Transfer Pricing Case: Colombia vs. Industria Nacional de Gaseosas S.A. (INDEGA)
In-depth analysis of the landmark transfer pricing case between Colombia and INDEGA, its implications for multinationals, and how…
Read more →Transfer pricing in Colombia, explained by practitioners: how DIAN applies articles 260-1 to 260-11 of the Estatuto Tributario — methods, UVT thresholds, the September filing window, penalty scales and dispute routes — current to August 2026.
DIAN administers the regime, publishes the forms and prevalidators, issues doctrine (conceptos/oficios) through its Subdirección de Normativa y Doctrina, and runs APAs and MAP through the Oficina de Tributación Internacional. Legal database: normograma.dian.gov.co; transfer pricing mailbox preciostransferencia@dian.gov.co.
DIAN official site and Compilación JurídicaThe architecture came from Ley 1607 de 2012 and Ley 1819 de 2016 (art. 108 rewrote art. 260-5 for BEPS Action 13). The regulation was substituted wholesale by Decreto 2120 de 2017; deadlines were reset by Decreto 2229 de 2023. Ley 2277 de 2022 did not amend arts. 260-1 to 260-11.
ET Capítulo XI; Decreto 2120 de 2017; Decreto 2229 de 2023Related-party dealings must reflect the conditions used in comparable transactions with or between independent parties. A closing paragraph confines the effects of any transfer pricing determination to income tax and its complementary taxes — the basis on which DIAN Concepto 6610 de 2026 refused to flow adjustments through to deductible VAT.
ET art. 260-2; DIAN Concepto 6610 de 2026Purely domestic related-party dealings outside a free trade zone are outside the regime. Colombia is unusual in applying full transfer pricing discipline to transactions with related parties inside its own free trade zones.
ET arts. 260-1 and 260-2; Decreto 1625 art. 1.2.2.1.2Subordination and control (generally more than 50% of capital or votes, dominant influence, or a right to 50% of profits), branches, agencies, permanent establishments, and a set of economic-linkage tests that numeral 5 now sets out in its own terms — there is no cross-reference to arts. 450 and 452 ET. The list is closed on the statutory wording itself: relatedness exists where a taxpayer falls within one or more of the enumerated cases.
ET art. 260-1Parágrafo 2 requires anyone transacting with persons in non-cooperative, low or no tax jurisdictions or preferential regimes to apply the rules and file both the documentation and the informative return, related or not, independently of the art. 260-5 and 260-9 thresholds. Parágrafo 3 is narrower: the rule denying the deduction unless the recipient's functions, assets, risks and costs are documented bites only where the recipient is a related party under art. 260-1.
ET art. 260-7 parágrafos 2 y 3Corte Constitucional ruling C-690 of 12 August 2003 held the Guidelines should be taken into account in a subject this technical. The Consejo de Estado treats them as a flexible reference framework that cannot displace the Estatuto Tributario or the regulation. Colombia has been an OECD member since 2020.
Corte Constitucional C-690 de 2003; DIAN Concepto 1212 (010813) de 2024CUP, resale price, cost plus, TNMM and profit split, chosen on four criteria: functional analysis, availability of reliable independent-party data, degree of comparability, and reliability of adjustments. Paragraph 1 requires unquoted shares and other hard-to-compare assets to be valued on accepted financial techniques (notably discounted projected income) and expressly rejects book value.
ET art. 260-3Inserted by Ley 1819 de 2016 to implement BEPS Action 10. Prices come from recognised exchanges or transparent price-reporting agencies; the agreed pricing date must be evidenced by contracts, offers and acceptances matching actual conduct, failing which DIAN may fix it from the bill of lading. Another method requires documented economic, financial and technical justification.
ET art. 260-3 numeral 1A range may be built where two or more equally comparable transactions exist. The statistical mechanics — ordering observations, median at (n+1)/2, lower quartile at (median+1)/2 — are set out in art. 1.2.2.2.4.5 of Decreto 1625 de 2016.
ET art. 260-3; Decreto 1625 art. 1.2.2.2.4.5The tested party must be the least complex participant; a foreign tested party is permitted but must be justified in enough detail for DIAN to verify. Same-year data is the rule, prior-year data only on justified functional change. Every search must disclose sources, consultation dates and rejected comparables with reasons. The thin Colombian listed universe pushes practice towards regional Latin American sets.
