This document is aimed at reminding you that commercial companies established during 2015 that want to obtain for the first time the Progressive Benefit in the payment of income tax granted under Law 1429 of 2010 (the “Progressive Benefit”) must submit to the Colombian Tax Administration Agency (DIAN) the following documents before December 31st 2015:
- A certificate of existence and legal representation issued by the Chamber of Commerce.
- A written certificate issued by the legal representative of the company, attesting as to the following:
- The company’s intention to obtain the Progressive Benefit, detailing: (i) the company’s main economic activity, (ii) the address or place where the company is established (iii) the company’s main domicile.
- The total amount of assets of the company, which cannot exceed 5.000 Current Legal Minimum Monthly Wage.
- The number of employees in the company to December 31st, 2015, which cannot exceed 50 employees, and the type of contract under which such employees are hired. We suggest that the company has at least 1 employee.
- Copy of the public deed or private document evidencing the company’s establishment or incorporation.
The above certificate must be submitted either personally before DIAN by the company’s legal representative or through an attorney, having previously recognized the document’s content and the individual’s signature before a Notary Public.
In addition, in order to obtain the Progressive Benefit the company must have complied with the following legal obligations:
i.Registration and update of the Tax Registry – RUT
ii.Submission of the tax returns
iii.Payment of its labor obligations
iv.Payment its commercial obligations related to the commercial registry
The fulfillment of the aforementioned submission and these requirements, is mandatory in order for the company to obtain the Progressive Benefit, otherwise the company will lose such benefit.