Petro Administration Submits Tax Reform Bill to Colombian Congress. Here is How it Would Affect Foreign Businesses & Individuals

The Colombian government, under the leadership of President Gustavo Petro, has submitted a comprehensive tax reform bill to the country’s congress. The proposed legislation, introduced on September 1, 2025, aims to address fiscal imbalances and introduces a wide array of changes that could significantly impact multinational corporations, international investors, and entrepreneurs operating in Colombia.

The bill’s passage is uncertain, particularly with the 2026 presidential elections approaching. However, the breadth of the proposed changes warrants close attention. A summary of the key provisions, based on a document from PwC, is outlined below.

Value Added Tax (VAT)

The proposed reform includes several significant changes to the Value Added Tax (VAT) system:

• Online Gambling: Online gambling would be permanently subject to VAT, a measure that is currently in place temporarily until the end of 2025. This would also require non-resident operators to register for, collect, and file VAT where applicable.
• Filing Frequency: The VAT filing frequency would be standardized to every two months for all registered suppliers, a change from the current system, where some businesses file four times a year.
• Input VAT Creditability: The window for claiming input VAT credits would be reduced from eight to six months.
• Self-Charging VAT: Large taxpayers would be required to self-charge VAT on taxable services imported into Colombia.
• Fuel Oils: Taxation on fuel oils would be increased through adjustments to the taxable base and higher rates.
• Cultural and Sporting Events: Recreational, cultural, and music festivals, as well as sporting events, would be subject to a 19% VAT.
• Low-Value Shipments: The “de minimis” exemption for low-value shipments would be eliminated.
• Digital Services: The VAT exemption for cloud computing, hosting, and software licenses for digital content would be removed. This change is likely to impact non-resident providers selling services to VAT-unregistered customers in Colombia.

Energy Sector

The energy sector would also see significant changes:

• Extraction Tax: A 1% tax would be imposed on the extraction of coal and oil for domestic sale or export. This would apply to taxpayers with a taxable income of $585,000 USD or more in the previous year.
• Coal Producers: The income tax brackets for coal producers would be tightened, aligning them with those for oil producers.
• Renewable Energy: The 50% “super deduction” for qualified renewable energy projects would be replaced with bonds redeemable over 15 years. Supplies for these projects would become zero-rated.

Corporate and Capital Gains Tax

Several changes are proposed for corporate income and capital gains taxes:

• Financial Industry Surcharge: The surcharge for the financial industry would increase from 5% to 15%, in addition to the 35% headline corporate tax rate.
• Deductibility of Expenses: Withholding tax would become a prerequisite for the deductibility of costs and expenses.
• Amortization: Tax amortization of fixed-term assets and shares would be permitted.
• Capital Gains Tax: The capital gains tax for lotteries, raffles, and gambling would increase from 20% to 30%. The 15% rate for the sale of fixed assets would remain, but the required ownership period would increase from two to four years.
• Non-Resident Dividend Tax: The tax on dividends paid to non-residents would increase from 20% to 30%.

Personal Income Tax

The proposed reform would also impact personal income tax:

• Withholding Tax: The current withholding tax system, based on a 12-month average, would be replaced by a system based on monthly income tax brackets. The top marginal rate would increase from 39% to 41%.
• Dividend Tax Credit: The dividend tax credit for individuals would be eliminated.

International Taxation

The bill includes several provisions related to international taxation:

• Sale of Shares: For direct sales of shares, non-resident sellers would be required to provide proof of filing and tax payment to the local recipient’s agent. Both the agent and representative would be jointly liable for any outstanding taxes.
• Indirect Sales: Joint liability would be introduced for any unfiled income tax returns from the seller in indirect sales.
• Corporate Restructuring: Corporate restructurings using “effective place of management” rules would need to be reported to the tax office and in financial statements.
• Information Exchange: Failure to provide data for automatic exchange of information could result in the closure of bank accounts.
• Permanent Establishments: Taxation for permanent establishments would be aligned with the rules for tax residents.
• Related Parties: Limitations on costs and deductions for related parties would continue to be lifted if they are arm’s length compliant, but withholding tax would still be due where applicable.

Digital Taxation

The proposed reform also addresses digital taxation:

• Significant Economic Presence: The tax rate for taxpayers with a “significant economic presence” who elect to file annual income tax returns would increase from 3% to 5%.
• Digital Assets: Digital assets would be outside the scope of income tax, except where they represent underlying assets. They could also be eligible for tax amortization.
• Indirect Disposal of Assets: The indirect disposal of assets in Colombia through the international transfer of digital assets would become subject to income tax.

Tax Amnesty

The bill includes provisions for a tax amnesty program:

• Penalties and Interest: Penalties and interest could be reduced under certain circumstances for unfiled returns, unpaid taxes, or ongoing tax disputes, provided the underlying tax is fully paid.
• Undeclared Assets: Underreported assets or over-reported liabilities as of January 1, 2026, would be subject to a 15% complementary tax rate, without triggering penalties or interest.

Miscellaneous Provisions

Other notable provisions include:

• Excise Tax: Excise tax rates for beers and liquors would be leveled to 30%, with a broadened taxable base based on liquor content.
• Amended Returns: The window to file amended returns to pay more tax or increase a tax receivable would be tied to the statute of limitations (3 or 5 years).

The proposed tax reform is extensive and could have a significant impact on businesses and individuals in Colombia. As the bill makes its way through Congress, taxpayers must stay informed of any developments.

Finance Colombia will continue to monitor the progress of this legislation. Readers are encouraged to follow financecolombia.com for the latest updates.

Gustavo Petro at his 2025 Labor Day rally. Photo credit: Presidencia de la República de Colombia.