Decreto 1625 art. 1.2.2.2.1.5 (Decreto 2120 de 2017)Intangibles fall under the general rules in arts. 260-1 to 260-11, with no hard-to-value intangibles regime. The regulation nonetheless carries a BEPS Action 8 definition and requires contractual terms, location, actual conduct, group DEMPE strategy and transfer consideration to be documented. Art. 120 ET denies deductions for royalties to related parties abroad or in free trade zones for intangibles formed in Colombia.
ET arts. 120 and 260-1 to 260-11; Decreto 1625 art. 1.2.2.2.1.5The taxpayer must prove the service was rendered and priced at arm's length before deducting it. DIAN Concepto 007591 int 883 de 2025 mandates no particular method or profitability indicator; it treats the provider's effort and administrative expenses not as a parameter or index but as part of the functional analysis, to be evidenced principally through the provider's financial statements and reasonable cost-allocation criteria, with segmented financials supported where used. CCAs are allowed but Colombia does not claim Chapter VIII alignment.
ET art. 260-3 parágrafo 2; Decreto 1625 arts. 1.2.2.2.4.2-1.2.2.2.4.3; DIAN Concepto 007591 int 883 de 2025Art. 260-4(1)(a) tests financing on principal, term, credit rating, guarantee, solvency and rate; interest failing those elements is non-deductible and the arrangement is treated as a capital contribution paying dividends. Separately, art. 118-1 limits deductible related-party interest to debt averaging no more than twice prior-year net equity.
ET arts. 260-4 and 118-1; Decreto 1625 art. 1.2.2.1.3On the 2025 UVT of COP 49,799 (Resolución DIAN 000193 de 2024) that is roughly COP 4.98bn and COP 3.04bn; the 2026 UVT is COP 52,374. The same two tests trigger both the documentation and the informative return. Treat any EUR/USD conversions in the OECD profile as indicative only — the UVT resets annually.
ET arts. 260-5 and 260-9; Resolución DIAN 000193 de 2024Above the entity-level gate, a Local File is prepared only for each type of transaction exceeding the annual cumulative threshold. Financing is measured on principal, excluding interest.
Decreto 1625 art. 1.2.2.1.2 (Decreto 2120 de 2017)Executive summary, functional analysis, industry analysis and economic analysis by transaction type, with full comparables disclosure. Supporting material may be in another language but an official translation must be produced within 20 business days of a DIAN request. Documentation must be kept five years from 1 January of the following year, or until the return becomes final.
ET art. 260-5; Decreto 1625 arts. 1.2.2.2.1.2 and 1.2.2.2.1.5Required from taxpayers meeting the Local File thresholds that belong to a multinational group. Content follows Annex I to Chapter V: group structure, business and supply chain description, intangibles and financing strategy, consolidated accounts and pricing policies. In practice DIAN accepts English, though only the Local File is expressly required in castellano.
Decreto 1625 arts. 1.2.2.2.2.1 onwards (Decreto 2120 de 2017)Colombian ultimate parents; Colombian entities designated as surrogate filers; and one or more Colombian entities together holding at least 20% of consolidated income where the foreign parent has not filed a report accessible to Colombia. Notification runs through boxes 37 to 44 of Form 120, or by email for entities not filing Form 120. DIAN may not base an adjustment on the CbC report.
ET art. 260-5; Decreto 1625 arts. 1.2.2.2.3.4 and 1.2.2.2.3.6The informative return, Local File and Master File all fall due on the seventh to sixteenth business day of September, keyed to the last digit of the NIT (digit 1 first, digit 0 last). The CbC deadline is fixed and does not vary by NIT.
Decreto 1625 arts. 1.6.1.13.2.28 and 1.6.1.13.2.29 (Decreto 2229 de 2023)Generate the XML in the prevalidator, upload via 'Presentación de información por envío de archivos', wait for status 'Exitosa', then sign Form 120 with the Instrumento de Firma Electrónica. File through the legal representative, not the statutory auditor, and make sure 'Año informado' reads 2025 — entering 2026 makes the system treat it as a part-year liquidation return.
Resolución DIAN 1210 de 2022; DIAN press release AG-2025Year-end adjustments are permitted but not required. Once made they run through the income tax return and its tax-reconciliation annex Formato 2516 — currently Versión 5 under Anexo T4.5 of Resolución DIAN 000227 de 2025 — and are reported transaction by transaction in Formato 1125 v13 under 'Monto ajustado en renta'. Good practice is to reconcile the adjustment in the Local File by ledger account, accounting balance, adjustment amount and tax value.
