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Colombia court promotes judgment enabling business to subtract royalties from taxes

Colombia's Constitutional Court denied on Monday propositions from the financing ministry to modify a ruling that overruled a restriction on oil and mining companies subtracting royalties from their taxes, in a relocation the leftist federal government has said will require a boost in the 2024 financial deficit.

The government of President Gustavo Petro had asked the court to postpone enforcement of a previous decision - which said companies can make the reductions in 2023 and 2024 - instead asking that reductions just be enabled from 2025, among other suggestions.

The federal government argued the deductions will have a financial impact of some 6.7 trillion pesos, about $1.72 billion, this year.

Finance Minister Ricardo Bonilla said previously this month in testament to the court that the overruling of the restriction would need a boost in the 2024 deficit and a 10% increase in the issuance of domestic peso TES bonds this year, along with a. 5% boost in TES issuances in between 2025 and 2034, to comply. with fiscal rules.

However the court turned down the government's proposals and. Bonilla's arguments.

The court concluded that the finance minister did not. show that judgment C-489 of 2023 would produce serious. alterations in fiscal sustainability, the court said in a. declaration. The 4 options for modulation proposed by the. financing minister would break constitutional laws.

The financing ministry had no immediate comment.

The court's original November judgment overruled part of a. law that prohibited extractive business from subtracting. royalties from their gross income.

The rule was consisted of in a tax reform gone by the Petro. federal government as part of efforts to fund programs focused on dealing with. poverty and inequality.

Service associations and industry figures had widely. criticized the deduction rule and celebrated the November. ruling.

(source: Reuters)