Business council warns of irreversible damage from patrimony tax

Colombia's National Business Council warned that the emergency patrimony tax inflicts irreversible patrimonial damage on thousands of firms. President Natalia Gutiérrez criticized the government's repeated arguments despite prior court rulings. The group proposed suspending the decree.

Colombia's National Business Council (CGN) voiced concerns over the emergency patrimony tax's impact. President Natalia Gutiérrez stated that each day without legal clarity solidifies “an irreversible patrimonial damage for thousands of companies and jobs”. Over 15,000 firms must pay the levy.

Gutiérrez noted the government repeats arguments struck down by the Constitutional Court in Ruling C-075 of 2026. “The failure to pass financing laws, fiscal rule restrictions, and pandemic legacies are not supervening or extraordinary events”, she said. The Comptroller also flagged “high uncertainty, lack of traceability, and absence of detailed technical support” for the $8.3 trillion to be collected.

She criticized Decree 173 for bypassing ordinary resources like the National Risk Management System or international cooperation. Gutiérrez cited Ruling C-521 of 2019, which excluded legal entities as their assets are productive capital, not personal wealth.

Issued on February 24, 2026, the decree set accrual on March 1, first payment April 1, and second May 4. Gutiérrez called it confiscatory due to tight deadlines, highlighting double taxation with income tax and a 1.6% rate—over triple the standard 0.5%—for financial and extractive sectors without justification.

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Symbolic illustration of Colombia's Constitutional Court ordering $25B tax refund, with money flowing to governors amid ruling.
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Constitutional Court orders return of $25 billion collected during emergency

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Colombia's Constitutional Court declared Legislative Decree 1474 of 2025 unconstitutional and ordered the Dian to return about $25 billion collected from emergency economic taxes in December. The Dian confirmed it will comply and implement measures within 30 days. Governors welcomed the ruling for easing regional finances.

President Gustavo Petro declared an economic emergency to address the crisis from heavy rains in northern Colombia. The measure aims to raise $8 billion through a temporary wealth tax on large companies and other levies. Critics question the management of existing resources and warn of economic impacts.

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President Gustavo Petro insisted that the downfall of the economic emergency decree in the Constitutional Court will bankrupt the Colombian state, with about 4 trillion pesos missing from the budget. He criticized the previous government for handing billions of public funds to the country's richest without return. He also anticipated a fruitful meeting with Donald Trump in Washington.

Colombia's Contraloría General de la República reported that Decree 0150 of 2026, declaring an economic emergency in February due to the climate crisis, lacks solid calculation bases for requesting between $8.26 and $8.68 trillion pesos. The oversight body identified discrepancies in damage estimates, such as flooded areas, and the absence of a national articulated plan. This review responds to a request from the Constitutional Court.

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Opposition senators criticized President José Antonio Kast's National Reconstruction Plan, labeling it a 'hidden tax counter-reform' due to tax cuts that would defund the state by up to US$2.8 billion annually. In a tense La Moneda meeting, they warned against rollbacks on social rights. The bill is expected to enter Congress on April 1.

José Antonio Kast's government will present a miscellaneous bill on Wednesday with over 40 measures, including a phased corporate tax cut from 27% to 23% between 2028 and 2030. The reduction will occur over three years: 1.5 points the first year, 1.5 the second, and 1 the third. Finance Minister Jorge Quiroz defended the measure as a boost to investment and employment.

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