He director of the Dian, Luis Carlos Reyesis ‘squeezing the screws’ on all taxpayers to pay their taxes. In total, it has identified 321,367 defaulters nationwide and more than 62,000 of them are already in processes with the prosecutorthat is, they are exposed to custodial sentences.
This week the organization summoned thousands of them in Bogotá and the idea is to continue summoning more to catch up. In an interview with EL TIEMPO, the official told how this “persecution” is taking place.
In context: These are the mechanisms to lower the withholding tax base in 2023
Have you identified how many defaulters there are in the country and how many of them have already taken to the Prosecutor’s Office?
With the Prosecutor’s Office we are already talking about custodial sentences that can range between 49 and 108 months.
We have identified 321,367 defaulters who owe the State 14.5 trillion pesos. The largest debts are VAT and consumption tax (6.4 trillion pesos) and withholding at source (5.2 trillion pesos). All of them go through a procedure in which a series of notifications are sent to them and if they do not pay, they reach the final instance, which is the Prosecutor’s Office. Of them, there are 62,129 taxpayers in this last process in the last 3 years and this week we quoted 1,200 of them in Bogotá. We will continue to call for more. Our interest is that people who have larger debts are prioritized.
Can it be said that they have one last chance to catch up?
Yeah. We are offering them the opportunity to pay or to reach an agreement. In such a case, we would recommend that the Prosecutor’s Office desist from the criminal action, understanding that it is an independent entity. However, we both share the mutual goal that these criminal offenses are applied in a way that leads to increased collection.
Defaulters accumulate 14.5 trillion pesos in debt for the State.
(You can read: The requests of the Dian workers to Luis Carlos Reyes).
What are these people exposed to?
They are legal or natural persons but they operate businesses. with the prosecutor We are already talking about custodial sentences that can range between 49 and 108 months. There are as crimes the omission of a withholding agent, which is what is incurred, for example, by commercial establishments that sell a product in which they collect VAT and then do not pass it on to the tax administration, but keep it and that is to keep state resources.
How much is already deprived of liberty for this reason?
Right now, there are around 200 custodial sentences.
Do not stop reading: Dian is behind the shopping centers to issue electronic invoices
In the tax reform there was a lifeline for defaulters, can people still be accepted?
Yes, in fact, defaulters can always approach signing payment agreements, but at this time there is a 50 percent reduction in interest on debts and 40 percent of penalties and interest on tax returns that have omitted or need to be corrected.
Director General of the Dian, Luis Carlos Reyes Hernández.
Mauricio Moreno. TIME
Have you also identified those who have assets abroad?
This figure is a bit more complicated to calculate because here we are talking about sales that can be verified, while hiding assets has to be measured indirectly. What we do know is that what is evaded annually in taxes is close to 7 percent of GDP. It’s a huge amount and that’s why we hope that these types of actions will deter people.
(Keep reading: La Dian has more than 4,700 openings: what you need to do to sign up).
Are they behind the businesses to issue the electronic invoice?
If they continue to commit faults, sanctions can be imposed that include the closure of the establishment.
Yes, we want to send a message that it is not optional to issue the Electronic bill and that businesses have to give it to the customer without hindrance and without demanding a lot of documents, as unfortunately we have found, even in the main cities. They only have to ask for three pieces of information: name, ID and email. Anything else is against the norm. In Colombia there are around 960,000 taxpayers They have this document implemented but we need them to issue it correctly.
Do the ‘Sanandresitos’ also have to invoice electronically?
Of course, any type of business, from the big ones to the ‘Sanandresitos’. There are no legal exceptions and we are visiting them to verify that they do it correctly. Otherwise, if they continue to commit faults, sanctions may be imposed that include the closure of the establishment.
The use of the electronic invoice represents a reduction in operational costs.
(Do not stop reading: The ordeal that Colombians used at home for owing 300 thousand to Dian).
And how widespread is electronic payroll?
It is important that more companies do so since it is a fundamental tool for control and it is also a way for them to avoid incurring, for example, this crime of omission of withholding agent.
How is the tax collection going so far?
In the first quarter of the year, the collection was 100.5 percent of the goal. in the year We hope to reach 298 billion pesos. Although it is always subject to adjustment since tax collection is a variable that depends on macroeconomic movements.
And how is the simple tax regime progressing?
The benefits are increased simple tax regime for smaller businesses after tax reform and now pay lower rates. For example, for the first category, that of the smallest that applies to shopkeepers, the social security of the shop owner himself is now included in the simple regime.
Headquarters of the Directorate of National Taxes and Customs (Dian).
Carlos Ortega. TIME
Where there is income there are taxes and that is where we will be.
Are digital platforms like Netflix and Spotify already paying rent?
The income tax that is being paid this year is the one that comes from 2022. So, although the norm that remained in the tax reform and progress has been made in its regulation, we will have to wait for the following year.
How is the expansion of the Dian plant going? Would it contribute to a higher collection?
The decree to expand the plant has already been signed by the President Gustavo Petro. La Dian will have 10,207 more people, of which 7,000 will enter this year. We are completely convinced that it not only pays for itself, but that it is the best business in which the country can invest, since it has higher returns.
Are there still open vacancies?
Yes, we have just released a contest organized by the National Civil Service Commission. The tender is out and We believe that the citizens who registered by presenting in June.
(Also: Dian is after the malls to issue electronic invoices).
Apart from that, do you plan to make more reforms within the Dian?
Yes, an important way to give teeth to the entity is the one that we already talked about the criminal types for tax fraud and the omission of non-existent assets and declaration of liabilities. Physical educationBut beyond that, an article was presented in the tax office that gives the President extraordinary powers to change dian’s administrative career so that promotion and outstanding job performance are things that are rewarded. We think that this will also increase the efficiency of what we do.
When are the healthy taxes that were approved in the tax office launched?
These taxes go into effect in November. They are taxes that are charged to products that are consumed and that make payments throughout the year.
One of the most advanced demands in the Constitutional Court is that of the non-deductibility of the royalties that were advanced in the tax, are you worried that it could fall?
In any tax reform there are challenges and questions, but in general we are quite confident in the constitutionality of what is coming. Obviously, the Court will have the last word, but we think that the decision will be favorable.
Luis Carlos Reyes, director of the Directorate of National Taxes and Customs (Dian).
Jaiver Nieto Alvarez. TIME
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In the end, will only those who earned more than 10 million pesos pay more rent?
That’s how it is.
And could you think of another tax reform in the medium term?
At this time, there are several reforms of other issues on the government’s agenda. What was mentioned at the time and has not been ruled out is a tax reform of land taxes. However, there is nothing yet.
Are they also after the ‘influencers’ to pay taxes?
Yes, in fact we have worked with several of them to clarify tax issues. Many have shown a willingness to make corrections and there are other cases that we are investigating. Same as with any other category of taxpayer; where there is tax revenue there is and we will be there.
The National Development Plan spoke of a universal income registry. What would it consist of?
As its name says, it is a universal income registry in which data from different sources will be compiled by Planning. The objective is that we have a more precise measurement of the income of all Colombians. to direct social programs.
But would that be an income statement as such?
Formally no, but it is an income record and Dian would not handle it.
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