COLOMBIA: Duque gets a tax reform but not what he wanted
President Iván Duque promulgated a key tax reform on 28 December known as the ‘Ley de Financiamiento’. It was a Pyrrhic victory. Congress had insisted upon watering down the original bill before swallowing it nine days earlier, with the upshot that it will not plug a Col$14tn (US$4.37bn) budget deficit in 2019 as planned. Such was the strength of opposition to the extension of value added tax (VAT), before it was dropped from the bill, that Duque’s popularity plummeted. Even Duque supporters protested, prompting his party, the right-wing Centro Democrático (CD), to publish a statement, brimming with suppressed discontent, expressing its confidence that he would show the sagacity to change tack.
President Duque presented the ‘Ley de Financiamiento’ to congress in late October as an essential tax reform to balance the 2019 budget. Its tortuous passage was secured on 19 December in the lower chamber of congress by 97-51, after obtaining approval in the senate late on the previous day by 62-13. “The law retains the original spirit of protecting the most vulnerable and seeking a more equitable tax system, encouraging entrepreneurship, strengthening the tax agency [Dian], and obtaining a larger contribution from high earners,” the finance ministry said in a statement.
The spirit of the law might have survived but the substance did not. The expansion of VAT to 80% of products in the basic basket of goods was conceived to generate additional tax revenue of Col$11tn (US$3.5bn), but the government was compelled to abandon this core component of the tax reform amid popular protests and widespread political rejection, including being left high and dry by the ruling party.
The climb down was politically damaging: Duque is the least popular Colombian president of the last 20 years so early in his mandate (he has been in office for just five months) with an approval rating of between just 22% and 38%, according to national pollsters. It could also be economically harmful: even with some additional taxes, the government could not make up the shortfall from dropping the VAT adjustments. The modified law will raise only Col$7.5tn (US$2.3bn). This could result in a credit downgrade.
The revised tax reform, which took effect on 1 January, includes a higher tax for those earning more than Col$33m (US$10,250) a month; a 2% tax on sale of property valued at more than Col$918m (US$290,000), to bring in Col$1.7tn; a 1% tax on liquid assets exceeding Col$5bn for the next three years, which the government hopes will raise Col$800bn; a surcharge on financial sector profits (also for three years) to net Col$1tn; a 15% tax on those earning share dividends over Col$10.8m; and a multi-phase tax on beer and fizzy drinks. The new law also approved prison sentences of between four and nine years for tax evasion of more than Col$8.6bn.
The president of BBVA Colombia, Óscar Cabrera, reacted to the new law by saying it was “bad news for banks [as] a paralysed financial system cannot support the country’s development in the same way” in reference to the surcharge on financial sector profits. But the government’s biggest concern is that the tax reform is not seen as going far enough. Unless potentially unpopular cuts to subsidies and other public spending are made, Colombia could lose its investment grade rating, which would make servicing the public debt more expensive. The finance minister, Alberto Carrasquilla, is confidently predicting GDP growth of between 3.5% and 4.5% this year but this will be complicated by declines in the price of oil and coffee.
- Beneficiaries
The ‘Ley de Financiamiento’ includes tax exemptions for new companies investing more than Col$150m over three years in the ‘orange economy’ of talent and knowledge, favoured by President Duque, and creating at least three jobs. There are also incentives for the tourism and agricultural sectors, the latter a stronghold of support for Duque upset by his (aborted) decision to increase VAT on food staples.