Everything about Colombia

Colombia tax residency: the 183-day rule

You’re resident in Colombia for tax if you’re there for more than 183 calendar days — continuous or not, the days you enter and leave included — in any 365 consecutive days. If those days span two tax years, you’re resident from the second. Colombian nationals can also be resident through family, income or assets in Colombia.

Colombia 183-day calculator

More than 183 days in Colombia in any 365 days in a row make you resident. The days you enter and leave count, as the law says.

Colombia tax residency: 183 days in any 365

Article 10 of the Estatuto Tributario makes you resident in Colombia for tax if you stay in the country, continuously or not, for more than 183 calendar days — the days of entry and exit included — in any 365 consecutive days. When those days fall across two tax years, you’re resident from the second.

At a glance Colombia
The day test more than 183 days
Over any 365 consecutive days
A day counts if you’re in Colombia, the days you enter and leave included
Across two years resident from the second

Members of Colombia’s foreign service and their families, exempt from tax abroad under the Vienna conventions, are resident too.

Colombian nationals: other tests

A Colombian national is also resident for a year in which any of these holds:

  • their spouse or permanent partner (not legally separated) or dependent minor children are tax resident in Colombia;
  • 50% or more of their income comes from Colombia;
  • 50% or more of their assets are managed or held in Colombia;
  • asked by the tax authority, they don’t prove they’re resident abroad; or
  • they’re resident in a jurisdiction the government lists as a tax haven.

They aren’t resident, though, if 50% or more of their yearly income comes from, or 50% or more of their assets are in, the jurisdiction where they’re domiciled. Residence abroad is proved to DIAN with a tax residence certificate from that country, or an equivalent document.

Worked example

You were in Colombia from 1 October to 31 December: 92 days. Back on 1 March, you can stay until 30 May — your 183rd day in 365. On 31 May you’d pass 183, and since those days span two years, you’d be resident from the second.

Spain counts more than 183 days in its calendar year: see Spain tax residency. Other countries, side by side: 183-day rule by country.

How FlySee counts it

FlySee has no Colombia tracker built in. The calculator counts more than 183 days in any 365, the days you enter and leave included, as the law says. A tax tracker of your own counts it too — Colombia, fewer than 184 days, any 12 months, any part of a day — over 366 days, so a day early at most, never late. The tests for Colombian nationals aren’t counted.

Colombia tax residency: questions and answers.

Is it 183 days or more than 183?

More than 183 calendar days, so the 184th makes you resident — in any 365 consecutive days, counting the days you enter and leave Colombia. They don’t need to be in a row.

What if the days span two years?

Then you’re resident from the second year — the second tax period — not the first.

I’m Colombian and live abroad. Am I still resident?

You can be. A Colombian national is resident for a year in which their spouse or permanent partner, not legally separated, or dependent minor children are tax resident in Colombia; 50% or more of their income is from Colombia; 50% or more of their assets are managed or held there; they don’t prove residence abroad when the tax authority asks; or they’re resident in a jurisdiction the government lists as a tax haven.

Is there a way out for Colombians abroad?

Yes. A Colombian national who meets one of those tests isn’t resident if 50% or more of their yearly income comes from, or 50% or more of their assets are in, the jurisdiction where they’re domiciled.

How do I prove residence abroad?

With a tax residence certificate, or an equivalent document, from the country where you’ve become resident, presented to DIAN, the tax authority.

Sources

FlySee counts days; it doesn’t give tax advice. Whether you’re resident is for you and your adviser.

Track it in FlySee

Track days in every country and know the date you can stay until.

  • A tax tracker of your own counts the 183 days: fewer than 184 in any 12 months, any part of a day
  • Shows the date you can stay until, and the days left in the 12 months
  • Gives you a heads-up before you reach the limit
  • Exports your days by country as PDF, Excel or CSV
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