Published on July 10, 2026
Through Official Opinion No. 011736 of June 18, 2026, the National Tax and Customs Directorate (DIAN) supplemented the General Opinion on the Wealth Tax for Legal Entities, clarifying that companies admitted to corporate reorganization proceedings referred to in the second paragraph of Article 1 of Law 1116 of 2006 retain their status as taxpayers subject to the Wealth Tax created by Legislative Decree 173 of 2026.
Pursuant to Article 1 of Legislative Decree 173 of 2026, which added subsection 6 to Article 292-3 of the Colombian Tax Code, companies that, in the exercise of the inspection, surveillance, and control functions of the national authorities, are under government intervention are not considered taxpayers subject to the aforementioned tax.
According to DIAN, this exclusion is contingent upon direct administrative intervention that displaces the company's governing bodies, a circumstance that does not arise in corporate reorganization proceedings.
In this regard, DIAN recalls that the insolvency regime established under Law 1116 of 2006 is intended to protect creditors and facilitate the recovery of financially distressed companies through a voluntary judicial reorganization process, which is distinct from government intervention carried out in the exercise of inspection, surveillance, and control functions.
DIAN further considers that Article 17 of Law 1116 of 2006 limits the effects of the reorganization process to prohibiting the adoption of amendments to the company's bylaws or the assumption of new obligations without the prior, express, and specific authorization of the insolvency judge, thereby preserving the company's governing bodies.
Accordingly, DIAN concludes that companies admitted to corporate reorganization proceedings are not covered by the exclusion established for companies under government intervention and, therefore, retain their status as taxpayers subject to the Wealth Tax for tax year 2026.
The foregoing is without prejudice to any future declaration of unconstitutionality of Legislative Decree 173 of 2026 or, even if the decree is ultimately upheld, should the Constitutional Court confirm the provisional suspension ordered through Order No. 533 of 2026, pursuant to which the second installment of the Wealth Tax will not be collected from legal entities that were undergoing liquidation as of April 29, 2026, and/or from certain non-profit entities.
In any event, companies currently undergoing corporate reorganization proceedings under Law 1116 of 2006 are advised to incorporate this tax obligation into their financial planning in order to avoid penalties for late filing of the Wealth Tax return and the accrual of substantial late-payment interest.
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