Legal action taken against banks and fintechs over 4x1000 reform delays

A Bogotá court admitted a group action in August 2025 against more than 50 financial entities for alleged harm caused by delays in applying the 4x1000 tax reform.

The order from Bogotá’s Seventh Civil Circuit Court directed notification to the public and entities including the Financial Superintendency and the Finance Ministry. Defendants include Bancolombia, Banco de Bogotá, Davivienda, Nu Colombia and Mercado Pago.

The 2022 reform under Law 2277 exempts monthly transactions up to 350 UVT from the 4x1000 tax. Delays in system interoperability have prevented effective rollout, according to complaints from Nu Colombia.

Jonathan Malagón, president of Asobancaria, stated the delay stems from the legal requirement for full participation by all entities, not from unwillingness by the sector. Nu’s Marcela Torres noted that more than 500 days have passed without implementation.

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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.

Jonathan Malagón, president of Asobancaria, stated that fiscal constraints limit the elimination of the 4x1.000 tax between 2026 and 2030. He proposed a ten-year plan to phase it out point by point, without taxing immediate payments. He also highlighted the role of re-banking to raise credit access to 75%.

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Marcela Torres, manager of Nu Colombia, criticized the prolonged service failures at Bancolombia that affected millions of users. The bank received 1.82 million complaints at Superfinanciera by the end of 2025, accounting for 66.22% of the total. Torres called for uniform service level agreements to bolster trust in the financial system.

A nullity lawsuit was filed before the Full Chamber of the Council of State against article 35 of decree 2520 of 1993, which sets the Banco de la República's statutes. The article requires the Finance Minister's presence for the Board of Directors to convene. The suit claims it violates articles 371 and 372 of the Political Constitution.

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Building on this week's announcement of a phased corporate tax cut from 27% to 23%, Chile's Finance Ministry detailed a reactivation bill under President José Antonio Kast that reintegrates the progressive tax system and allows withdrawals from accumulated Tax Utility Fund (FUT) balances to spur investment. The package targets 200,000 new jobs and 4% growth.

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