Context of the draft
The draft decree is issued (according to its heading) under Article 215 of the Constitution and Law 137 of 1994, as a package of tax measures to finance expenses of the General Budget of the Nation associated with a state of economic emergency decreed in 2025. The text leaves “pending” the block of recitals by the Ministry of Finance, which anticipates that the justification (connection, necessity and proportionality) will be a key point of follow-up in the final version.
Wealth tax 2026
It is proposed to extend the wealth tax to legal entities and partnerships for the taxable year 2026, incorporating them as a new group of taxpayers (addition of a numeral to article 292-3 of the Tax Statute). For 2026, the taxable event is fixed in the possession of equity as of January 1, 2026, provided that the value is equal to or greater than 40,000 UVT, and the concept of “equity” is assimilated to liquid equity (gross equity minus debts in force as of that date).
Regarding rates, a transitory paragraph is incorporated for 2026 with a progressive table for “traditional” taxpayers (numbers 1 to 5 of article 292-3), with ranges and marginal rates that reach up to 5% for very high bases; and a differentiated table (simpler) for the new number of legal entities, with 0% up to 40,000 UVT, 0.5% between 40,000 and 70,000 UVT and 1% from 70,000 UVT onwards.
In the taxable base, for 2026, the rules for tax purification are reiterated (gross equity as of January 1, 2026 minus debts) and relevant exclusions are listed. Among them: for individuals, a portion of the house or apartment (up to 12.000 UVT); exclusion of the net equity value of shares, quotas or parts in national companies (direct or through vehicles such as trusts, collective investment funds or insurance, with proportionality rules); and specific exclusions for certain assets of public companies (for example, mass transportation, land banks for priority housing and environmental assets of aqueduct or sewerage), technical reserves (Fogafín and Fogacoop) and certain components for foreign financial entities, among others. Certification rules are included for trustees, administrators and insurance companies, and a particular treatment for permanent establishments or branches that require a study under the principle of full competence for the attribution of assets.
VAT on games of luck and chance operated exclusively through the internet
The draft imposes VAT on games of chance operated exclusively through the Internet, even when the operator is abroad. The proposed generating fact is not the “bet” but the deposit in money (including transfers and crypto-assets) that the user makes to the operator to credit his account and obtain the right to bet; the base is calculated by dividing the value of the deposit by 1.19 and the rate is the general VAT rate. As a practical effect, the value available for betting would be the deposit minus the VAT incurred.
The treatment of foreign operators is assimilated to that of service providers from abroad (with references to applicable liability rules) and a causation criterion associated to the user or recipient having tax residence, domicile, permanent establishment or headquarters of economic activity in Colombia is established. The resources collected are exclusively destined to meet the expenses related to the emergency.
GMF 2026
For the taxable year 2026 the rate of the tax on financial movements is increased to five per thousand (5×1000).
Excise tax on liquor, wine, aperitifs and similar products
The excise tax for 2026 is adjusted, indicating as a generating event the consumption in the jurisdiction of the departments of beverages with alcohol content higher than 1 alcoholic degree. For 2026 rates, a specific component of $750 for each alcoholic degree per unit of 750 cm³ (or equivalent) and an ad valorem component of 30% is proposed.
Excise tax on cigarettes, manufactured tobacco and new products
For 2026, the generating event is defined as the departmental consumption of cigarettes and manufactured tobacco, expressly excluding the “chicote” of artisanal production. The concept of manufactured tobacco is expanded to include heated tobacco products, and several nicotine-associated devices and products (including SEAN and SSSN) are incorporated as derivatives, substitutes or imitators, with a broad definition that includes products inhaled through aerosols and electronic devices.
In taxpayers and responsible parties 2026, liability is assigned to producers and importers and solidarity to distributors; in addition, transporters and retailers are directly liable when they cannot justify the origin of the products. The taxable base combines a specific and an ad valorem component: for cigarettes and manufactured tobacco, specific per pack of 20 (or proportional) and per gram in minced, snuff or chimu, plus ad valorem on the retail price certified by DANE (without VAT or excise tax); for derivatives, substitutes or imitators, specific per milliliter and ad valorem on the certified price. DANE is empowered to manage the determination and certification of prices and penalties are provided for failure to comply with or hinder information requirements.
In tariffs 2026, for cigarettes, tobaccos, cigars, cigarillos and heated tobacco, a specific rate of $11,200 per pack of 20 (or proportional) and $891 per gram for picadura, snuff or chimu is proposed, plus an ad valorem of 10% (with particular rules for liquidation in picadura, snuff or chimu). For derivatives, substitutes or imitators, a specific rate of $2,000 per milliliter and an ad valorem of 30% is fixed.
Special tax for fiscal stability (hydrocarbons and coal)
A temporary tax is created for the extraction of hydrocarbons and coal, payable at the time of the first sale or export, for specific tariff items: 27.01 (pulses and similar solid fuels) and 27.09 (crude petroleum oils). The taxable base is the value of the sale in domestic operations, or the FOB value in pesos for exports (with TRM of the day of presentation and acceptance of the request for authorization of shipment if the FOB is in USD). If the person who extracts also exports directly, it is caused only once applying the export base. The proposed rate is 1% for both items.
As a rule of subjection, it is limited to those who export and/or sell those goods and who, in the previous year, have obtained ordinary net income equal to or greater than 50,000 UVT, considering aggregate income of economic related parties (reference to article 260-1 of the Tax Statute). The payment is structured as follows: in exports, by means of a receipt or means defined by the DIAN as support when submitting the request for shipment; and in domestic sales, within the first five working days of each month consolidating operations of the previous month. The handling of provisional data (missing payment or refund for overpayment) is regulated and it is indicated that the measure applies to applications filed and accepted as from the fifth business day following publication.
The draft includes a chapter on penalties and operations: in exports, it refers to the customs regime for penalties for failure to present the support or incomplete payment; and in domestic sales, it provides for penalties for failure to present and pay the receipt (with reference to a penalty of 20% of the unpaid value), in addition to rules on untimeliness and correction, with the possibility of reducing penalties if they are voluntarily corrected before the issuance of a statement of objections.
Validity and earmarking of resources
It is reiterated that the resources obtained with the measures will be used exclusively to cover the expenses of the General Budget of the Nation necessary to remedy the causes of the emergency and prevent the extension of its effects. It is effective from the date of publication in the Official Gazette.
Points of attention for taxpayers
This is an “emergency” draft, so the most sensitive legal front is usually the motivation: since the recitals are pending, it is worth reviewing in the final version (i) the material connection of each tax with the emergency, (ii) the necessity and proportionality, and (iii) the time and destination limits, because this is where the constitutional control is usually concentrated.
Operationally, the most immediate impacts, due to their massive coverage or their collection mechanics, would be: VAT on deposits in internet gaming platforms, the GMF at 5×1000 in 2026 and the redesign of the excise tax on cigarettes and vaping due to its information component and DANE certification, and due to the chain responsibilities.
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The information contained in this bulletin is strictly informative. Therefore, in order to make any particular decisions on the topics discussed, you should seek the assistance of an expert advisor on the relevant subject. .
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