❌ SUSPENDED: Following the Constitutional Court’s decision of January 29, 2025 (Corte Constitucional), the provisions analyzed below are currently suspended.
Through Legislative Decree No. 1474 of December 29, 2025 (Decreto Legislativo No. 1474 de 29 de diciembre de 2025), issued under the State of Emergency declared by the National Government through Decree 1290 of December 22, 2025 (Decreto 1290 del 22 de diciembre de 2025), the Executive adopted the following principal tax measures:
Tax Relief Measures
(i)
Late payment interest on tax, customs, and foreign exchange obligations under the authority of the National Tax and Customs Authority (DIAN) is reduced to 4.5 percent for debts outstanding as of December 31, 2025. Eligibility requires payment of 100 percent of principal by March 31, 2026.
(ii)
Penalties on overdue obligations are reduced to 15 percent, provided full payment is made by March 31, 2026.
(iii)
Penalties for failure to file returns as of November 30, 2025 are reduced to 15 percent. Relief applies if the omitted return is filed no later than April 30, 2026 and the full tax or withholding due is paid together with the reduced 15 percent penalty. No late payment interest is required.
(iv)
Correction penalties for returns filed through December 31, 2025 are reduced to 15 percent where the correction increases tax payable, decreases a tax credit balance, or reduces net operating losses. The corrected return must be filed no later than April 30, 2026, paying the corresponding tax and reduced penalty. No late payment interest is required. The reductions in items (iii) and (iv) also apply to tax, customs, and foreign exchange matters under administrative dispute before DIAN, provided no final reconsideration decision (resolución que resuelve el recurso de reconsideración) has been notified. Express acceptance of the adjustment is required before April 30, 2026. These benefits may be combined with other penalty reductions under the Tax Code (Estatuto Tributario), provided the amount paid is not below the statutory minimum penalty.
(v)
A temporary penalty for non compliance with formal tax, customs, and foreign exchange obligations is set at 3 percent of gross income reported in the 2024 income tax or income and assets return. Payment is due by April 30, 2026. The penalty may not exceed 1,500 UVT and may not be lower than the statutory minimum. Eligibility requires correction of the underlying non compliance.
(vi)
Judicial proceedings may be settled through administrative tax conciliation (conciliación contencioso administrativa en materia tributaria, aduanera y cambiaria) in nullity and reinstatement actions under the following terms:
First instance cases require payment of 15 percent of the penalty plus interest at 4.5 percent annually and full payment of the disputed tax.
Second instance cases require payment of 20 percent of the penalty plus interest at 4.5 percent annually and full payment of the disputed tax.
Cases with no tax assessed require payment of 20 percent of the penalty.
Cases involving improper refunds or offsets require payment of 30 percent of the penalty plus full reimbursement of refunded, offset, or improperly credited amounts and interest at 4.5 percent.
Creation of a Tax Normalization Regime
A temporary tax normalization levy (impuesto de normalización tributaria) is established for 2026 only. Its purpose is to regularize omitted assets and non existent liabilities held by income taxpayers as of January 1, 2026. The rate is 19 percent, calculated on the tax basis of omitted assets and on the declared fiscal value of non existent liabilities. The filing deadline is July 31, 2026. No amendments or late filings are permitted. Taxpayers electing this regime obtain the following benefits:
(i)
No income recognition under net worth comparison rules (renta por comparación patrimonial) and no additional taxable income arising from disclosure of omitted assets or non existent liabilities.
(ii)
No penalties under income tax, VAT, transfer pricing, foreign information reporting (información exógena), or annual asset reporting regimes.
(iii)
No foreign exchange penalties for late registration of Colombian investments abroad.
(iv)
No initiation of criminal proceedings related to omitted assets or non existent liabilities disclosed under this regime.
