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On 30 October 2024, the National Tax and Customs Authority (DIAN) issued Resolution 188 of 2024, establishing a new obligation to report information regarding the sale of shares, quotas, equity interests, or contributions, whether for valuable consideration or free of charge. This obligation applies to sales made from the 2025 taxable year onwards with specific terms to be determined for the 2026 calendar year.
Primarily, the reporting obligation falls on legal entities that are not listed on the stock exchange. Shareholders, partners, and similar, must provide certain data to the legal entity before the last business day of February of the year following the sale of their equity participation, including the total value of the sale and the tax cost of the transferred participation, among others.
Failure to provide the information required by Resolution 188 of 2024 to the legal entity within the deadline, means that the reporting obligation will be transferred directly to the partners or shareholders, and similar (even if they are non-residents), in which case they must be registered in the Single Tax Registry.
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