After two days of debate, the plenary periods of the Chamber and the Senate yesterday authorized the Tax Reform from the federal government of Gustavo Petro for some 20 billion pesos by 2023, probably the most formidable objective in historical past. What follows is the conciliation of each texts –that are completely different– in order that the mission passes presidential sanction and turns into a legislation of the Republic.

(You can too learn: Tax reform: the articles that had been authorized within the Senate)

“This reform is a good contribution to the change that the Nationwide Authorities intends to strongly promote. Two components are mixed: to ensure that we’ve got a strong fiscal coverage and the extra assets to have the ability to promote social peace”, assured the Minister of Finance, Jose Antonio Ocampowho mentioned that the cash obtained shall be used for problems with peace, schooling, well being, housing and aqueduct, amongst others.

(Additionally learn: Gustavo Petro celebrates approval of tax reform: ‘Wonderful job’)

The President additionally celebrated the approval of the reform and congratulated by his Twitter account each Ocampo and the director of the Dian, Luis Carlos Reyes, as one of many architects of the success of the mission.

The Authorities introduced the initiative on August 8, at some point after the President took workplace, and because of his pressing message it had an abbreviated process: a primary approval within the financial commissions and a second – yesterday’s – within the plenary periods of the Chamber and Senate.

In these nearly three months of debate with completely different political actors, businessmen and civil society, amongst others, 5 billion pesos fell from the preliminary objective of 25 billion pesos. Points such because the pension tax, the celebration of VAT-free days, border subsidies for gasoline or the tax on oil, coal and gold exports had been additionally forgotten.

How was the final dialogue?

In the meantime in Senate the dialogue was resolved on Wednesday in a day of greater than 15 hours, the deputies debated two days and at last authorized yesterday. In each instances there was no lack of criticism from congressmen. Even the Democratic Middle has already introduced that it’s going to demand the reform to proceed defending the “pocket of Colombians.”

Among the many articles that almost all heated the talk had been that of ultra-processed meals and that of the non-deductibility of royalties

Though many of the articles of the work had been authorized by each events, there are some that had been completely different within the textual content of the Home and the Senate and that, due to this fact, shall be determined on the time of conciliation. That is the case of the 20 % tax on church buildings after they perform actions apart from spiritual worship, such because the sale of books.

Among the many articles that almost all heated the talk on either side was that of ultra-processed meals, that of non-deductibility of royaltiesthat of overseas platforms or that of jail modifications for evaders, amongst others.

Within the first case, congressmen from completely different benches mentioned that probably the most weak folks could be affected. “It is not going to be regular or eat chocolate with bread. This reform doesn’t solely contact the wealthy,” mentioned Senator Jota Pe Hernández.

Though some meals similar to industrial bread, milk, honey, sandwiches, wafers, arequipe, salami, mortadella and botifarra left the checklist of ultra-processed meals that will be taxed, others similar to chocolate, pastries, cookies, jams, ready sauces or ice cream, amongst others.

The non-deductibility of royalties barely represents a surcharge of three % for oil firms

In response to Minister Ocampo, this tax would come into power as of September 2023 in order to not affect folks on this time of excessive inflation. For its half, the tax on sugary drinks could be from July 1, 2023.

One other of probably the most controversial articles that was lastly authorized is the one which places a surcharge on lease for oil tankers and miners primarily based on the worldwide worth of the final 10 years. Along with this, they won’t be able to deduct royalties. “It will not be understood that oil and coal now don’t do it. The affect is far smaller than is believed. The non-deductibility of royalties barely represents a surcharge of three % for oil. The Council of State has not dominated on the matter, there’s solely a Dian decision that allowed it,” Ocampo informed the congressmen.

In response to the jail for evaders, it was outlined that solely after the third recidivism there shall be jail. For instance, the one that omits property or declares a decrease worth or declares non-existent liabilities, with the aim of defrauding or evading an quantity equal to or larger than 1,000 present authorized month-to-month minimal wages.

In yesterday’s debate within the Chamber there have been a number of articles that delayed the dialogue. One in every of them was 48, which is the one which determines that non-residents or entities not domiciled within the nation with a major financial presence shall be topic to earnings tax, as is the case with Netflix, Disney+, HBO or Spotify platforms. . Some actions similar to digital providers or promoting providers are taxed on this part; nonetheless, others similar to on-line schooling providers had been in the end excluded.

Message in opposition to the reform and José Antonio Ocampo within the Chamber of Deputies.

Photograph:

Cesar Melgarejo. WEATHER

what was authorized

The tax reform brings a package deal of latest taxes for Colombians. Those that must pay probably the most would be the businessmen and, amongst them, the best burden shall be assumed by these within the mining-energy sector.

Oil tankers and miners must pay a rental surcharge which varies with the worldwide worth of the final 10 years. Within the case of oil, it might be progressive at 5, 10 and 15 %; and within the case of coal, 5 or 10 %. Along with this, they won’t be able to deduct royalties.

Likewise, the hydroelectric vegetation had been left with a short lived surcharge of three factors (from 2023 to 2026) and the monetary entities one other that may attain 5 factors.

Those that can have probably the most
those that can pay would be the businessmen and, amongst them, the best burden shall be assumed by these within the mining-energy sector

Individuals will even need to pay extra taxes. For lease, those that earn greater than 13 million pesos a month must contribute extra. Likewise, the big estates will contribute. This tax shall be progressive with marginal charges: 0.5 % for property over 3,000 million pesos; 1 % for these of greater than 5,000 million pesos, and 1.5 % for these of greater than 10,000 million pesos.

Remember that folks will even pay extra due to the wholesome taxes that had been handed. On the one hand, there’s the tax on sugary drinks and on the opposite, that in ultra-processed meals. Added to that is the tax on single-use plastics. With this, some merchandise may very well be double taxed.

(Hold studying: Neither the big-assed ants nor the hosts had been spared from the ‘well being tax’)

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