Get ready for December! Obligations and key dates for Transfer Pricing in Colombia

In the complex Colombian business and tax world, Transfer Pricing plays a crucial role. Multinational companies engaging in transactions with each other must comply with this regime to ensure fair taxation. Here, at BéndiksenLaw, we break down the obligations and deadlines you need to keep in mind for the upcoming December 2023.

Transfer Pricing focuses on assigning values to transactions between related companies in different jurisdictions. In Colombia, these obligations apply to companies conducting operations with affiliated entities abroad, in free trade zones, or in low-tax jurisdictions.

Formal obligations: What should you do?

  1. Informative Return: Companies with assets exceeding 100,000 tax units (UVT) or annual income surpassing 61,000 UVT must file it.
  2. Local Report: If transactions with economic affiliates exceed 45,000 UVT or involve entities in low or no-tax jurisdictions, filing this report is required.
  3. Master Report: For taxpayers consolidating financial statements in multinational groups.
  4. Country-by-Country Report: Applicable to the parent company or corporate office of the multinational group, filing is necessary for those meeting certain conditions.

December deadlines: Act in advance

From December 11 to 22, based on the last digit of the Tax ID number (NIT), companies must submit master and country-by-country reports to the tax administration (DIAN), for fiscal year 2022. Ignoring these dates can result in penalties and legal issues.

Claudia González Béndiksen, partner at BéndiksenLaw, emphasizes, “Complying with these obligations is essential to ensure fair taxation and avoid penalties. Companies must stay informed about the requirements to contribute to a transparent and fair business environment in Colombia.”

Master Report – Fiscal Year 2022

Country-by-Country Report – Fiscal Year 2022

Act now! Ensure you meet these deadlines to maintain transparency and fairness in your business transactions.

Need guidance? Contact BéndiksenLaw today.

Sebastián Béndiksen’s Talk with the Media on International Arbitration in Colombia

After discussing the topic of international arbitration in Colombia, our managing partner and BéndiksenLaw have received notable mentions in various media outlets, including Diario La Economía, Valor Y Dinero, Economía en Serio, Revista Alternativa, Marcas y Estrategias and many others.

Don’t miss the opportunity to learn more about this relevant interview.

See the news (in Spanish) here:

Valor y Dinero: https://valorydinero.com/2023/10/06/el-arbitraje-internacional-en-colombia-y-el-caribe-fomenta-la-inversion-extranjera/

Diario La Economía: https://diariolaeconomia.com/economia-al-derecho/item/8190-arbitraje-clave-en-seguridad-de-inversionistas-por-controversia.html

Economía en Serio: https://economiaconedmer.com/economiaenserio/10/11/arbitraje-internacional-en-colombia-le-abre-paso-a-la-seguridad-juridica/destacados/2023/

Revista Alternativa: https://www.revistalternativa.com/noticias-economia/procedimientos-y-requisitos-del-arbitraje-internacional-en-colombia-42105

Marcas y Estrategias: https://marcasyestrategias.com/2023/10/20/procedimientos-y-requisitos-del-arbitraje-internacional-en-colombia-2/

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

Promoting Future Lawyers: BéndiksenLaw in the Business Trial Competition

In the business sphere, the law establishes the bases that guide the operation and management of companies. Without a firm understanding of the legal framework, they could face challenges that hinder their trajectory to success. For this reason, events such as the Student Business Trial Contest, organized by the Bogotá Chamber of Commerce, are crucial as they provide a platform where the next generation of legal and business professionals can interact, learn and grow.

This year, we are honored to announce that BéndiksenLaw’s Managing Partner, Sebastián Béndiksen, will participate as a judge in the competition that will take place on Friday, October 27. With a distinguished track record in the corporate legal field, Sebastián Béndiksen represents BéndiksenLaw’s dedication, experience and commitment to excellence and continuing education. The participation of our managing partner as a judge underlines the importance that BéndiksenLaw places on the connection between academia and professional practice. This competition is an opportunity for students to experience the practical application of legal concepts in a business setting, while receiving valuable feedback from experts in the industry.

At BéndiksenLaw, we are proud to be part of initiatives that nurture knowledge and collaboration between the legal and business sectors. Our firm is committed to providing exceptional legal solutions that meet the unique needs of each client in today’s dynamic business environment. We invite you to learn more about how BéndiksenLaw can assist you with your legal needs and how our experience and collaborative approach can provide the legal support your firm needs to thrive.

