Sebastián Béndiksen, Our Managing Partner, Reveals the Opportunities and Challenges of Trade between Colombia and Peru in Revista Semana

Our managing partner and specialist in corporate law, Sebastián Béndiksen, shares his insight with Revista Semana on the entry of Peruvian companies into Colombia and its impact on the growing economic and commercial integration between these two nations.

Find out more about this business expansion and its potential contributions.

Read the news (in spanish) here.

Sebastián Béndiksen Talks with Revista Portafolio About his Innovative Argument Before INVIMA

Our managing partner, Sebastián Béndiksen, talks to Revista Portafolio about his outstanding management in obtaining authorization in the field of the food industry through a solid argument based on the application of regulations by analogy before INVIMA.

Read article (in Spanish) here.

Contact us for more information, we will be happy to address your concerns.

Cumbre Latina Magazine Publishes Article Highlighting BéndiksenLaw’s First 10 Years

Cumbre Latina Magazine has dedicated a prominent space to highlight the achievements and trajectory of BéndiksenLaw in its first 10 years of existence. This article offers an in-depth look at the evolution and milestones of our law firm, highlighting our continued commitment to excellence in client service and positive impact in the legal field. We are honored by this distinction and grateful for the continued support of our customers and collaborators on this exciting journey.

Read the article (in Spanish) here.

Contact us for more information, we will be happy to address your concerns.

Webinar- Legal Compliance of Cryptoactives: Essential Knowledge for Colombian Companies.

We will find out about the legal competition of cryptoassets in Colombian companies from Sebastián Béndiksen, managing partner of BéndiksenLaw and specialist in corporate law. Sebastián shares with us his experience and key advice on the subject, guides us through the legal implications and responsibility of administrators in this constantly evolving area.

In this exclusive webinar we explore the current legal landscape of cryptocurrencies in Colombia, the necessary security measures, and the tax implications that must be taken into account.

Do not miss the opportunity to obtain valuable information and clear your doubts about the compliance of cryptoassets in Colombian companies.

Remember that at BéndiksenLaw you will find the support and advice you need to successfully navigate the legal implications and responsibilities. Do not hesitate to contact us!

Watch the webinar (in Spanish)

To download the presentation (in Spanish) click here

Join our webinar on Legal Compliance of Cryptoassets: Essential Knowledge for Colombian Companies

Are you interested in learning more about cryptoasset legal compliance and how it applies to businesses in Colombia? If so, we have great news for you! We are organizing an exciting webinar (in Spanish) that will take place on June 6 at 10:30 am, where we will delve into the essential knowledge that every Colombian company must consider in the world of cryptoassets. If you want to keep your business up to date and make sure you comply with all regulations, this webinar is for you. Keep reading to learn more!

Details of the event:

Date: June 6, 2023

Time: 10:30 am (Colombia time)

In this webinar our managing partner, Sebastián Béndiksen, will give us valuable and practical information on how companies in Colombia can address the challenges and opportunities related to cryptoassets safely and in compliance with regulations.

Who should attend?

This webinar is designed for entrepreneurs, directors, managers, legal professionals and anyone interested in understanding the legal and regulatory aspects of cryptoassets in the Colombian context. It does not matter if you already have experience in the subject or if you are new to the world of cryptoactives, this event will give you valuable and updated information.

Inscription:

To join our webinar, simply go to https://eventograma.com/compliance-legal-de-criptoactivos/ and complete the registration form. Registration is free, but space is limited, so be sure to reserve your spot as soon as possible.

Do not miss this opportunity to acquire essential knowledge about legal compliance of cryptoassets and how to apply them to your company in Colombia. The webinar on June 6 at 10:30 am will be an invaluable opportunity to stay updated and ensure you comply with regulations in the world of cryptoassets. Register now and reserve your spot. We are waiting for you!

Tax reform: is the taxation of multinationals disproportionate?

Source: click here

Jaime G. Béndiksen, founder of BéndiksenLaw, affirms that multinational corporations have maintained, for many years, important investments in Colombia, contributing to the financing of the expenses and investments of the State, paying taxes and contributing to the economic growth and development of the country. He warns that with the Tax Reform Law 2277 of 2022 this will surely change.

For this graduate in Law from the Autonomous University of Mexico, with a master’s degree in Comparative Jurisprudence from the University of New York and a doctorate in Law, the tax burden currently borne by multinational companies, both affiliates or subsidiaries of national companies and foreign parent companies, and the additional charges that the 2022 tax reform imposes on them, will surely impact their operations.

He reminds readers that the income rate paid by national companies in Colombia is 35%. In his words, “it’s a horrendous percentage.”

He notes that the OECD last year analyzed tax rates in a sample of 117 countries. Colombia is one of the countries with the highest rates in said sample. Other countries’ average fee is 20%.

Ours is supremely high. The taxation of multinational companies was already disproportionate, a situation that is aggravated by the additional burdens imposed by the tax reform.

He explains that, taken together and simultaneously, all the taxes set forth by the tax reform can have a cascading effect that translates into a confiscatory effect, prohibited by our Constitution:

This will discourage investment and saving. In addition, it could have adverse repercussions on economic growth and job creation in the country.

Although some of the purposes of the tax reform, such as the protection of the environment, the promotion of health or the reduction of social inequality, are laudable, this does not justify that the reform neglects or completely ignores the constitutional principles of taxation.

The positive of the tax reform for national companies and foreign entities

A positive point of the tax reform, as Béndiksen points out, is article 240 on the reduction of rates for certain taxpayers and the reduction of rates for national companies and foreign legal entities.​

There is a reduced rate of 15% for 10 years for certain new projects or remodeling or expansion of existing projects in hotels, ecotourism theme parks and / or agrotourism.​

Similarly, a reduced rate of 15% for publishing companies, legal persons incorporated in Colombia, whose economic activity and corporate purpose is exclusively book publishing under the terms of Law 98 of 1993.

Rate increase as a negative point

For Béndiksen, it is very serious that the tax reform presents an increase in income tax rates for national companies and foreign legal entities:

A rate of 40% for financial institutions, insurance and reinsurance entities, stock brokerage firms, stock market infrastructure providers and others. For the periods 2023 to 2027, the taxable income will be the same or greater than 120,000 UVT, with advance payment of 100% in two equal installments.

On the other hand, there are rates of 40% or 45% for the extraction of hard coal (stone coal) and extraction of lignite coal. This is a “taxable income equal to or greater than 50,000 UVT in an aggregate manner with a related parties”.

Watch the webinar (in Spanish) here

If you want to know more, do not hesitate to contact us