COLOMBIA Law and Practice Contributed by: Rodrigo Castillo Cottin, Ana María López and Alejandra Becerra, Rimon, P.C.
Tax Authority Enforcement and Information Cross- Referencing The most significant structural driver of wealth-relat - ed disputes is the national tax and customs agency ( Dirección de Impuestos y Aduanas Nacionales , or DIAN)’s deployment of automated cross-referencing tools fed by multiple data streams. Three mechanisms are particularly relevant to private clients. First, the exogenous information ( información exóge- na ) reports which require banks, notaries, real estate registries, financial institutions and other third parties to report annually on transactions conducted with or on behalf of taxpayers. This information, which covers banking movements, property transfers, investment portfolios and, increasingly, digital economy transac - tions, feeds directly into the CTO’s cross-referencing engine and forms the evidentiary backbone of most enforcement proceedings. For private clients with complex asset structures, discrepancies between reported wealth and third-party data are typically the initial trigger for formal inquiries. Second, the DIAN performs systematic cross-checks between a taxpayer’s income tax return, net worth tax filing, VAT declarations, withholding reports and banking records to identify inconsistencies. Where declared income appears insufficient to support reported asset growth, or where wealth tax filings are inconsistent with income declarations, the system generates automated flags that may lead to formal assessment proceedings. These cross-referencing exercises have become more precise following the implementation of real-time electronic invoicing vali - dation and the integration of CRS data received from foreign jurisdictions. Third, the CTO has adopted a campaign-based enforcement approach, directing targeted audit waves at specific taxpayer segments. Recent campaigns have focused on large-patrimony individuals, taxpay - ers reporting foreign assets, holders of interests in for - eign fiduciary structures, and contributors to the tax normalisation programmes. In 2026, the DIAN initiated pre-filing audit campaigns verifying withholding certifi - cates, self-withholding amounts and cost deductions before returns were even submitted.
• family protocols setting out shared values, succes - sion criteria, roles and conflict-resolution mecha - nisms; and • family councils or assemblies that formalise com - munication and oversight across generations. While not binding in the same manner as corporate by-laws, family constitutions are recognised in prac - tice and often incorporated by reference into share - holders’ agreements to strengthen their enforceability. 4.3 Transfer of Partial Interest Partial Interest in an Entity Transferred During Life If a partial interest is transferred during someone’s lifetime, it is presumed that the fair market value of the interest cannot be lower than its cost basis and its net asset value ( valor intrínseco ) increased by 30%. If the partial interest being transferred is received as consequence of a gift, the value of the interest is its cost basis. Partial Interest in an Entity Transferred After Death However, if a partial interest is transferred at death, any amount received as consequence of an estate, legacy, donation or conjugal portion is considered as a capital gain subject to capital gains tax at a 15% rate. The value of the interest is its cost basis. Colombia’s private wealth dispute landscape in 2026 is shaped by the convergence of enhanced tax enforcement capabilities, evolving reporting obliga - tions for foreign structures, and an unprecedented period of fiscal instability driven by emergency leg - islation. While traditional succession disputes remain a constant, the disputes generating most advisory activity are those arising from the CTO’s increasingly sophisticated data-driven enforcement, the expand - ing scope of taxation under emergency decrees and the broader institutional uncertainty surrounding the constitutional limits of executive tax powers. 5. Wealth Disputes 5.1 Trends Driving Disputes
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