Stay informed about regulatory changes with RSM Colombia’s legal and tax advisory services

Companies in Colombia need a portfolio of services for optimizing their tax expense, reducing legal risks and complying with the legal parameters established for the country. At RSM, we can deliver tax services that offer in-depth and up-to-date knowledge of relevant local standards and regulations. With the collaboration of our professionals in all relevant jurisdictions, we are able to provide you with seamless tax solutions.

We offer practical, commercial, and socially responsible advice through our most experienced legal and tax experts. We’re dedicated to finding the best possible tax solutions for your business, while acting with the highest level of integrity and concern for your reputation.

Our approach is based entirely on putting your needs first. We understand that every client is different, so whether you are seeking guidance on personal or corporate tax planning, tax litigation or tax due diligence, rest assured that we will shape our service to meet the requirements of your organization.

As part of RSM Global’s worldwide network, we are uniquely placed to offer tax advisory support on a number of issues across a wide range of territories. We have around 800 offices based in 120 countries and being able to tap into that wealth of knowledge means we are ideally positioned to deal with cross-border transactions and the various legislations.

Legal and Tax Advisory Services

Below, you will find a brief summary of the tax services we can offer your organization.

Taxes

  • National and international tax consultancy, permanent or case by case
    • Legal, tax and exchange diagnostic
    • Tax training and updates
  • Tax due diligence
  • Tax compliance services
    • Review of external information destined for regulatory entities
    • Drafting and/or review of tax returns
  • Corporate and personal tax planning
  • Tax litigation
    • Discussion of tax administration acts through governmental channels​
    • Filing claims regarding taxes through jurisdictional (legal) channels
  • Processes for tax reimbursements
  • International treaties
  • Permanent residency
  • Cross-border transactions
  • Advisory services in foreign exchange law
  • Entrepreneurial restructuring
  • Constituting legal vehicles

Corporate Legal

  • Transfer pricing
  • BEPS (Base Erosion Profit Shifting)
  • Corporate due diligence
  • Organization of corporations and registration processes
  • Drafting commercial contracts
  • Accompaniment before authorities
  • Trademarks registration

Expert tax advice from RSM Colombia 

If you are seeking tax advice or would like to know more about the tax advisory services we can offer your organization, please get in touch with us today. You can contact us via email or visit one of our offices in Cali, Medellin, Bucaramanga and Bogota. Together, we will find the tax solutions that are tailored to you.

Our Legal & Tax Advice services

 

Tax

Immediate attention to client concerns concerning the interpretation or application of tax law, often involving advice with recommendations leading to tax benefits to the client.

Our tax experts offer a seasoned review of potential tax liabilities and/or benefits, as needed for a variety of motives including mergers and acquisitions, change of ownership, or in anticipation of a tax audit, among others.

Review of supplementary information intended for regulatory entities 

A growing number of companies in Colombia are required to submit to national and district taxation authorities detailed accounting and financial information including transactions with third parties in electronic format. In preparation for this annual submission, we will validate the information to be provided, including for compliance with the specific requirements. 

Drafting and/or review of tax returns 

Our tax compliance team can assist with either the drafting or review of all required tax returns, including those of entities under a special tax regime.

We perform a series of pre-planned reviews and actions that minimize taxpayers’ tax burden in a rational and compliant way, while also providing peace-of-mind through a confident fiscal closing.

Communicating with taxation authorities concerning litigation and other proceedings 

We utilize our contacts with the tax authorities and the right to challenge decisions directly with the authorities to query and understand fully the basis for any ongoing or anticipated actions, where a taxpayer feels that their rights have been affected.

The relatively high withholding rates in Colombia have generated an increase in the balances in favor, which it possible to claim reimbursement of from the tax administration. Our advisory service in this area comprises a detailed review of the underlying claim documentation (since the tax authority will itself conduct such an audit before approving the reimbursement), and assistance with the reimbursement paperwork.

