Constitutional Court Declares Legislative Decree 1474 of 2025 Unconstitutional
The Plenary Chamber of the Constitutional Court, through Judgment C‑079 of 2026, declared Legislative Decree 1474 of December 29, 2025 unconstitutional. This decree had introduced several tax measures aimed at financing expenditures of the General Budget of the Nation during the state of economic emergency declared by Decree 1390 of 2025.
The Court specified the scope of the effects of this decision as follows:
- Direct Taxes
The Court ordered that direct taxes that were created or modified while Legislative Decree 1474 of 2025 was in force shall not be subject to filing, assessment, or collection by the Colombian Tax Authority (DIAN).
Additionally, any amounts paid in advance must be refunded to the taxpayers.
- Indirect Taxes
With respect to indirect taxes paid during the period in which the decree was in force, the Court ruled that such amounts must also be refunded, provided that the taxpayer proves that it was the party that actually made the payment.
To implement these refunds, the DIAN must apply the existing legal mechanisms or adopt a specific mechanism, if necessary, within 30 days following notification of the judgment.
- Settled Legal Situations
The Court clarified that settled legal situations are not affected. This means that taxpayers who, while the decree was in force, met the requirements to access tax benefits, retain those benefits, notwithstanding the declaration of unconstitutionality of the decree.