On August 12, 2021, Resolution No. 000072 of 2021 was published in the Official Gazette of Colombia, establishing the procedure for the filing of Informative Transfer Pricing Statement – Form 120, as well as for the notification of the Country-by-Country Report and adopts the content and technical specifications of the information to be filed through the electronic computer services of the DIAN (Dirección de Impuestos y Aduanas Nacionales – National Tax and Customs Directorate).
1. Informative Transfer Pricing Statement
Taxpayers of income tax and complementary tax, obliged to file the Informative Transfer Pricing Statement referred to in Article 260-9 of the Tax Statute for the taxable year 2021 or the fraction of the taxable year 2021, shall follow the steps through the electronic computer services of the Special Administrative Unit DIAN.
2. Information to be provided by obliged ones
The information to be filed for the taxable year 2020 in Form 1125 Version 13 is as follows:
- Form 1125. Operations with foreign related parties located in free trade zones or persons, companies, entities, or companies located, resident, or domiciled in non-cooperating jurisdictions of low or no taxation or preferential tax regimes – Transfer Pricing Statement.
3. Notification – Country-by-Country Report
The Member Entity of a Multinational Group residing in Colombia for tax purposes shall notify the DIAN whether it is the parent company, controlling entity, or the substitute entity. When a member entity of a multinational group residing in Colombia for tax purposes is not the parent company, controlling entity, nor the substitute entity, it shall notify the DIAN the identity and tax residence of the reporting entity.
4. Non – Obligated companies
Those companies not obliged to file the Informative Transfer Pricing Statement must comply with the notification of the Country-by-Country report to the DIAN, using the format established for such purpose.
5. Electronic signature tool
The electronic signature tool is assigned to the natural person on his behalf or the taxpayer, responsible party, or declarant must comply with the formal duty to file the information, having the status of the subscriber for such purposes under the conditions and the procedures set forth in Resolution 70.
6. Effectiveness date
The Resolution is effective as of August 13, 2021, and repeals the resolutions contrary to it.
Source: Diario Oficial 23/08/21
