Although the lessons of the past demonstrated that they advance the self -retention at the source and use the money that does not have to square the box and ensure the expenses of the present is a risky idea for the state’s finances, Gustavo Petro’s government is thinking of going again to this measure to face the liquidity crisis it faces, adding greater pressure to key sectors for public finances.
This, based on a decree draft that the Ministry of Finance and the Directorate National Taxes and Customs (DIAN) published for comments and that seeks to modify the self -retention scheme at the source for income tax, arguing for this purpose the path of reactivation that the country is experiencing.
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The document, which is in the public consultation stage, represents one of the most significant fiscal movements of the national government in the run of the year and aims to increase the tax collection in advance, in the middle of a complex stage of fiscal pressure.
Among other things, the measure includes an adjustment of self -retention rates for almost all
Economic sectors, with relevant increases in extractive industries such as coal and oil. In the case of coal, the rate would go from 3.2%to 5.5%, which represents an increase of 72%. In crude oil, The adjustment would be 5.6% to 7%. This new scheme would replace what is established in Decree 242 of 2024.
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According to the draft, the new rates will be applied to each payment or fertilizer that the taxpayer receives, in accordance with its main economic activity and would be justified in the need to align the self -realities with the tax effectively in charge, close collection gaps and strengthen the monthly state income flow.
“The behavior of economic activity in Colombia in 2024 It reflects a clear path of reactivation (…), which allows to review the self -retention rates to adapt them to the economic reality of taxpayers, “says the justification document of the decree, based on a study by the General Directorate of Macroeconomic Policy.
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An error that would be repeated
In order to know the scope of this measure, Portfolio spoke with several analysts, such as Lisandro Junco, former director of the DIAN, who explained that this move from the Minhacienda basically what it intends is to advance the arrival of resources, taking into account that they are in the final stretch of the Petro administration, which basically ends next year.
“With a measure of this style, what you want is to anticipate the collection of the following fiscal term To pay in the following years, that is, empty the state coffers with a play like this, ”he said.
Economic growth.
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Regarding its convenience, he stressed that “it is a measure that is wrong, because it goes against the country have a tax reform by them. ”
It should be noted that this decision occurs in a context of high fiscal pressure, In which the Government faces a deficit of more than 6% of GDP, it lacks margin for a new structural tax reform and has seen its income for less dynamism in exports and minor Ecopetrol dividends.
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At the technical level, the DIAN argues in the draft decree that there are sectors where current self -retention represents less than 20% of the tax in charge, which generates an opportunity cost for the treasury and because of that, with the new rates it is intended that the income advance is distributed more proportional to the year throughout the year, and not only in the final payment of the declaration.
“The retention at the source is a mechanism designed to facilitate, accelerate and guarantee the collection of income tax. The best general and particular economic conditions, the adequate liquidity conditions of the productive apparatus and the significant gaps between self -retention and tax In charge of several economic sectors justify a review of self -retention rates, ”says the text.
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Red sectors
One of the points that attracts attention in this draft decree is that for some companies, especially those of the mining-energy sector, the impact is not marginal since the increase in self-retention represents a greater monthly cash output, which could affect its liquidity, at a time when they must also deal with other loads such as export tax and one of the highest net income rates.
The project establishes new rates for hundreds of economic activities, With rates ranging between 0.55% and 4.5%, depending on the sector. And although everyone is affected, the greatest load falls on industries such as coal extraction (Hulla); Natural gas extraction, generation and marketing of energy and collection, treatment and distribution of water; All with 4.5%.
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Álvaro Sabbagh, a lawyer in Scola Lawyers, said that an increase in retention rates such as the proposed one will surely generate that balances in favor of income tax of the affected taxpayers are increased.
“The mechanism of retention at the source seeks that the taxpayer pay in advance the income tax in charge that will appear in his annual statement, and by increasing the retention rates, What could happen is that more of the corresponding tax will be retained, therefore generating balances in favor of taxpayers, ”he said.
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Strong impact on cultural industries
However, it makes it clear that “it is a measure that directly affects the pocket of all Colombians, particularly lower income workers, because for example, now any service provider that receives a payment in value greater than 2 UVT ($ 99,598) will be subject to retention, when with the current norm the limit is in 4 UV ($ 199.196).”
In contrast, sectors such as agriculture, retail trade or education will have lower rates, around 1.1% or even 0.55%, which although it can be understood as an apparent fiscal progressive criterion, for experts it is also a concentrated load signal on extractive and infrastructure activities.
Another fact that should not be overlooked is that the literary, musical, theatrical and audiovisual creation, which used to pay 1.1%, would now be taxed at 3.5%, that is, more than triple. The same applies to the management of sports facilities and activities such as sound recording and music editing, all with the same jump.
The Decree project is in the public consultation stage and it is expected that during April and May observations from unions, companies and citizens will be collected. The final version could incorporate adjustments, but the general message is clear: the government seeks a reconfiguration of the business collection with greater pressure on the sectors of services, culture, art, environment and health.
