Colombia: Economic Binding Criteria

March 12, 2024

Transfer Pricing management has become a crucial factor for companies operating globally. In Colombia, the Tax Statute establishes clear criteria to determine the economic binding between entities, individuals, and companies. We will address the implications of the binding criteria herein in the Colombian Transfer Pricing context.

Guidelines Analysis

Before dipping into the details of the binding criteria, the conceptual background is essential to understand. According to the Organization for Economic Cooperation and Development (OECD) and the Colombian Tax Statute, economic binding is established when an entity directly or indirectly participates in the management, control, or capital of another one. Thus, the economic binding aims to identify the business relations and interconnections affecting the pricing. Hence, each country will establish binding criteria within its economic context to protect its tax collection.

Binding Criteria in Colombia


The first binding criterion refers to subordinated or controlled entities. Here, aspects such as capital ownership, voting rights, and prevailing influence on decisions and profit sharing must be considered. These elements provide a clear framework to identify subordinate relationships and apply appropriate Transfer Pricing measures.

Branches, Agencies, and Permanent Establishments

The second set of criteria addresses the binding regarding branches, agencies, and permanent establishments. These structures, although operating under a principal entity, should be considered bound, which implies a specialized analysis to ensure compliance with tax regulations.

Other Economic Binding Cases

The third group of criteria covers a variety of situations, from transactions between subordinates of the same parent company to transactions between companies whose capital belongs to persons bound by family relationships. Analyzing these specific circumstances is essential for an effective application of the Transfer Pricing policies.

Relevance of Identifying the Economic Binding

The assessment of a taxpayer’s Transfer Pricing obligations must be based on a thorough identification of its related parties. The clear definition of economic bindings allows taxpayers to correctly document their transactions within the Transfer Pricing scope, anticipating possible adjustments and avoiding omissions in their returns.


In conclusion, Transfer Pricing binding criteria in Colombia are essential for transparency and fairness in related entity transactions. This analysis highlights the significance of understanding and properly applying the criteria defined in the Tax Statute, allowing companies to comply with tax regulations and ensure effective Transfer Pricing management in an increasingly complex and globalized business environment. Understanding these criteria is not only essential for tax compliance but also for the establishment of fair and sustainable business relationships internationally.