OECD Transfer Pricing Country Profile — Colombia; Resolución DIAN 1210 de 2022 art. 3 (now Resolución DIAN 000227 de 2025 arts. 1.6.4.3 and Anexo T4.5)Art. 260-11(A): late filing 0.05% within five business days (cap 417 UVT), then 0.2% per month (cap 1,667 UVT monthly, 20,000 UVT overall); inconsistencies 1% (cap 5,000 UVT); omissions 2% (cap 5,000 UVT) plus disallowance of the related costs and deductions; 4% (cap 10,000 UVT) for tax-haven omissions; non-filing 4% plus disallowance.
ET art. 260-11 literal AArt. 260-11(B): late filing 0.02% within five business days (cap 313 UVT), then 0.1% per month (cap 1,250 UVT monthly, 15,000 UVT overall); inconsistencies 0.6% (cap 2,280 UVT); omitted transactions 1.3% (cap 3,000 UVT), 2.6% and 6,000 UVT for tax havens; non-filing 4% after a one-month emplazamiento.
ET art. 260-11 literal BHolding documentation does not shield an adjustment penalty. Relief comes from art. 260-11 itself and the graduated regime of art. 640 ET. DIAN Concepto 4026 de 2026 confirms Local File and Master File are independent obligations with separate penalty analysis, and that filing a Master File before enforcement converts non-filing into late filing.
ET arts. 260-11 and 640; DIAN Concepto 4026 de 2026The inaccuracy penalty rises to 160% for art. 647 numeral 5 conduct or where the art. 869 abuse rule is engaged, and 200% for omitted assets or non-existent liabilities; it is independent of the art. 260-11 penalties. Art. 714 ET still prints a six-year firmeza for taxpayers inside the regime, but art. 117 of Ley 2010 de 2019 fixes the term at five years — five against the ordinary three. In C-384 de 2022 (3 November 2022) the Corte Constitucional declared itself inhibida over both provisions for ineptitud sustantiva de la demanda.
ET arts. 648 and 714; Ley 2010 de 2019 art. 117; Corte Constitucional C-384 de 2022DIAN has built capability with CIAT, SECO and AEAT and leans on analytics and exchange of information. Consejo de Estado exp. 28256 (Puerto Arturo, 3 April 2025) rejected a CUP built on expert appraisals rather than real transactions; the 30 August 2024 Banacol judgment held that functionally interdependent activities must be tested jointly rather than segmented. Focus areas: services evidence, segmentation, comparables quality and free trade zones.
DIAN press releases; Consejo de Estado, Sección Cuarta (via Deloitte Colombia)Art. 260-10 ET; administered by DIAN's Oficina de Tributación Internacional, with guidance published in English and Spanish. Coverage runs from the year of signature, one prior year as rollback and three following years.
ET art. 260-10; Decreto 1625 arts. 1.2.2.4.1 to 1.2.2.4.10Art. 260-10 confines both terms to unilateral applications; for bilateral and multilateral APAs the timetable is whatever the competent authorities of the states involved determine jointly. Missing the two-year term is permissive — the proposal may be understood as rejected. An annual compliance report is required. Where DIAN reports a significant variation in critical assumptions the taxpayer has one month to seek modification and DIAN two months to decide, failing which DIAN cancels; cancellation or revocation attracts a recurso de reposición within 15 days, resolved within two months. No statutory user fee is imposed. Bilateral practice is opening up: the Colombian and Swiss competent authorities met on 16 October 2025 on bilateral APAs and MAP cases.
ET art. 260-10 (as substituted by Ley 1819 de 2016 art. 112); DIAN press release of 16 October 2025DIAN is competent authority. Access requires withdrawal of domestic administrative or judicial remedies over the adjustments referred, after which coercive collection is suspended until the outcome. A concluded agreement cannot be appealed and is implementable notwithstanding the firmeza period. Governance sits in Resolución 000085 de 21 August 2020 (replacing Resolución 000053 de 2019).
ET art. 869-3; Resolución DIAN 000085 de 2020Where the requerimiento especial has been properly answered the taxpayer may bypass the administrative appeal and go directly to the Tribunal Administrativo and then the Consejo de Estado, Sección Cuarta. There are no advance rulings, cooperative compliance programme or ICAP participation.
ET art. 720; OECD Transfer Pricing Country Profile — ColombiaRelief for a foreign-initiated adjustment is treaty relief or nothing. DIAN Concepto 016119 de 2025 also caps downward adjustments: where an adjustment reduces costs or deductions, the maximum reduction is the amount of the corresponding outbound transactions, without prorating across independent-party transactions used to build the profitability indicator.
