Analysis of the

COMPILATION OF THE OFFICIAL DOCTRINE ON LAW 2277 OF 2022 AND LAW 788 OF 2022

(3rd version)

Failing that, in this compilation and also in this section you can download it here.

On the other hand, the idea is to understand how a horizontal property scenario is affected by these regulatory bases. Remember that Law 788 in its article 13 mentions that there are no costs and deductions associated with income constituting income or occasional profit, however How would this be typified in a horizontal property.

The context is clear in a mixed horizontal property, for example those that have commercial premises and/or special leases such as geoelectromagnetic space for signal repeaters of mobile or cellular devices. Let's do the exercise on how it could be applied in real life with a hypothetical example of a condominium.

Have 

Total revenue: $100,000,000

Of which $80,000,000 are received for the administration fees of the units in the horizontal property. What percentage would a $80% be?

On the other hand we have $20,000,000 which are the payments for the commercial premises that make up the horizontal property. Which would be equivalent to a 20%

In turn, the property reports surveillance, maintenance and administration expenses for $75,000,000, giving rise to 100% of the expenses. Prorated proportionally according to income, the non-deductible part in the expenses item would be $60,000,000 since this would be equivalent to 80% of this. At the same time, the part that you could deduct will be $15,000,000, which would be the 20% corresponding to this. Now remember that these expenses must all be borne in full, including the proper electronic supports from the national customs tax administration DIAN.

If you require advice on how you would apply this scenario or another relevant one, your friend, Mr. Accountant, can help you. If you want to contact us, click here.