Carlos Fradique Méndez Lucas Moreno In late December 2012 Colombian Congress passed Law 1607, which introduces significant changes to Colombian tax law, with some provisions particularly relevant to the structuring of inbound and outbound financial transactions. This article, very briefly and generally describes some of the most salient features of the tax reform, with the proviso that the specific details and implementing rules and regulations are to be taken into account in specific cases given the complexity of the subject matters. The tax reform generally reduces the withholding tax rate applicable to gross payments to foreign portfolio investors from 33% to 14%. The 14% rate is generally applicable, unless the foreign investor is located in a tax haven (as indicated in a blacklist to be published by the Colombian Government), in which case the applicable withholding rate would be 25%. While dividends are not typically subject to double taxation, the 14% reduced withholding rate would not apply (and a 25% withholding rate would be applicable instead) to dividend payments subject to taxes in Colombia at the shareholder level.
February 20 2013