OECD Transfer Pricing Country Profile — Colombia; DIAN Concepto 016119 de 2025Concepto 1212 (010813) de 2024 on the arm's length principle and comparability; Concepto 007591 int 883 de 2025 on evidencing the provider's effort as part of the functional analysis in cost-based service pricing; Concepto 016119 de 2025 on third-party transactions in the margin and adjustment caps; Concepto 4026 de 2026 on separate Local File and Master File penalties; Concepto 6610 de 2026 on VAT.
DIAN Compilación JurídicaColombia instead operates a domestic minimum, the tasa de tributación depurada in parágrafo 6 of art. 240 ET (Ley 2277 de 2022): depurated tax over depurated profit must reach 15%, with a top-up where it does not. It applies regardless of the EUR 750m threshold, does not reach foreign entities, and is not recognised as a Qualified Domestic Minimum Top-up Tax.
Ley 2277 de 2022 art. 10 (parágrafo 6 of ET art. 240)The covered-jurisdiction definition reaches low- and middle-income Inclusive Framework jurisdictions by World Bank classification, excluding EU, OECD and G20 members; Colombia has been an OECD member since April 2020. As an Inclusive Framework member it shares the commitment to respect the outcome where a covered jurisdiction applies the approach — its May 2025 OECD profile answers 'Yes' at question 37. The live gap is domestic: question 34 records the simplified and streamlined approach as merely under consideration, and no instrument has followed. Distributors are tested under art. 260-3.
OECD Transfer Pricing Country Profile — Colombia (May 2025), questions 34 and 37Decreto Legislativo 1474 de 2025 never amended the transfer pricing articles and was stripped of effect by Auto 084 de 2026 after the underlying emergency was suspended; reports that it changed 2026 transfer pricing thresholds are incorrect. The 2025 financing bill was archived in December 2025; a new reform bill filed on 20 July 2026 is not confirmed to touch arts. 260-1 to 260-11.
Corte Constitucional Auto 084 de 2026; Proyecto de Ley 004 de 2026Colombia's transfer pricing rules sit in Chapter XI of Title I, Book One of the Estatuto Tributario, articles 260-1 to 260-11. The architecture came from Ley 1607 de 2012 and was reshaped by Ley 1819 de 2016, whose article 108 rewrote article 260-5 to import the BEPS Action 13 three-tier documentation model; Ley 2277 de 2022 left the transfer pricing articles alone. Operative detail lives in Decreto 1625 de 2016, its transfer pricing chapter substituted wholesale by Decreto 2120 de 2017 and the filing calendar reset by Decreto 2229 de 2023.
Article 260-2 states the arm's length principle in familiar terms, and closes with a paragraph worth remembering in any dispute: the effects of a determination are confined to income tax and its complementary taxes.
Scope is narrower than newcomers expect. The regime reaches related parties abroad, related parties in Colombian free trade zones, a taxpayer's own foreign permanent establishments and, for foreign entities, their Colombian PEs. Purely domestic related-party dealings outside a free trade zone fall away. Article 260-7 then pulls in anyone transacting with persons in non-cooperative, low or no tax jurisdictions or preferential regimes, related or not: parágrafo 2 requires the rules to be applied and both the documentation and the informative return to be filed regardless of the size thresholds. The deduction rule in parágrafo 3 is narrower than the filing rule — payments are denied unless the recipient's functions, assets, risks and costs are evidenced only where that recipient is a related party under article 260-1.
Relatedness is defined exhaustively in article 260-1: subordination and control cases, branches, agencies and permanent establishments, and economic-linkage tests that numeral 5 sets out in its own terms rather than by cross-reference to articles 450 and 452. The list is closed on its own wording — vinculación exists where the taxpayer falls within one or more of the enumerated cases. The OECD Guidelines are not law: since Corte Constitucional ruling C-690 of 2003 they have been an auxiliary interpretive criterion that cannot displace the statute. Two adjacent provisions complete the picture: article 118-1 caps deductible related-party interest at debt of twice prior-year net equity, and article 20-2 attributes PE profits on the Authorised OECD Approach.
Article 260-3 prescribes the five OECD methods and nothing else, with no hierarchy. Selection turns on a best-method test resting on four statutory criteria: the facts established by a detailed functional analysis, the availability of reliable information on independent transactions, the degree of comparability achieved, and the reliability of the adjustments required. Article 260-4 supplies comparability factors that track Chapter III, weighted by the method chosen.
