Foreign Investment in Colombia
Colombia ensures equal treatment for both foreign and domestic investors, explicitly prohibiting any form of discrimination or preferential treatment. However, foreign investment in certain sectors is restricted, mainly due to concerns over national security and the management of non-native waste.
Among the available legal entities, the Simplified Stock Corporation (SAS) is the most favored choice for setting up businesses in Colombia due to its numerous advantages. Notably, an SAS can be incorporated by one or more individuals or entities, without the requirement to form a board of directors, offering significant flexibility in defining its internal governance and operations.
Foreign investors often choose the SAS to establish subsidiaries, but they may also opt to open branches. Branches enable the parent company to demonstrate its established track record and financial soundness. In sectors such as mining and energy, branches also provide access to specific benefits under Colombia’s foreign exchange regime.
Foreign Exchange Regime in Colombia
All foreign capital investments must be registered with the Banco de la República (Central Bank of Colombia) via the appropriate form, which secures the legal status of the investment within the country. This registration process can be handled through foreign exchange market intermediaries or directly with the Central Bank via electronic means. It is an essential step for those looking to invest and establish businesses in Colombia in a legal and transparent manner.
Double Taxation Avoidance Agreements
To protect foreign investors and prevent double taxation, Colombia has entered into agreements with numerous countries. These treaties provide a clear legal framework that eliminates the risk of double taxation for residents of signatory countries. Noteworthy among these agreements are treaties with countries such as France, Italy, the Czech Republic, Portugal, India, South Korea, Mexico, Canada, Switzerland, Chile, Spain, the United Kingdom, and Northern Ireland, as well as member nations of the Andean Community of Nations. These agreements create a more favorable tax environment, alleviating additional tax concerns for those registering businesses in Colombia.
Transfer Pricing
Colombia’s transfer pricing regime is designed to ensure that transactions between related companies or within the same corporate group are conducted under market conditions, promoting fair competition. This system is particularly important for multinational corporations seeking to establish operations in Colombia, as it helps to detect or prevent practices that aim to reduce profit margins in countries with higher tax burdens. Taxpayers subject to transfer pricing regulations must meet certain conditions, such as being subject to income tax, maintaining economic ties with entities abroad or in free trade zones, and engaging in transactions with these entities during the relevant fiscal year. These taxpayers are required to submit a transfer pricing report and supporting documentation to the DIAN (National Tax and Customs Directorate), ensuring compliance with the regulations governing legal operations in Colombia.
Strategic Planning for Investment in Colombia
Before establishing an investment vehicle in Colombia, it is essential to clearly define the investment objective and thoroughly analyze the advantages and disadvantages of the various legal structures available. This strategic step is crucial to maximizing benefits and minimizing the risks associated with starting a business. Our team is here to guide you through every stage of the process, providing expert advice and helping you streamline the company formation process in Colombia. From selecting the most suitable type of corporation to managing legal requirements, we offer tailored solutions to ensure the success of your investment in Colombia.