Navigating SaaS Sales Tax in Colombia: A Comprehensive Guide

Colombia adopted a value-added tax (VAT) system in 1975, aiming to bolster revenue generation and modernize its tax administration. This robust system encompasses a standard VAT rate of 19%, applicable to SaaS and other digital services. However, certain categories of products or services may benefit from a reduced VAT rate of 5%. It’s crucial for businesses to understand their specific VAT obligations to ensure compliance and avoid penalties.

Staying compliant with SaaS sales tax regulations in Colombia requires meticulous attention to detail. Businesses must file VAT returns bi-monthly, adhering to deadlines dictated by the last digit of their NIT (Tax Identification Number). The payment deadline falls within 10 days following the end of the two-month period. Maintaining accurate records is paramount, including invoices, receipts, and documentation related to sales and purchases, both digital and physical. These records must be retained for a minimum of five years. E-invoicing is mandatory in Colombia, further streamlining the tax compliance process.

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Colombia

Colombia adopted a VAT system in 1975 to enhance revenue generation and modernize its tax administration.

19.00%

E-products and services VAT/Sales tax rate

5.00%

Reduced tax rate

Reduced tax rate product categories

In Colombia, a reduced VAT rate of 5% applies to a few categories of digital goods and services. This includes certain software licenses and digital learning platforms, among others.

Exempted product categories

In general, Colombia does not specifically exempt digital goods or services from VAT. However, some lower-rate categories may benefit from exemptions, for instance, certain educational services which can sometimes be categorized under different provisions.

Reverse charge mechanism for B2B sales

Yes

Tax ID validation required

Yes

When do you have to register

A non-resident company must register when it generates income that is taxable in Colombia. This typically includes any digital sales made to Colombian residents or businesses.

Online registration possible

Yes

Local representative needed

Yes

Registration procedure

Gather necessary documents (e.g., proof of identity, business license).
Complete the registration form on the DIAN website.
Submit the application online and wait for approval.
Obtain a NIT upon approval, which is necessary for tax compliance.

List of digital and electronic services liable for tax

Audiovisual services, such as music, videos, movies, and games, as well as the broadcasting of events of any kind, are provided through digital platforms. Online advertising, services of long-distance teaching and/or training, and the use or exploitation of non-tangible rights are also included. Other electronic or digital services that are destined and/or delivered to users located within Colombia, such as online streaming services (music, video), e-learning platforms, software licenses and subscriptions, and mobile applications, are part of this category.

Penalties

Non-compliance can lead to significant penalties, including fines (often a percentage of the unpaid tax), interest on overdue taxes, or even legal action in cases of severe or intentional evasion.

Registration threshold

No threshold, non-resident companies must register for VAT

Filing interval

Bi-monthly

Filing deadline

The deadlines for filing VAT returns are set according to the last digit of the NIT. Returns must be submitted within the 10 days following the end of the two-month period.

E-invoicing requirements

Yes

Record keeping

Businesses must retain accounting records for a minimum of five years. These records should include all invoices, receipts, and any documentation related to sales and purchases, both digital and physical.

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Meeting Diverse Compliance Requirements Across Regions

Negotiating the complexities of SaaS sales tax across different regions demands a strategic approach. Businesses should prioritize understanding the specific VAT rules and regulations applicable to each jurisdiction where they operate. Consulting with experienced tax professionals can prove invaluable in navigating these nuances and ensuring compliance. Additionally, leveraging automated tax software can streamline the process, automating calculations and filings, minimizing errors, and saving valuable time and resources.

By employing these strategies, businesses can effectively manage their SaaS sales tax obligations across multiple regions, ensuring adherence to local regulations and maintaining a strong compliance posture.

Multi-currency support

Leveraging Customer Location for Optimized Tax Management

The location of your customers plays a pivotal role in determining your SaaS sales tax obligations. In Colombia, the place of supply is typically deemed to be the customer’s location. This implies that businesses may need to charge VAT based on the customer’s location, even if the business itself is located elsewhere. Understanding the nuances of customer location is crucial for accurately calculating and remitting VAT. Additionally, businesses should be aware of any specific tax treaties or agreements that may exist between Colombia and other countries, as these can impact VAT obligations for cross-border transactions.

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