Decree 1496 of 2024

The initial list established by Decree 1966 of 2014 had 37 countries, and with this decree that number was reduced, leaving only 25, the following jurisdictions were eliminated: 

• Antigua and Barbuda
• State of Brunei Darussalam
• Grenada
• Hong Kong
• Cook Islands
• Commonwealth of Dominica
• Republic of Mauritius
• Republic of Seychelles
• Saint Kitts & Nevis
• Saint Kitts & Nevis
• Saint Vincent and the Grenadines
• Saint Lucia

Therefore, these territories will no longer be considered as tax havens, in line with the different advances in international cooperation.

Criteria to determine non-cooperative, low or no tax jurisdictions:

Let us recall with respect to these jurisdictions Article 260-7 of the ET indicates the criteria that the National Government must consider classifying countries or jurisdictions that are non-cooperative, low or no taxation:

• Nonexistence of tax rates: or existence of low nominal rates on income.
• Effective exchange of information: lack of effective exchange of tax information or presence of regulations restricting such exchange.
• Transparency: lack of transparency at the legal, regulatory or administrative level.
• Presence of physical locality: Lack of local physical presence requirements or actual business activities.

International standards:

In addition to the standards mentioned above, international standards are taken into consideration to determine non-cooperative jurisdictions.

Annual Review:

The National Government must conduct an annual review of the list of non-cooperative or low or no tax jurisdictions; this review is conducted with the assistance of the Special Administrative Division (DIAN), which reports on the status of tax information exchange and international agreement negotiations.

Impact on taxpayers:

Operations carried out by income taxpayers with individuals, entities, companies located in these jurisdictions must be subject to the transfer pricing regime and comply with the obligation to submit supporting documentation and informative declaration; in the event of related companies located in such jurisdictions previously listed, the activities that generated the payments must be documented and detailed.

Application: 

The new listing became effective as of January 1, 2025.