A person is considered fiscally resident in Colombia if one remains in the country (continuously or not) for an aggregate period of time of 183 days within a period of 365 consecutive days. In cases where that requirement is met by considering the days spent in Colombia over two successive fiscal years, the individual qualifies as tax resident as of the second fiscal year.
Also, 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, further to the 2014 tax reform, 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.