Two Colombian specifics repay attention. First, the commodity rule inserted by Ley 1819 de 2016 makes CUP the most appropriate method for commodities, priced off recognised exchanges or transparent price-reporting sources and displaceable only in exceptional, justified cases. The pricing date must be evidenced by contracts consistent with actual conduct; where it is not, DIAN may fix it from the transport documents. Second, paragraph 1 of article 260-3 requires unquoted shares and other hard-to-compare assets to be valued using accepted financial techniques, in particular discounted projected income, and expressly rejects book value.
Where two or more equally comparable transactions exist an arm's length range may be built, narrowed by the interquartile range, with a result outside it adjusted to the median. On benchmarking, internal comparables take priority where differences are absent or reliably adjustable. There is no preference between Colombian and foreign comparables, and secret comparables are not permitted — DIAN must work from data the taxpayer can test. The local listed universe is thin, so practice runs on regional Latin American sets. The tested party must be the least complex participant; a foreign tested party is allowed but attracts scrutiny. Same-year data is the rule, prior-year data admissible only on justified functional change.
Two entry gates apply under articles 260-5 and 260-9, both size tests: gross assets of at least 100,000 UVT at year end, or gross income of at least 61,000 UVT. Above the gate, a Local File is required for each type of transaction whose annual accumulated value exceeds 45,000 UVT, falling to 10,000 UVT for dealings with non-cooperative, low or no tax jurisdictions and preferential regimes; financing is measured on principal, excluding interest.
The Informe Local must be in Spanish and must carry an executive summary, functional analysis, industry analysis and an economic analysis by transaction type. The comparables section is where files fail: each comparable identified, the selection methodology explained, sources named with the date consulted, rejected comparables listed with reasons. A Master File is owed by group members meeting the same thresholds. Country-by-country reporting applies at consolidated group revenue of 81,000,000 UVT and captures not only Colombian ultimate parents and designated surrogates but also Colombian entities holding 20 percent or more of consolidated income where the foreign parent has not filed accessibly. DIAN may not build an adjustment on the CbC report itself.
Everything is filed electronically under Resolución DIAN 1210 de 2022: for tax year 2025 the informative return is Form 120 from prevalidator Formato 1125 v13, the Local File is Formato 1729 v8 and the Master File Formato 5231 v2, with CbC notification through boxes 37 to 44 of Form 120. Return and both files are due on the seventh to sixteenth business day of September by NIT last digit — 9 to 22 September 2026 for tax year 2025 — and the CbC report on the tenth business day of December. Year-end adjustments are optional but, once made, run through Form 110 and its tax-reconciliation annex Formato 2516 (Versión 5 for the 2025 year) and are reported transaction by transaction in Formato 1125 under the field 'Monto ajustado en renta'; reconcile them line by line in the Local File.
Article 260-11 runs two parallel scales. On supporting documentation: late filing at 0.05 percent of documented transaction value within five business days, then 0.2 percent per month to a 20,000 UVT ceiling; inconsistencies at 1 percent; omissions at 2 percent plus disallowance of the related costs; and non-filing at 4 percent capped at 25,000 UVT, rising to 6 percent and 30,000 UVT for tax-haven transactions. The informative return scale is lower, with non-filing at 4 percent capped at 20,000 UVT after a one-month emplazamiento.
There is no documentation-based penalty shield. Relief comes from the 50 percent reduction for voluntary correction before notification and from the graduated regime of article 640. DIAN Concepto 4026 de 2026 confirms that Local File and Master File are independent obligations penalised separately, and that filing a Master File before enforcement converts non-filing into late filing. A reassessment separately attracts the article 648 inaccuracy penalty — 100 percent of the shortfall, 160 percent where article 647 numeral 5 conduct or the abuse rule is engaged, 200 percent for omitted assets or non-existent liabilities.
Returns inside the regime stay open longer than ordinary returns: article 714 still prints six years, but article 117 of Ley 2010 de 2019 fixes the operative firmeza at five, against the ordinary three. The inhibited decision C-384 de 2022 left both provisions standing. DIAN has invested in capability, training its international teams with CIAT, SECO and AEAT support, and reported COP 1.3 trillion from inspection actions by August 2025 against a COP 0.9 trillion target. The case law shows where it presses: in Puerto Arturo (exp. 28256, 3 April 2025) the Consejo de Estado held that CUP cannot rest on expert appraisals rather than real transactions; in C.I. Banacol (30 August 2024) it held that functionally interdependent activities must be tested jointly, not segmented.
