How to maintain the exempt income benefit for businesses in the orange economy?

Recipients of Exempt Income for Orange Economy Businesses who wish to maintain the benefit, must comply with the following requirements in all tax periods in which it is applied, as detailed in the Administrative Act of Compliance:

  1. Be legally incorporated as, for example, an SAS. This requirement will be checked against the information contained in the certificate of good reputation and office.

  2. Be registered in the Single Tax Register -RUT as a taxpayer under the ordinary income tax system.

  3. Have their main place of business in Colombian territory.

  4. Have as their exclusive corporate purpose the development of industries with added technological value and/or creative activities. The list of activities considered as orange economy can be consulted in our publication entitled “Activities of partial and total inclusion falling within the concept of orange economy”.

  5. Have the administrative act of compliance of the Orange Economy Commission duly issued and in force.

  6. Comply with the annual gross income requirement of less than eighty thousand (80,000) tax value units (UVT), equivalent in 2022 to 3,040,320,000 COP.

  7. Respect an investment of 4,400 fiscal value units (UVT) – 167,217,600 COP in 2022 – within a maximum period of three (3) fiscal years.

To note: The investment will be: the acquisition of tangible fixed assets and the acquisition of intangible fixed assets acquired separately, that is to say those whose acquisition has been paid to us by the taxpayer. Is also considered as an investment that made on the basis of 3° of article 74-1 of the tax code, in particular, with regard to research, development and innovation expenses, the tax cost is represented by the all expenses related to research, development and innovation projects, with the exception of those related to the acquisition of buildings and land. The above, as long as the investments are not made through economic associates or related parties. The minimum value of investment in tangible fixed assets, intangible assets and other investments, mentioned above, will be determined by the tax cost in accordance with the provisions of the tax law.

8. To achieve the following minimum employment figures:

Finally, we suggest that you take into account our previous publications on the orange economy, in order to expand the information on the conditions of access to the exempt income benefit, which you can consult on our site https://phrlegal. com/novedades- phr/ called:

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