The Colombian National Tax and Customs Administration (DIAN) modified 2021’s Resolution 164 related to the Ultimate Beneficial Owner´s Report (RUB).

By Maria Helena Padilla Bello

According to Resolution 37 from March 17, 2022, DIAN modified articles 4, 10, and 13 of 2021’s Resolution 164, which provided administrative regulation to articles 631-5 and 631-6 of the Colombian National Tax Statute (ET). Resolution 37 substantially modified regulation towards (i) the criteria to determine who is obliged to submit information to the RUB; (ii) the opportunity to submit information to the RUB; and (iii) the Structures without Legal Status Identification System (SIESPJ), in the following way:

 

1. Criteria to determine who is obliged to submit information to the RUB:
   Initially, article 4 of Resolution 164 form 2021 established that structures without legal entity or similar structures whose assets within the Colombian jurisdiction represent more than the total value of the structure’s assets, are not obliged to report information to the RUB. According to the modification made, foreign legal entities are obliged to submit information if the total (100%) of their investment in Colombian territory is not effectuated in legal entities, permanent establishments or structures without legal status or similar, in accordance to section 1, 2, and 3, article 4 of Resolution 000164.

 

2. Opportunity to submit information to the RUB: According to article 10 of Resolution 000164, legal entities or structures without legal status or similar, created and constituted before January 15, 2022, were obliged to submit information through the DIAN, before September 30, 2022. With the new regulation, the deadlines were extended. Resolution 37 now states that legal entities or structures without legal status or similar created or constituted before September 30, 2022, are meant to submit information before December 31, 2022.

 

2. Opportunity to submit information to the SIESPJ: Article 13 of Resolution 164 stated that structures without legal entity and similar created before January 15, 2022 and that are not meant to sign up to the Unique Tax Registration (RUT), are obliged to register to the SIESPJ, before September 20, 2022. With article 3 of Resolution 37, the deadlines previously mentioned are extended. Now, entities are meant to register to the SIESPJ before December 31, 2022.