Sales Tax With All the Supports for You
The generating event of the Sales Tax is made up of several elements, which allow studying the tax in a systematic way, namely:
Target Or Material Element
It is the fact provided in the Law as the generator of the tax obligation. In sales tax, the objective element is the sale of personal property, in accordance with the definition provided for by the tax in article 421 of the Tax Statute, the provision of services in the national territory, the import of personal property and playing games of luck and chance.
Subjective Element
The Tax Statute expressly states those responsible for the sales tax in articles 420 lit. d), 437, 438, 441 to 446, 468-2, paragraph and 468-3. Decree 522 of 2003, article 1, refers to the subject. According to the rules you can calculate sales tax and come up with the solutions easily.
Temporary Item
The Sales Tax is caused instantly because each generating event that is carried out generates the tax. Articles 429 to 436 indicate the moments in which the generating event is understood to have taken place and the obligation to register the transaction and the tax for accounting arises as a consequence. In the Sales Tax for an effective administration of the same, the declaration is presented for bimonthly periods, consolidating operations carried out during the period provided for in the Law, to form the basis for self-assessment of the tax.
Space Element
It seeks to establish where the generating event is understood to be carried out, for which it is necessary to study the effects of the law in space.
Article 18 of the Civil Code establishes: The Law is mandatory for both nationals and foreigners residing in Colombia. In accordance with this provision, the laws do not oblige beyond the country’s borders. The exception to this principle is the extraterritoriality of the law in cases specifically established by the legislator. In turn, article 57 of the Code of Political and Municipal Regime (Law 4 of 1913) states: Do the laws oblige all the inhabitants of the country, including foreigners, to be domiciled or passers-by, except for them, the rights granted by public treaties.
Our Law accepts as a principle the territoriality of the laws, that is, that the laws do not oblige beyond the country’s borders; of course it has some caveats, in development of the statute theory, be it the personal statute, the real one or the mixed one.
The personal statute defines, then, how the Colombian is subject to his national law, lex fori, in a multitude of situations in which his regulations could not be left to foreign law; Those laws are those of civil status, which establish their capacity, determine family rights and obligations between Colombian relatives and between Colombian and foreign relatives, of course when it comes to executing acts that should have an effect in Colombia. For the same reason, it will be the Colombian law that determines the place that the “cujus” occupied in society and in the family, his quality of married, single, widower, father, son, etc., and she herself will indicate the rights of Colombians, even in open succession abroad, as well as the rights derived from the patrimony, separation, divorce, paternity and filiation, legitimate,natural or adoptive, parental authority, marital authority, food, orders of legitimate successions, conjugal portion, etc.