TAX CIRCULAR – Legislative Decree 0240 of 2026 

The National Government issued Legislative Decree 0240 of March 12, 2026, through which it adopted additional and temporary tax measures to address expenditures under the General Budget of the Nation associated with the State of Economic, Social and Ecological Emergency declared by Decree 150 of February 11, 2026. 

• Expansion of the Wealth Tax (2026) – Inclusion of Permanent Establishments and Branches 

For fiscal year 2026, the Wealth Tax applicable to legal entities was expanded in its subjective scope, as it now includes as taxpayers not only legal entities that are income tax taxpayers and filers, and de facto partnerships, but also permanent establishments, including branches of foreign entities. 

• Taxable Event and Tax Base 

For fiscal year 2026, with respect to permanent establishments and branches of foreign entities, the taxable event is the possession of net wealth equal to or exceeding 200,000 UVT (COP $10,474,800,000) as of March 31, 2026.Net wealth is calculated by taking the total gross assets attributed to the permanent establishment as of that date, minus the liabilities attributed to the permanent establishment and outstanding as of the same date, in accordance with Article 20-2 of the Colombian Tax Code. 

For this purpose, the permanent establishment must prepare a study based on the arm’s length principle, taking into account the functions performed, assets used, personnel involved, and risks assumed by the company through the permanent establishment or branch, as well as by other parts of the enterprise to which the permanent establishment or branch belongs. 

• Filing and Payment Deadlines for Permanent Establishments (including branches) 

Deadline	Obligation
April 30, 2026	File the Wealth Tax return.
	Pay the first installment (50%).
June 1, 2026	Pay the remaining second installment (50%).

• Non-deductibility for Income Tax Purposes 

The Wealth Tax may be recorded against reserves or against the profit and loss accounts during fiscal year 2026. 

In any case, the Wealth Tax paid shall not be deductible nor creditable for income tax purposes. 

• New National Consumption Tax (INC) – Games of Chance and Gambling Operated Exclusively Online 

The tax is triggered when the betting user makes a monetary deposit, whether through cash, bank transfers, or crypto-assets, for the purpose of obtaining the right to place bets, regardless of whether the deposit is made from Colombia or abroad. 

The taxpayer is the online gaming operator, not the user, who must assume the obligations of assessment, filing, and payment before the Colombian Tax Authority (DIAN). The tax rate is 16%, applied to the tax base known as GGR (Gross Game Revenue), which corresponds to the total bets placed minus prizes paid during the respective two-month period. 

• New Complementary Tax on Tax Normalization 

This tax applies to income tax taxpayers or taxpayers under substitute regimes who, as of April 1, 2026, hold omitted assets or non-existent liabilities.The tax is triggered solely by the possession of such assets or liabilities and allows for their regularization at a 19% rate, calculated on the corresponding tax cost or tax value.This tax does not generate net worth comparison, taxable net income, nor penalties in other taxes. The corresponding return must be filed no later than July 31, 2026. 

The scope of this tax expressly includes foreign fiduciary and patrimonial structures (such as trusts, private foundations, and insurance products with a savings component), applying the principle of tax transparency and attributing the filing obligation to the founder or settlor. 

• Tax Benefits 

Tax Benefit	Who Does It Apply To?	Applicable Penalties and Late Payment Interest	Deadline
Temporary reduction of penalties and late payment interest for failure to file or amend tax, customs, foreign exchange returns, and formal obligations	• Taxpayers who failed to file tax returns due on or before November 30, 2025.   • Taxpayers who filed returns by December 31, 2025 and wish to amend them.   • Taxpayers who failed to comply with tax or foreign exchange formal obligations up to November 30, 2025.     • These scenarios also apply to the transfer pricing regime.	15% of the applicable penalty.     No late payment interest.	April 30, 2026
Temporary relief for non-compliance with formal obligations	Taxpayers who failed to comply with tax, customs, or foreign exchange formal obligations generated upon the entry into force of this Decree.	• Taxpayers required to file income tax returns: payment of 3% of gross income / gross income and net worth reported in the FY 2024 income tax return.     • Taxpayers not required to file income tax returns: payment of 2% of gross net worth and/or assets held as of December 31, 2025.	April 30, 2026
Contentious tax settlement	Lawsuits filed before December 31, 2025 before the Administrative Courts that do not have a final and binding ruling.	Reduction of penalties by 85%, 80%, or 70%.     Preferential late payment interest rate: 4.5% per annum.	Up to June 30, 2026