Finally, Gustavo Petro’s government uncovered his letters against the taxes that he will put, temporarily, to generate the resources he needs with a view to addressing the economic and social crisis that is lived in the Catatumbo Because of the armed conflict. In total there will be three and will be valid until December 31 of this year.
In total there will be three changes in the tax scheme, which will go until 31 December of this year, waiting to collect, according to sources from the Ministry of Finance, $ 3 billion in a period of approximately 10 months. Money that, as established in the regulations, will be only to overcome the social crisis in populations that were sheltered by the state of exception.
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According to Decree 175 of February 14, 2025, the three changes will hit the games of luck and chance online, to oil and coal, and the notarial procedures with the Timbre Tax. All this, while the Government works in parallel in a new tax reform project that will go to look for an additional $ 12 billion.
Blows to the economy
As soon as these tax changes were known, one of the first debates of public opinion focused on the impacts it will have on the economy, especially the hydrocarbon industry and coal, increasing its tax burden to levels considered confiscatory.
Additionally, for Álvaro Andrés Díaz, partner and co-director of the Tax Practice of Gómez-Pinzón Abogados, we must not overlook that the imposition of VAT could lead to the exit of operators from the Colombian market.
Ministry of Finance and Public Credit
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“The 1% timbre will generate cost overruns that will hinder transactions in The country perhaps returning to informality in many cases. It must also be said that the expected $ 3 billion are a very high goal, however, what they hope to raise with hydrocarbons and coal will not be a despicable sum, ”he said.
Thus, he put on the table that “we must bear in mind that, in case of paying and not passing the decree, the constitutionality examination exists the possibility of recovering what is unduly paid,” warning in this way that it is a debate which is just starting and will begin to travel its most important evidence in the Court.
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In the same way, Juan Camilo Riveira, Senior Counsel in Holland & Knight, said that these new taxes will reach two sectors that have already been very beaten by other tax reforms in the past, Complicating the situation of an industry such as extractive, which has very high tax loads.
“The new tax on hydrocarbons and coal extractions, although it is temporary, will increase the tax burden of sectors already taxed and that actually contribute significantly to the country’s economy and development. This could discourage investment and affect the competitiveness of these industries, leaving us in a disadvantaged place against other jurisdictions, ”he said.
With regard to the games of luck and random online, he asked not to go through Alto that with this “bets are more expensive and invite consumers of this industry to go to informality, thus affecting the stability of an important industry.”
Games of chance.
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A strong debate
Although the Ministry of Finance remains that taxes comply with the norm and their validity can go throughout the year, analysts consulted by Portfolio argue that the legal battle will not be easy and that a very good support must be made before the Constitutional Court of the relevance and survival of the internal shock.
José Manuel Restrepo, former Minister of Finance and Rector of the EIA University, there are prior pronouncements of the Constitutional Court that could weaken the validity of the decree; while, since the tax extends until 2025, This could be problematic if your relationship with the Catatumbo crisis is not justified.
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“Although Law 137 states that contributions can be imposed for fiscal validity or during the validity of the commotion, I consider that there are two court sentences that could weaken this decree: the 83 of 1993 and the 876 of 2002. The latter establishes That the measures taken in a state of shock must be specifically aimed at conjuring the causes of the crisis, and its duration must be limited to the period of exceptionality, ”said Restrepo Abondano.
Likewise, he stressed that “Judgment 83 of 1993 establishes that taxes created under a state of exception cannot be permanent, but temporary and directly related to the situation that motivates them. In this sense, the Government must justify why resources collection is required throughout the year 2025 ”.
Catatumbo
Time
Pedro Sarmiento, Director of Taxes and Legal Services Crowe CO, added that although the decree has solid legal foundations in the context of the State of Internal shock, it raises considerable challenges in its practical application.
“Article 363 of the Constitution requires that the taxes be equitable and efficient. The load imposed on online gaming operators and the extractive sector It could be considered disproportionate, affecting the principle of contributory capacity, ”he said.
Another element that could be reviewed for this expert is the principle of legal certainty, since the “temporality and specific conditions of application of these taxes could generate ambiguity and confusion among taxpayers, which would open the door to demands for lack of certainty and legal certainty ”.
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Uncertain goal
At the close of this debate, Lisandro Junco, former director of the DIAN, He questioned the viability of the collection projected by the Government, noting that the taxes included in the Decree will not generate the expected income. For this analyst, VAT to the games of random online will discourage the participation and timbre tax will not capture enough resources due to the anticipation of taxpayers.
“People anticipated this decree and made all the scriptural documents before the notaries and therefore, in that margin between the announcement and the decree many transactions were made without the 1%timbre tax. The third tax that is to tax more hydrocarbons and mining exports I think it is an unconstitutional tax because it affects a sector, it is designed with a sector, ”he criticized.
Thus, now the decree of taxes for the Catatumbo, as the Petro government called them, will go to a new round, this time, in the Constitutional Court, where it will be decided whether or not they give green light to Its implementation or falls to consider that they go against current legislation.
