such as the value of the home of residence up to certain limits) or if there would be special considerations regarding the treatment applicable to nonresidents. Pensions The proposal would subject pensions over COP10 million per month (approx. US$2,500) to taxation. It is not clear, however, what the applicable rates would be. Currently, pensions up to 1,000 UVT per month (COP38 million for 2022, approx. US$9,500) are exempt. Tax on dividends The proposal would increase the dividend tax (currently 10%), but it is unclear by how much or whether dividend income would be treated as ordinary income.3 Taxation of companies Applicable rates The proposal could eventually include changes in the corporate income tax rate (currently 35%) for companies that qualify as micro, small or mid-sized (which, according to the new Government, make up 95% of companies). Elimination of benefits The proposal would reduce the benefits for certain sectors. It is unclear what benefits would be reduced. The proposal could reduce the number of entities that currently are benefiting from the free trade zone regime by setting additional requirements to qualify for this regime (mostly related to export activities). Indirect taxation Value-added tax The proposal would eliminate the value-added tax (VAT) three-day holiday. Otherwise, no significant changes to the VAT are expected. Other taxes The proposal would: (1) establish a new tax on sugary drinks and ultra-processed foods; (2) increase taxes on carbon emissions; and (3) establish additional environmental taxes.4 Potential increases in taxes on carbon emissions have also been mentioned. Evasion provision The proposal would establish additional anti-evasion measures, making it easier to bring criminal actions against those who evade tax, and to continue strengthening the national tax authority. Collection targets The proposed tax reform is expected to raise approximately COP50 trillion per year (approx. US$12.5 billion) in revenue. In the past, however, some estimates have indicated COP75 billion in revenue. Recently, it was announced that the target revenue amount is expected to be achieved gradually over several years. _________________________________________ For additional information with respect to this Alert, please contact the following: Ernst & Young S.A.S. Bogota
Ernst & Young LLP (United States), Latin American Business Center, New York
Ernst & Young Abogados, Latin America Business Center, Madrid
Ernst & Young LLP (United Kingdom), Latin America Business Center, London
Ernst & Young Tax Co., Latin America Business Center, Japan & Asia Pacific
_________________________________________ Endnotes
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