all honesty , never heard of DIAN " auditing " anyone on thier overseas ( emphasis) income..and I know dozens of expats and locals
Assuming the hypothetical of a retired expat who qualifies as a tax resident and may own apartment in Poblado that they live in year-round, and/or exceeds 59 million in digital transactions in 2023 from ATM withdrawals with his Capital One card, is it your recommendation that the expat NOT file form 210 of DIAN, or that they should file it, but report NO income? If the expat is not going to report income under this hypothetical, there is really no need to hire an accountant, true?
-@N.Barley
People can do whatever they want.
If they feel they are tax evaders and cant sleep at night they can file a tax return, with whatever accountant they want.
But the fact of the matter is, you do a declaracion de renta, you are in their radar, and the people who recieve the most hassle and penalties, etc., are the ones that provide the most informatiom to DIAN, and try to follow the rules as close as possible.
The ones that dont file and live " "under the radar" are the ones that get harrassed the least, followed by the ones that shop around for an accountant that minimizes their tax payment by filing a " bogus" declaracion de renta( please excuse the label) that gets rubber stamped by DIAN.
This seems counter intuitive, but thats the way t is.
Also I dont know but I highly doubt DIAN has access to Capitol One, Charles Schwab or other foriegn debit/ credit card withdrawals.
They do have access to your Colombian Bank deposits, your Immigration data( through Migraciones ) and your US or foriegn tax returns and possibly even your overseas bank accounts through the CRS system but I personally have never heard of them go through the effort of aquiring this information and questioning expats or tourists in regards to these matters, but locals, yes..occaisionally...when large purchases or bank deposits ( usually over 100 million pesos) are made..but only occaisioonally.
Only recommendations I can make is
1. If possible spend less than 183 days on 365 in Colombia if you have significant overseas assets
2.NEVER buy property or businesses in Colombia, and keep the bank account balances low.
On another note, DIAN cannot legally embargo ( freeze or remove.money from) bank accounts with values less than 25 UVTs or 30 million pesos.
For other creditors the limit to " inembargabilidad " is 40 million pesos.
I got this info. From a lawyer in a casual conversation. I posted the limk on annother site. If you want, I can post it here.