He Single Registry of Final Beneficiaries (RUB)It is a mechanism that aims to combat the problems of money laundering, terrorist financing and tax evasion, among others.
As an integral part of the Tax Regime (RUT), this requirement obliges legal entities and structures without legal status or similar to provide information on their final beneficiaries, as established in Law 2155 of 2021.
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This means that the “trustors, or any other natural person who exercises effective/final control, or who has the right to enjoy and/or dispose of the assets, benefits, results or profits of the constituted entities” must be reported to the DIAN, through the RUB.
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The term to update or declare said information is stipulated until July 31 of this year. In case of not submitting this report, the entity can administer several penalties, in accordance with the Article 20 of Resolution 000164 of 2021.
“When the party obliged to provide information in the sole registry of final beneficiaries -RUB-, does not provide it, provides it incorrectly or incompletely, and/or does not update it, they will be penalized as provided for in article 658-3 of the Statute Tax,” the document states.
In several cases it is the DIAN that requests a legal action against those who do not declare the requested information.
Although this last article refers to the RUT, according to 631-6, the RUB behaves as a subsection of the single tax registry, so the same sanctions would govern it.
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In this sense, if as a company it does not report the information about its final beneficiaries before the mentioned date, must face a fine equivalent to one UVT ($42,412) for each day of delay in updating the information.
On the other hand, if the DIAN requests said information and still does not deliver the report, legal persons, structures without legal status or will have a fine that does not exceed 7,500 UVT ($318 million, approximately), according to what is stated in article 17. of the aforementioned resolution.
“In the event that the information indicated in article 17 of this resolution is requested by the tax administration, and it is not provided, is not supplied within the period established for it or the content presents errors or does not correspond to what was requested, there will be the application of the sanctions contemplated in article 651 of the Tax Statute”, expresses the subparagraph.
(Also read: How to make payments of your obligations virtually in Asopagos?).
Therefore, it is recommended that you be aware of updating the information of the final beneficiaries, in order to avoid the penalties described above. However, if you want more information you can review the resolution
DIAN will initiate tax processes for late payments
NATHALIA GOMEZ PARRA
DIGITAL SCOPE WRITING
TIME
