Decree 0240 of 2026 – Tax measures issued within the framework of the State of Emergency

The aforementioned Decree establishes, mainly, the following provisions:

• National consumption tax of 16% for games of luck and chance operated exclusively on the internet.
• Tax relief mechanisms consisting of reduction of penalties and late payment interest, facilities for the correction of formal obligations, and contentious-administrative conciliation in tax, customs, and exchange matters.
• Creation of the complementary normalization tax for the taxable year 2026.
• Modifications to the wealth tax for companies, facto companies, and permanent establishments (including branches).  

 Specifically, the following modifications are made:

• National tax on the consumption of games of luck and chance operated exclusively on the Internet: By 2026, a national consumption tax is created with a rate of 16% applicable to games of luck and chance operated exclusively on the internet. The generating event is the deposit in money made by each betting user to the authorized operator, understood as cash payments, money, or cryptoasset transfers made in the national territory or from abroad. The taxable base corresponds to the gross gaming revenue (GGR), defined as the total of bets minus the prizes paid in the respective period. Operators authorized by the competent authority will be responsible for the tax.
• Temporary reduction of penalties and default interest for those subject to tax, customs, and exchange obligations: Those taxpayers who, as of December 31, 2025, are in arrears with their tax, customs, and exchange obligations may settle 15% of the penalties and the update of penalties as long as they pay 100% of the unfulfilled tax, tribute, tariff, or main obligation, together with the default interest paid at the reduced rate of 4,5% and the reduced penalty, with a deadline until April 30, 2026.
• Temporary reduction of penalties and default interest for omission or correction of tax, customs, exchange declarations, and formal obligations: Taxpayers who regularize their situation before April 30, 2026 will be able to access sanctioning benefits in different cases:

1.  In the event of the omission in the filing of tax, customs, or exchange returns corresponding to periods due until November 30, 2025, a reduction of the penalty for late payment to 15% will be granted, provided that the respective return is filed and the taxes or withholdings payable are settled and paid together with the reduced penalty, without the payment of interest on arrears being required.

2.  With respect to the correction of tax, customs, and foreign exchange returns filed until April 30, 2026, the penalty for correction or inaccuracy must also be reduced to 15%, under the same requirements for filing, settlement, and payment of the tax and the reduced penalty.

3.  When the submission of formal obligations by November 30, 2025 has been breached, including the duties associated with the transfer pricing regime, the penalty reduction to 15% may be accessed if the obligation is fulfilled no later than April 30, 2026.

4. For those tax, customs, and exchange obligations that are under discussion before the tax administration, regarding which the resolution resolving the appeal for reconsideration has not been notified, said benefit may be accessed as long as the DIAN is informed in writing before April 30, 2026, with the acceptance of the facts and the proposed values.

• Transitory application for non-compliance with formal obligations: Taxpayers who, before the entry into force of the Decree, have failed to comply with tax, customs, or exchange obligations may correct them until April 30, 2026 by paying a penalty equivalent to 3% of the gross income declared in the income tax return for the taxable year 2024. For those taxpayers not obliged to declare income, the correction will proceed with the payment of 2% of the gross equity or total assets as of December 31, 2025, provided that such payment is made no later than April 30, 2026.

It is specified that the penalty may not exceed 1,500 UVT (COP $78,561,000 for the year 2026) or be less than the minimum penalty in force, that this measure is not applicable to the breach of the duty to declare or to the obligations related to the transfer pricing regime, and that the correction will only produce effects to the extent that the corresponding formal obligation is effectively complied with.

Contentious-administrative conciliation in tax, customs, and exchange matters

• Complementary tax for tax normalization: For the taxable year 2026, a complementary tax of tax normalization is created to be paid by taxpayers of income tax or substitute regimes who have omitted or undervalued assets, or non-existent liabilities as of April 1, 2026. The taxable base will be the tax cost of the omitted assets or the commercial self-appraisal with technical support, and for non-existent liabilities the tax value or the one reported in the last return. The applicable rate will be 19%. The normalization will not generate taxable net income, tax penalties, or penal effects, without prejudice to actions derived from the illicit origin of the resources.
• Modifications to the wealth tax: Adjustments are introduced to the wealth tax created by Legislative Decree 173 of 2026, extending its scope to permanent establishments and branches of foreign entities. For these subjects, the tax is caused by the possession of a liquid asset equal to or greater than 200,000 UVT (10,474,800,000 for the year 2026) as of March 31, 2026, calculated in accordance with the rules of Article 20-2 of the Tax Code. This imposes the obligation to declare and pay the first installment of 50% of the tax on April 30, 2026, and to pay the second installment of the remaining 50% on June 1, 2026.

The scope and complexity of Decree 0240 of 2026 require each taxpayer to analyze their tax situation. At Forvis Mazars in Colombia, we offer specialized advisory services to assess the impact of these tax measures.