Contact us today.

Weaving Global Networks: BéndiksenLaw at the 2023 International Business Meeting

The business world is a dynamic and constantly evolving field, where interaction between different actors is crucial for development and expansion. Along these lines, the 2023 International Business Meeting, organized by the Colombian-American Chamber of Commerce, stands as a privileged platform for meeting and collaboration between national and international companies. BéndiksenLaw, as an active member of this Chamber, participated in the event, represented by our managing partner, Sebastián Béndiksen.

AmCham Colombia, responsible for the event, has as its mission to promote trade relations between Colombia and the United States, and the 2023 International Business Meeting was a palpable manifestation of this objective. With the participation of more than 100 goods and services companies from more than 10 countries, the event offered a place for the formation of alliances, the discovery of new market trends, the strengthening of brand positioning, and the increase of knowledge in good business practices at national and international levels.

Sebastián Béndiksen’s participation not only represented BéndiksenLaw, but also marked the third time that our firm has been part of these significant encounters. These events reiterate our position and active commitment in international trade, highlighting the continuity and consistency in our contribution to strengthening trade relations between Colombia and the United States.

We invite you to explore more about how BéndiksenLaw can assist in navigating the complex legal landscape that accompanies international business relationships. Our firm is committed to providing exceptional legal counsel that enables businesses to operate with confidence on the global stage.

Contact us and find out how we can be the legal partner your company needs to thrive in the international arena.

Transparency and Ethics: The New Obligations for Foreign Non-Profit Entities in Colombia.

In an era where transparency and ethics in business take center stage on the global scene, Colombia is not far behind. On October 4, 2023, the Superintendence of Companies issued External Document 100-000004, establishing new obligations for Foreign Non-Profit Entities (ESAL in Spanish) that have permanent businesses in the country.

1. What is SAGRILAFT? The SAGRILAFT, or Self-Control and Comprehensive Risk Management System for Money Laundering and Terrorist Financing, is a set of policies, procedures, tools and actions that seek to identify, measure, control and monitor the risk of the entity being used as a vehicle for money laundering or terrorist financing. This system seeks to strengthen internal controls and establish mechanisms that allow for comprehensive risk management.

2. Transparency and Business Ethics Program (PTEE) The PTEE is a program that aims to promote an organizational culture based on transparency, integrity, and business ethics. This program seeks to ensure that foreign ESALs are governed by clean business practices, reducing the possibility of corrupt acts or acts that compromise the integrity of the entity.

3. Deadline for implementation Foreign ESALs with permanent businesses in Colombia that are already under the supervision of the Superintendence of Companies have a deadline of August 31st, 2024 to implement both SAGRILAFT and PTEE.

Why is it important for ESALs to meet these obligations? These regulations not only seek to protect the Colombian economy and the integrity of the financial system, but also to strengthen the trust and reputation of entities in the market. Proper implementation of these measures can generate added value in terms of trust and reputation.

If you are part of a Foreign Non-Profit Entity and are looking for guidance on how to adapt to these new regulations, do not hesitate to contact BéndiksenLaw. Our dedicated team is ready to advise you every step of the way and ensure that your entity complies with all applicable regulations. Contact us today!

Legal Triumph: Multinational Client Obtains Authorization before INVIMA with BéndiksenLaw

BéndiksenLaw has obtained an authorization for label depletion in the food sector, past the legal term, for a multinational client. This success was achieved through an innovative argument before the Food and Drug Authority of Colombia (INVIMA) based on the application of the law by analogy, and was led by our managing partner and attorney, Sebastián Béndiksen.

This achievement highlights BéndiksenLaw’s commitment to legal excellence and client satisfaction. BéndiksenLaw goes beyond the mere grammatical interpretation of the text of a legal norm; we are an active actor in the creation and evolution of law. Our commitment to legal excellence drives us to exhaustively analyze and understand the entire legal system, seeking to identify gaps and ambiguities in the legal system, thus contributing to its development and improvement.

We extend our sincere gratitude to our client for their trust in our professional services and for allowing us to be a fundamental part of this important milestone in their business. This achievement exemplifies our continued dedication to provide effective and strategic legal solutions to our clients in an ever-changing business world. We are proud of this achievement and excited for what the future holds in our collaboration.

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.