The Constitutional Court declared enforceable the corporate income surcharge that the oil sector must pay. A provision contained in the tax reform approved in 2022 (Law 2277 of 2022).
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To be more exact, the high court defined as constitutional the section of the law that establishes thatCompanies that are dedicated to oil extraction They must add some additional points to the general income tax rate.
According to said norm, these surcharges correspond to the 5%, 10% and 15%depending on the variation in international prices.
For example, if the average price of the respective taxable year is 30% below the international prices of the average value of the last decade, the surcharge will not be applied.
If this, on the other hand, is between 30% and 45%, 5% must be added to the income tax rate. If it is between 45% and 60%, the surcharge will be 10% and if it exceeds 60%, an additional 15% will be applied.
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Oil.
Bloomberg
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Thus, the Court indicated that “The decision came after hearing charges for legislative procedural defects, which were also directed against the rule that modified tax discounts, and for substantive matters, regarding the principles of non-retroactivity and tax justice.”
As part of his determination, he also mentioned that the law establishes additional points to the tax based on the final price of each fiscal yearso it does not contemplate its application to a specific taxable year prior to the validity of the rule.
“The determination of the applicable taxable year corresponds to the year following the entry into force of Law 2277 of 2022, and from the content of the norm examined there is no indication that it provides effects on income tax settlements for previous or current taxable years. at the time of its entry into force”, the high court highlighted in its considerations.
In his decision, he also declared himself inhibited from ““rule regarding censures for violation of tax retrospectivity and ignorance of tax equality and equity, against paragraph 3.” of the aforementioned law; The same thing that refers to the membership fees paid to the unions and their deductibility from income tax.
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