Colombia: Sanctions for failing to file income tax returns

In Colombia, taxpayers who fail to file their income tax returns within the established deadlines face various legal and financial consequences. According to legal experts, failing to meet the deadline results in the taxpayer being classified as an 'omissible taxpayer' (contribuyente omiso), triggering late payment interest and extemporaneous sanctions.

Under Article 641 of the Tax Statute, the penalty is set at 5% of the tax due for each month or fraction of a month of delay. In cases where there is no tax to pay, the penalty is calculated based on income or assets, with a minimum floor of 10 UVT (approximately $524,000 COP).

While failure to file is primarily an administrative infraction, it can escalate to a criminal matter if specific conditions are met. Criminal liability typically requires the omitted tax amount to exceed legal thresholds, evidence of intent to defraud the state (dolo), and a formal criminal complaint filed by the DIAN.