Colombia has in place a growing number of international treaties to prevent double taxation. Our team of professionals review relevant treaties in order to maximize our client’s utilization of all applicable provisions, in order to legally and appropriately minimize their tax burden.

We offer an interpretation of the Permanent Establishment concept as adopted by Colombian taxation legislation, and as specifically defined, clarified and regulated by relevant provisions of the 2012 tax reform, and an assessment of its applicability to our client’s particular circumstances.

We provide advice on taking full legal advantage of corporate structures in countries with or without double-taxation treaties with Colombia, in order to optimize the available tax benefits.

We attend the needs of corporations and their shareholders relating to mergers and spin-offs, in order to obtain full benefits available in the Tax Law.

We help design and implement appropriate corporate structures that meet the current and future needs of partners and shareholders – including the incorporation of national or foreign corporations and the adaptation of by-laws and corporate bodies.

Complete advisory services for obtaining the Online Gambling license to operate in Colombia, before COLJUEGOS (Government Authority responsible for authorizing the online gambling licenses).  Our services include the guidance in all the legal, foreign exchange, tax, regulatory, financial and compliance requirements, demanded by the current legislation.  Our services are described as follows:

 

  1. Explanation of all the technical requirements issued by COLJUEGOS under Resolution 20164000029574.
  2. Guidance on the delimitation of the online games that the investor wants to apply for the operating license in Colombia.
  3. Advise on the foreign exchange regulations for establishing an entity in Colombia, and the correct way of funding it, from abroad.
  4. Establishment of the legal entity in Colombia that complies with the requirements demanded by COLJUEGOS to apply for the operating license.
  5. Drafting the bylaws of the entity. 
  6. Issuing the initial financial statements of the legal entity applying for the license.
  7. Assisting on the opening of the bank accounts
  8. Drafting the bank guarantees demanded by the official Resolutions.
  9. Follow up on the technical laboratories hired by the investor for the online platform certifications.
  10. Tax analysis for the foreign investor.
  11. Drafting the SIPLAFT handbook.
  12. Assisting on the enrollment of the Compliance Officer
  13. Representation in the meeting that may be required before COLJUEGOS.
  14. Assistance on the uploading all the requirements in the official platform demanded by COLJUEGOS.
  15. Reviewing the license agreement to be signed by COLJUEGOS.

Corporate law

Given the business expansion in a globalized world, the tax burden is a key variable for multinational companies who wish to invest in a determined country. This is why we have found very important to provide tools to allow our clients to achieve an appropriate tax burden without breaching the anti-erosion measures adopted. 

Through this service our clients obtain an understanding of the BEPS concept, the measures adopted, how these measures have been implemented, and how our clients could be affected.

We help design and implement appropriate corporate schemes that allow for a successful completion of the decisions of future partners or shareholders, pursuant to the legal system in force.

Where our clients request, or are obliged to fulfill, a process before either private or governmental authorities we provide advice and accompaniment in order to advance our clients’ interests.

At RSM Colombia, we are fully committed to providing our clients with a wide range of legal and financial services, and transfer pricing plays a significant role in our offering. Transfer pricing is a critical tax issue for many organizations around the world, so it is crucial that your company receives only the best in sound, expert advice. 

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Due diligence reviews are an integral part of the modern business landscape, and RSM Colombia can ensure yours is carried out with the utmost care and professionalism. The objective of our due diligence services is to analyze the legal structures comprising the business unit, as well as the contracts entered into, in order to verify that the company complies with the legal provisions relating to its corporate purpose. 

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The creation of sound, transparent and watertight contracts is a fundamental operational process for many organizations, which is why it is imperative to enlist the services of corporate contract drafting specialists to ensure the procedure runs as smoothly as possible. That is where RSM Colombia can help you. 

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We help our clients protect their most important business asset: their trademark. For such purposes we provide advice throughout all the processes of trademark application and registration before the competent authorities, including any proceedings that could arise due to trademark conflicts. 

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