The Dian (National Tax and Customs Directorate of Colombia) under the concept 021693 of 2017 shows some examples of how sanctions of exogenous information should be liquidated.
In order to settle the sanctions related to exogenous information, consideration must be given to the provisions of article 651 of the Tax Statute modified by the article 289 of the Structural Tax Reform Act. 1819 of 2016, which refers to the sanction for not sending information or send it with errors and includes the following types of sanctions:
5% of the amount for which no information was provided.
4% of the values on which the provided information was wrong.
3% of the amount on which information was provided extemporaneously.
0,5% of net income when the basis for its appraisal cannot be established, or when there is no amount information. If there is no income, the sanction will correspond to 0.5% of the gross estate of the immediately preceding year or that registered in the last income tax or income and equity statement.
Unawareness of costs, exempt income, deductions, discounts, liabilities, deductible taxes and withholdings.
The previous sanctions’ types, with the exception of the last one, will not exceed 15,000 UVT (equivalent to $ 497,340,000 for the taxable year 2018). It is also valid to note that if corrections are made before the expiration of the deadline to submit the information, no penalty should be paid (remember that large taxpayers must present the exogenous of the taxable year 2017 between April the 3rd and 16th of 2018, while legal and natural persons between April 17th and May 16th, 2018.
Examples of how to liquidate sanctions of the exogenous information
The Dian under the concept 021693 of 2017 shows some examples of how these sanctions should be paid, namely:
If a person did not report, reported extemporaneously or wrongly made the payment for fees in Form 1001 and the withholdings that were made on the salary earned in Form 1003, the penalty must be paid for each one of these concepts, because the first does not encompass the second and vice versa.
If a person did not report, inform extemporaneously or erroneously, the payments for fees that were not requested as a cost or deduction and the payments for fees for environmental investments in Form 1001, the penalty will be settled on the payments for fees because they contain the remaining two.
If a person did not report, reported extemporaneously or erroneously gross operational and non-operational income in Form 1007 and income obtained through mandate or delegated administration contracts in Form 1017, the penalty will be settled on the amount of gross operational and non-operational income because it contains the last.
“If dissimilar data were reported to each other, the sanction must be settled on each sum, but if one value includes another, the sanction will be calculated on the sum that contains the other values”