Intangibles, Tax Policy, Tax Treaties, Uncategorized, Withholding Taxes

(Godoy & Hoyos Abogados)/ /1 Comment

Probably without noticing it, Colombia did not take into account that signing the recent DTT with France would allow some treaty-covered taxpayers to claim Most-Favoured-Nation (MFN) protection. Some of Colombia’s DTTs, as the ones signed with Spain, Chile, Switzerland, Portugal and Mexico, include Most-Favoured-Nation clauses with respect to royalties. In this sense, it is important…

OECD, Tax Planning, Tax Treaties, VAT, WTO

(Godoy & Hoyos Abogados)/ /Leave a comment

In order to close this cycle of dissertations about non-discrimination in International Tax Law, we will finish by talking about the specific case of the Andean Countries. Decision 578 of the Andean Community – which is aimed at avoiding the double taxation of income and wealth taxes for taxpayers in Colombia, Peru, Bolivia and Ecuador…

Arbitration, OECD, Tax Treaties

(Godoy & Hoyos Abogados)/ /Leave a comment

In our previous blog we were discussing issues of non-discrimination on the basis of Nationality (article 24.1 MOCDE). Today, it is relevant to point out the fact that the idea of non-discrimination is radically different when the problem is addressed from the perspective of other International Investment Agreements (IIA’s) such as BIT’s and FTA’S. Foreign…

OECD, Residence, Tax Treaties, Withholding Taxes

(Godoy & Hoyos Abogados)/ /Leave a comment

The DTT’s signed by the LATAM countries generally follow the rule included both in the OECD and UN Tax-Convention Models. Article 24 Section 1 states that “nationals of a contracting state shall not be subjected in the other contracting state to any taxation or any requirement connected therewith, which is other or more burdensome than…

Tax Policy

(Godoy & Hoyos Abogados)/ /Leave a comment

One of the most polemical tax measures in Colombia’s recent taxation history has undoubtedly been the introduction of the Financial Transactions Tax (FTT). Loved by the public administration but hated by the taxpayers, this tax highlights the very difficult problem of whether it is possible to combine both a high degree of efficiency and an…