The Dian projects that the income tax collection will amount to $ 3.9 billion for the term of 2019, an estimate is based on the technological tools that have been available for taxpayers to present this obligation without leaving home.
(Lea: How do you make your income tax return yourself?)
So far this year, according to data from the entity, the collection obtained by the Income and Complementary Tax was $ 13.43 billion, which, when compared with the goal assigned for this tax for the period January – July 2020, denotes a compliance of 114.1%.
However, despite the tools provided by the entity and the channels for attention, taxpayers must be careful when submitting this obligation since they may fall into common errors for which they could end up paying penalties.
According to the lawyer Juan Manuel Sáenz de Brigard, master in law and specialist in tax law, from Sáenz Castellanos Litigation & Advocay, one of the most common errors in the income statement of Colombians is to include expenses or non-existent costs for the purpose to decrease the tax base.
“Many times it occurs because there are unscrupulous lawyers or accountants who decide to manipulate costs and expenses, and cause the taxpayer to make the mistake of filing an inaccurate income tax return and from the outset it has a sanction that is regulated in article 648 of the tax statute ”, he says.
The penalty for inaccuracy is equivalent to 100% of the difference between the balance to be paid or balance in favor, as the case may be, determined in the official settlement and that declared by the taxpayer, or to 15% of the inaccurate values in the case of income and wealth statements.
Sáenz de Brigard explains that these cases are seen, for example, in the income that a person receives from the rental of a property. “You can deduct from that income what you paid for the maintenance of that house, such as a repair or remodeling. These costs can be discounted, but many times there are not such and that is when it voluntarily includes expenses to reduce the tax base, “he indicates.
And he adds that this is a very common voluntary error that not only causes the taxpayer to incur a tax problem, due to the penalties that must be paid for filing a return with errors, but it is also a crime. “The 2010 law of 2019 on the tax reform stipulated the crime of tax evasion or tax evasion. This crime includes a custodial sentence of up to 36 months and penalties of a pecuniary nature for evading or evading the payment of the tax ”, he emphasizes.
The other frequent case is that of the person who did not file the income tax return on the established dates, but then did so extemporaneously. Here, in accordance with article 641 of the tax statute, a penalty equivalent to 5% of the total tax to be paid for each month or fraction of delay is provided.
While the taxpayer obliged to declare, who was or was not aware of his income, and did not do so, will be required by the Dian and will be sanctioned with 20% of the value of the gross income of the undeclared period. That is, if you had income of 100 million pesos, you will pay 20 million for a fine.
“The taxpayer is also forced not only to pay the penalty but also the interest charged by the Dian at a usury rate certified by the Financial Superintendency of 33% annual cash,” adds Sáenz de Brigard.
In any case, Sáenz de Brigard points out the importance of doing tax planning so that taxpayers are more aware of their income and what they may be paying in rent. “You project that figure and the day you have to pay because you have the cash flow to do it,” he concludes.