Withholding Tax May Be Filed Without Payment
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Accounting Bogotá
Withholding tax may be filed without payment
Withholding tax may be filed without payment because, with the entry into force of Law 1819 of 2016, Article 580-1 allows withholding tax returns to be filed without payment, provided they are filed on time, that is, before or on the due date. In this way, a withholding tax return filed on time is no longer considered late if it is not paid at the time of filing, which is what occurred before this law.
Key information
However, it must be taken into account that payment must be made within two months after filing, together with the corresponding interest. Article 580-1 states:
“ARTICLE 580-1. INEFFECTIVENESS OF WITHHOLDING TAX RETURNS FILED WITHOUT FULL PAYMENT. Withholding tax returns filed without full payment shall have no legal effect whatsoever, without the need for an administrative act declaring it.”
Nevertheless, Article 270 of Law 1819 of 2016 added the following paragraph:
“The withholding tax return that has been filed without full payment before the deadline for filing, or on time, shall have legal effect, provided that full payment of the withholding is made or has been made no later than within the two (2) months following the due date for filing. The foregoing is without prejudice to the assessment of any applicable late-payment interest.”
The underlining is ours.
This is undoubtedly a relief for taxpayers, although this possibility should not be abused and the culture of filing and paying taxes when they are due should be maintained.
It is important to stay aware of the due dates in the 2022 tax calendar in order to avoid late filing of taxes before the DIAN.
If you have pending national or municipal tax filings, or if you have questions about them, contact us here or at 310 558 91 17.