Article 260-10 supports unilateral, bilateral and multilateral advance pricing agreements, administered by DIAN's Oficina de Tributación Internacional. The covered span is up to five years — the year of signature, one rollback year and three forward years. For unilateral applications DIAN has nine months to accept or reject and two years from acceptance to conclude, failing which the proposal may be understood as rejected; for bilateral and multilateral agreements the timetable is set jointly by the competent authorities involved. The taxpayer files an annual compliance report; where DIAN reports a significant variation in critical assumptions the taxpayer has one month to seek modification and DIAN two months to decide, failing which DIAN cancels, with a 15-day recurso de reposición against cancellation or revocation. Bilateral practice is moving: the Colombian and Swiss competent authorities met on 16 October 2025 on bilateral APAs and MAP cases.
MAP is codified in article 869-3. Requests go to DIAN as competent authority; if access is granted the taxpayer must withdraw domestic remedies over the adjustments referred, and coercive collection is suspended from withdrawal until the outcome. A concluded MAP agreement carries the effect of a final judicial ruling, cannot be appealed, and is implementable notwithstanding the firmeza period.
Domestically, an assessment or penalty resolution is challenged by recurso de reconsideración within two months under article 720, or — where the requerimiento especial was properly answered — taken straight to the contentious-administrative courts within four months. There are no rulings, cooperative compliance programme or ICAP. Colombia imposes no secondary adjustments and offers no unilateral downward corresponding adjustment outside MAP: relief for a foreign-initiated adjustment is treaty relief or nothing.
Colombia has not enacted the GloBE rules: as at August 2026 there is no income inclusion rule, no UTPR and no qualified domestic minimum top-up tax. What exists is a purely domestic minimum, the tasa de tributación depurada in paragraph 6 of article 240, introduced by Ley 2277 de 2022 alongside the 35 percent headline rate — depurated tax over depurated profit must reach 15 percent, with a top-up where it does not. It applies irrespective of the EUR 750m threshold, does not reach foreign entities, and is not a QDMTT — model it as a covered tax input, not a safe harbour.
Amount B is not in force in Colombia. As an OECD member since April 2020 Colombia falls outside the covered-jurisdiction definition, which reaches low- and middle-income Inclusive Framework jurisdictions by World Bank classification. It does share the Inclusive Framework commitment to respect the outcome where a covered jurisdiction applies the approach — its May 2025 OECD country profile answers 'Yes' on that point. The gap is purely domestic: the same profile records the simplified and streamlined approach as under consideration, and no domestic instrument has followed. Colombian distributors are still tested under article 260-3.
Two political events matter. Decreto Legislativo 1474 de 2025, the emergency tax decree, never touched the transfer pricing articles and was stripped of effect after Auto 084 de 2026; claims that it changed 2026 thresholds are wrong. Separately, the 2025 financing bill was archived and Proyecto de Ley 004 de 2026 was filed on 20 July 2026; neither is confirmed to touch articles 260-1 to 260-11.
Build the file for the audit, not the deadline. Three exposures dominate recent doctrine and litigation, all of them evidential rather than conceptual. Intragroup services come first: Concepto 007591 int 883 de 2025 mandates no particular method or margin, but it puts the provider's effort and administrative expenses squarely inside the functional analysis, to be evidenced through the provider's own financial statements and a reasonable, supported cost-allocation criterion. Comparables quality is second: Puerto Arturo confirms that appraisals and unsupported database extracts do not make a CUP, and the regulation's disclosure list is a checklist DIAN works through. Segmentation is third: after Banacol, any split of an integrated value chain needs a defensible cost allocation before it needs a benchmark.
The housekeeping is unforgiving. Diarise 22 September 2026 and the December CbC date, confirm the Año informado field reads 2025, file through the legal representative rather than the statutory auditor, re-check the UVT before converting any threshold, and document free trade zone dealings as if cross-border. Because returns inside the regime stay open for five years, the papers supporting a 2025 position must survive into 2031 — build the archive at filing, not when the requerimiento arrives.
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In-depth analysis of the landmark transfer pricing case between Colombia and INDEGA, its implications for multinationals, and how…
Read more →This guide is general information for professionals, verified against the sources above as at the date shown; it is not legal or tax advice on any specific matter.