Decree 240 of March 12, 2026

The Decree establishes tax relief measures, mechanisms for administrative dispute resolution, and opportunities for tax regularization. What do taxpayers need to know?  

Tax breaks: 

Reduction of penalties and interest 

Three types of relief are available for tax, customs, and foreign exchange obligations administered by the DIAN:

1. Overdue obligations as of December 31, 2025: Taxpayers may pay their overdue tax liabilities with a 15% reduction in penalties and late payment interest at a reduced annual rate of 4.5%, provided they pay 100% of the principal liability by April 30, 2026, at the latest.
   1. Offsets or account transfers are not accepted as forms of payment.
   2. Taxpayers who have a payment plan may take advantage of this benefit. 
       
2. Omission or correction of statements: Taxpayers who have failed to file tax returns by November 30, 2025, or who wish to correct tax, customs, and foreign exchange returns filed by December 31, 2025, may do so by paying 15% of the applicable penalties, the full amount of the tax, any unpaid duties, and late payment interest, provided that such payments are made by April 30, 2026. 
    
3. Failure to comply with procedural requirements: If taxpayers have failed to meet formal obligations as of November 30, 2025, they may reduce the penalty to 15% provided they fulfill the formal obligation by April 30, 2025, at the latest.
   1. This applies to tax, customs, and foreign exchange obligations for which no request for reconsideration has been filed.
   2. This applies to transfer pricing and the informative declaration.
   3. This does not apply to customs matters involving goods subject to legal restrictions, seized goods, or forfeited goods. 

Interim Application Due to Failure to Comply with Procedural Requirements

 Taxpayers who had outstanding formal obligations related to taxes, customs, or foreign exchange when Decree 0240 of 2026 took effect (March 13, 2026) may regularize their status under a temporary provision. 

What should you do? 

Pay by April 30, 2026, at the latest:

• 3% of the gross income reported on the income tax return and supplementary forms (or the income and net worth return, as applicable) for the 2024 tax year.
• 2% of the gross net worth and/or total assets held as of December 31, 2025, for those not required to file an income tax return. 

The fine may not exceed 1,500 UVT ($78,561,000). 

Administrative Mediation 

The DIAN is authorized to settle contentious proceedings in tax, customs, and foreign exchange matters where a claim for annulment and restoration of rights was filed before December 31, 2025, under the following conditions:

• First stage: Payment of 100% of the disputed tax, 15% in penalties, and interest at 4.5%. The remaining 85% of penalties and interest may be waived.
• Second instance: Payment of 100% of the tax, 20% of penalties, and interest at 4.5%. The remaining 80% may be waived.
• Penalty-only proceedings: Payment of 20% of the updated penalty; 80% may be waived.
• In administrative proceedings imposing penalties for improper refunds or offsets: The settlement applies when the taxpayer pays 30% of the penalty and repays the full amount of any excess refunds, offsets, or credits, settling the respective late payment interest reduced to 30%.

Applications for reconciliation must be filed with the DIAN by June 30, 2026. 

Tax regularization 

A supplementary tax for tax regularization is hereby established for the 2026 tax year, applicable to taxpayers subject to income tax or substitute tax regimes who have unreported assets, undervalued assets, or nonexistent liabilities as of April 1, 2026. 

• Rate: 19% of the tax basis or commercial self-assessment value of the omitted assets or the tax value of the non-existent liabilities.
• Consequences: The normalization does not result in a net worth comparison, taxable net income, penalties related to income tax, VAT, transfer pricing, or criminal prosecution for the declared assets.
• Foreign trusts and structures: Private interest foundations, trusts, insurance policies with a savings component, and other foreign fiduciary arrangements are treated as fiduciary rights held in Colombia, and their value is determined based on the underlying assets (principle of tax transparency).
• Declaration and payment: This is done via a separate tax return, due by July 31, 2026, with no possibility of late filing or subsequent correction.

At RSM Colombia, we believe these measures represent a concrete opportunity for taxpayers to bring their tax affairs into compliance and reduce disputes with the DIAN under significantly favorable terms. We stand ready to assist our clients in evaluating each of these mechanisms and making timely, informed decisions within the established deadlines.