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The Comptroller General of the Republic presented a report on Wednesday, July 17, warning of possible irregularities in the management of the National Tax and Customs Directorate (Dian). Mainly in their collection function, which will result in millions of dollars in losses for the country.
According to the control body, there are four tax findings totaling $39.602 billion, which were determined following a financial audit. In addition to this, the Auditor General’s Office is investigating four other administrative findings, one of which has disciplinary implications and will be subject to a thorough review.
The most serious case involved a sum of US$38.772 billion. The disciplinary matter related to Dean’s mismanagement of his collection function during collection proceedings for a company that had to go into liquidation after three shareholders were named on the Clinton List.
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“A thorough assessment of the collection process implemented by Dian revealed a number of significant deficiencies. It became apparent that during a corporate liquidation proceeding, the company had not filed income tax and supplementary tax returns due to the inclusion of three of its shareholders on the Clinton List. Nor was it sales tax-VAT during the 2007 tax year,” they stressed in the report.
According to the Office of the Auditor General, a balance equivalent to the wealth tax of the same year was thus accumulated, without being able to prove the connection of the tax authorities to the liquidation process, although the entity had the means to know the legal situation of the society.
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“As of the audit date, Dean The resources owed by the company have not been recovered and the payment orders issued have exceeded the statute of limitations,” he said in another point.
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The problem reportedly occurred because the tax department did not manage the collection in accordance with the legal situation of the liquidated company, and therefore did not link it to the liquidation process, “but conducted a collection process as if it were not in a special process, Even if that entity possesses information showing the taxpayer’s legal status.”
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“In addition, it did not consult the Financial Supervisory Authority about its situation, but referred it to the already dissolved Securities Supervisory Authority, and did not take into account that once the company was dissolved, it must be liquidated immediately, and waited for 4 years before conveying the administrative approval. Although the company was in arrears for the second installment of wealth tax for the 2007 tax year on the day it learned about the dissolution and liquidation, it took sanctions and initiated collection procedures.” This organism.
Colombian Peso
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With this in mind, CGR concluded that Dian did not deploy Although he can obtain information about shareholders and interact with them, mainly with those who have the status of natural persons, he still takes strong actions to effectively manage the collection actions of debts owed by taxpayers and corresponding joint and affiliated debtors with the matrix of controlling the situation.
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Another financial finding reported by the Office of the Comptroller General was related to the claims agreements at the time of the incident (PR-ADF-0017 and PR-ADF-029), which were reported to the State as part of the control of the inventory of goods and assets granted, and found suspected negligence in insurance claims.
“The audit revealed that the CGR found that the assets held in trust and included in the DIAN assets could have caused property damage worth $829,935,164, which the officials responsible for reporting the incidents and expected to file corresponding claims with the insurance company expressed doubts. “They omitted this procedure and did it three years after the incident,” they said.
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It was also found here that all the processes failed to fulfil the requirements stipulated in the insurance contract, resulting in the inability to recover the corresponding amounts.
In view of this, the Audit Office required Dean to improve its collection procedures to ensure the effective and timely management of public resources, and required that accident claims be filed promptly and in a timely manner in accordance with the terms of the contract. This will avoid future property losses and ensure the protection of state-owned assets.
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