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I may need to file taxes next year. Any recommendations?

artisvida

Hello everyone. I'll cut right to the chase.


I'm a dual U.S./Colombian citizen who lives in the U.S. Earlier this year I had a loss in my family and stayed in Colombia more than 183 days while I worked on some arrangements. From the research I've done, I'm a fiscal resident and need to file taxes, however, I read that there may be some exemptions to the rule. I've attached my resource below.


...If the person is a Colombian national, one will be fiscally resident if one falls within any of the following scenarios:


The spouse or dependants remain in the country for 183 days (continuously or not) within a period of 365 consecutive days.


  • 50% or more of one's income is sourced directly or indirectly in Colombia.
  • 50% or more of one's property/assets are managed in Colombia.
  • 50% or more of one's assets are 'physically' located in Colombia.
  • The tax authority (DIAN) requests proof of fiscal residency in another country and said proof is not provided to the DIAN.
  • The person has a fiscal residence in a place considered a tax haven by the Colombian government.


For the above scenarios, the period actually spent by the Colombian individual in Colombia is irrelevant.


However, an individual will not be a Colombian resident for any of the scenarios above if 50% or more of one's yearly income has been sourced where one is domiciled or 50% or more of one's assets are located where one is domiciled.



According to the above, although I stayed over the 183 day mark, since my home address and more than 50% my income and all assets are in the U.S., I would not be considered a fiscal resident.


I plan on reaching out to a few tax experts on the matter, however, I would like to know if anyone on this forum has been in a similar predicament. Additionally, I'd like to hear some recommendations tax experts/firms I can contact to confirm the above.


Thank you in advance.

See also

The taxation system in ColombiaColombia Tax filing deadline for 2024 taxesCustoms ChallengeTaxation on Social Security?Clarifying Tax on U.S. ²ÝÁñÉçÇøs in Colombia
nico peligro

First of all, you are mis reading the clauses. They apply to your spouse, not to you.


If you are a US citizen , in the country of Colombia more than 183 days in 365  by strict interpretation of DIAN rules,  you are a Colombian tax resident and must do a declaración de renta and declare your world wide income.and assets, and see where things fall.


However , practically, if this is a one off, and you are just a few days or weeks over 183  I would just let "sleeping dogs lie" ignore it and wait and see if DIAN approaches you.


I can almost guarantee you with 100% certainty it will never happen in your lifetime.


I am surprised as a Colombian national you are even worried about this, this is more the kind of thing gringos fret about. My guess is you came to the US at a very young age and have been living there your whole life.

artisvida

@nico peligro that’s actually it. I’ve lived in the U.S. since the age of 6, just got my cedula like 3 years ago lol.


Just doing my due diligence to inform myself. Thank you for commenting.

mtbe

I agree with Nico.  The DIAN doesn't check you entry to/from Colombia, so it's up to you if you want to take the chance that DIAN will check your entry/exit to/from Colombia.  The two government departments don't talk with each other, so DIAN will probably never know....and they probably won't care if it was just a few days.