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I may need to file taxes next year. Any recommendations?

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artisvida

Hello everyone. I'll cut right to the chase.


I'm a dual U.S./Colombian citizen who lives in the U.S. Earlier this year I had a loss in my family and stayed in Colombia more than 183 days while I worked on some arrangements. From the research I've done, I'm a fiscal resident and need to file taxes, however, I read that there may be some exemptions to the rule. I've attached my resource below.


...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, 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.



According to the above, although I stayed over the 183 day mark, since my home address and more than 50% my income and all assets are in the U.S., I would not be considered a fiscal resident.


I plan on reaching out to a few tax experts on the matter, however, I would like to know if anyone on this forum has been in a similar predicament. Additionally, I'd like to hear some recommendations tax experts/firms I can contact to confirm the above.


Thank you in advance.

nico peligro

First of all, you are mis reading the clauses. They apply to your spouse, not to you.


If you are a US citizen , in the country of Colombia more than 183 days in 365  by strict interpretation of DIAN rules,  you are a Colombian tax resident and must do a declaración de renta and declare your world wide income.and assets, and see where things fall.


However , practically, if this is a one off, and you are just a few days or weeks over 183  I would just let "sleeping dogs lie" ignore it and wait and see if DIAN approaches you.


I can almost guarantee you with 100% certainty it will never happen in your lifetime.


I am surprised as a Colombian national you are even worried about this, this is more the kind of thing gringos fret about. My guess is you came to the US at a very young age and have been living there your whole life.

artisvida

@nico peligro that’s actually it. I’ve lived in the U.S. since the age of 6, just got my cedula like 3 years ago lol.


Just doing my due diligence to inform myself. Thank you for commenting.

mtbe

I agree with Nico.  The DIAN doesn't check you entry to/from Colombia, so it's up to you if you want to take the chance that DIAN will check your entry/exit to/from Colombia.  The two government departments don't talk with each other, so DIAN will probably never know....and they probably won't care if it was just a few days.

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