Colombia

A. Progress in the implementation of the minimum standard

Colombia has ten tax agreements in force, as reported in its response to the Peer Review questionnaire, including the Decision 578 of the Andean Community Commission for the members of the Andean Community (the Andean Community Agreement).1

Colombia signed the MLI in 2017, listing nine tax agreements.2

Colombia is implementing the minimum standard through the inclusion of the preamble statement and the PPT combined with the LOB.3

The agreements that will be modified by the MLI will come into compliance with the minimum standard once the provisions of the MLI take effect.

Colombia indicated in its response to the Peer Review questionnaire that the Andean Community Agreement has not been listed under the MLI as it is a decision of the Andean Community Commission.

Colombia further indicated that bilateral negotiations would be used with respect to its agreement with Switzerland.

B. Implementation issues

No jurisdiction has raised any concerns about their agreements with Colombia.

Colombia indicated that it encountered difficulties in the renegotiation of the Andean Community Agreement.4

Summary of the jurisdiction response – Colombia

	Treaty partners	Compliance with the standard	If compliant, the alternative implemented	Signature of a complying instrument	The alternative implemented through the complying instrument (if not the MLI)	Comments
1	Bolivia*	No	N/A	No	N/A	Currently renegotiating Decision 578
2	Canada	No	N/A	Yes	N/A
3	Chile	No	N/A	Yes	N/A
4	Czech Republic	No	N/A	Yes	N/A
5	Ecuador*	No	N/A	No	N/A	Currently renegotiating Decision 578
6	India	No	N/A	Yes	N/A
7	Korea	No	N/A	Yes	N/A
8	Mexico	No	N/A	Yes	N/A
9	Peru	No	N/A	No	N/A	Currently renegotiating Decision 578
10	Portugal	No	N/A	Yes	N/A
11	Spain	No	N/A	Yes	N/A
12	Switzerland5	No	N/A	No	N/A

Notes

← 1. The Decision of the Commission of the Andean Community 578 on the regime for the avoidance of double taxation and the prevention of fiscal evasion, adopted on 4 May 2004. The current members of the Andean Community are Bolivia*, Colombia, Ecuador* and Peru. In total, Colombia identified 12 "agreements" in its List of Tax agreements: nine bilateral agreements and the Andean Community Agreement.

← 2. In total, Colombia listed 10 agreements under the MLI, one of which (the agreement with France) is not yet in force.

← 3. For its agreements listed under the MLI, Colombia is implementing the preamble statement (Article 6 of the MLI) and the PPT (Article 7 of the MLI). Colombia also opted for the simplified LOB under Article 7(6) of the MLI.

← 4. Bolivia* and Ecuador* are not members of the BEPS Inclusive Framework.

← 5. Colombia and Switzerland are finalising an Amending Protocol expected for signature during the summer of 2019. The Protocol adopts the preamble statement and the PPT.