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 Legal confusions of the Dian




Legal confusions of the Dian
Origin: Gustavo Humberto Cote*
Published: 2018-04-12

One of the fundamental pillars to guarantee the correct fulfillment of the obligations by the taxpayers is the proper official interpretation of the rules that regulate them, which must be produced with respect not only of its content, but also of the scope that the Constitutional Court in its judgments.




The examples of the deficient performance of the legal office of the governing body of national taxes in this matter, have become constant in recent times. Let's mention only three:


1. The ignorance of the provision which states that no withholding tax should be made on payments or credits in accounts that are exempt in the head of the beneficiary, when it considered that they do not detract from the minimum withholding tax on severance payments.

2. This erroneous position was reiterated in the pronouncement of February 4, in which, additionally to limiting the scope of the Court's Judgment, which considered 25% of exempted labor income as a purification factor in the Iman-Imas systems, it was stated that this value does not diminish the minimum retention base of the 'employees' either.


3. The case ignored the clear conclusions of the C-291 of 2015 in Resolution No. 000029 of March 29, which, by modifying the instructions of the income forms, prevents losses in the 2015 statement in 2013 and 2014 in which believes and requires that this be possible only from the 2016 taxable year.


The inaccuracies in this field lead to frequent rectifications and produce uncertainty in the successful application of the tangled legal world that governs Colombian taxes. Good care in public administration is an imperative that cannot be ignored by those who work for public organizations, under penalty of having to assume consequences for their decisions, omissions or overreach, in the terms indicated by the Constitution, the law and its regulations, as stipulated by the principle of 'responsibility' contained in the Code of Administrative Procedure and Administrative Litigation.

A task as fundamental as the one mentioned in these lines, should be entrusted to people who have an important track record in tax matters. When this function is deposited in servers that do not have this indispensable and extensive experience, despite their efficient performance in areas different from the tax administration, unfortunate results are obtained that affect not only the administered, but the State, since they lead to that both incur unnecessary costs, contrary to the principle of 'economy' that governs administrative actions.

The reality is that the inspection processes carried out by the tax offices, in most cases, are based, more on the concepts uttered by the legal entity than in the legal provisions. In these instances, it matters little whether or not they comply with the law and jurisprudence. Even instructions against this procedure, which were taught in the past by the current director of the Dian, are lost sight of.

These misguided behaviors are reflected in the volume of judicial proceedings that, in recent years, have increased substantially before the jurisdiction of the administrative litigation

It is urgent that the Dian rescue the correct path of legal rigor and respect for the normative hierarchy and the pronouncements of the high courts.

*
Ex-director Dian (Colombian tax entity )



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Sports bets win a lot in Colombia and should pay more. 

Legal confusions of the Dian

While the government, the EPS, the IPS and the users of the health service confront each other with the aim of obtaining greater resources, coverage and better provision of services, an initiative that is beginning to be cooked in Congress is advancing firmly and in consensus. with the support of President Gustavo Petro, his government team, several parliamentarians and others linked to the health industry, to solve the sector's deficit.

 

It cannot be that while the health sector faces a budget crisis, the government seeks reform and needs resources, the EPS are suffocated and many are on the verge of bankruptcy, just like the IPS, and people continue to die at the doors of hospitals. or are dying while waiting for a medical appointment, sports betting and other online betting entrepreneurs are getting rich and, what is worse, squandering millionaire resources that would serve to save lives or at least improve the quality of life of many Colombians.” This is how the senator who presented the project expressed it.

 

After the parliamentarian's first technical and economic studies, it was concluded that online sports betting and other virtual bets, which have seen notable growth in recent years, provide a new contribution to health. It is complementary to the health reform that begins its debate in the Senate in the legislature that begins next February 16. It also generates unity because it can prevent a new tax reform since it will inject millionaires and new resources into the sector.

 

The approach considers that although the companies that operate sports betting and other online betting have low taxation and hence their billion-dollar income and profits, although they contribute to the State in taxes, it is not proportional, especially in the context of a health sector in crisis. due to lack of resources.

 

After substantiating the initiative, President Gustavo Petro learned about the project and agreed to process it in the Congress of the Republic.

 

Official estimates in 2023 show that the income of the betting sector approached $30 billion, the equivalent of the income of two tax reforms and for 2024 the estimated income projection could reach $32 billion. In contrast, Coljuegos' official balance in terms of transfers to the health sector from January to August 2023 was $564,000 million.



President of Coljuegos Marco Emilio will open the door to money laundering in the gaming industry? 

Legal confusions of the Dian

Coljuegos and the gambling industry have been immersed in a frontal fight against all forms of illicit activities and it has cost too much to have a reputation for transparency and good practices among all actors, as always. I have expressed it.

 

In the crusade that Coljuegos is carrying out against illegal betting and Chance, the interference and direct management of criminal gangs and armed groups that affect the business is evident in each operation, which was in the news this past weekend when the same Coljuegos press room , gave a good account of an operation carried out at the site where a brothel called the swimming pool operated and which had been converted into an online betting site and operated some slot machines, managed by one of the sector's gangs of Venezuelan origin.

 

In that order of ideas, the so-called infamous draft that Coljuegos published on December 7, 2023 aims to hand over the operation of all the illegal machines on the street to these gangs under the pretext of favoring shopkeepers with a study plastered with snot from the year 2018. , which was made before the quarantine and is not ideal to demonstrate the reality of the market 6 years later.

 

Marco Emilio does not bother to hide his veneration for permanent betting companies and their vertical businesses and his clear intention to facilitate and lighten their burdens is evident; In the Coljuegos reports, the prominence is always the contributions of the sports bets, the permanent bets, the prize he received from the permanent bets, the trip that the permanent bets sponsored to Las Vegas... and the localized ones who are the ones. we contribute more, there!

 

Mayors of the country have denounced that even the FARC ( illegal armed group named terrorist by US government  ) are in charge of the illegal Chance in the regions of Tolima, Sucre and Nariño and this is well known by Coljuegos, so how do they intend to not respect resolution 2016000006944 that regulates the machines on the route and that has not taken off? because of the entity itself.

 

Be careful that this great goal is for the entire gaming industry, Coljuegos headed by Marco Emilio could open the entrance to money laundering from the street, I know that we all know that it is true. What how? Well, it's simple, if the machines that leave the casinos and the spells end up there, there is no way to control them. However, resolution 2016000006944 is very clear and concise and describes perfectly how the development of these elements should be, going through a laboratory and so Coljuegos knows every move, something very different from the Online systems that transmit from a Casino, since the design of these machines is server-slave and the entity has access to the program and the soul of the system.

 

How are we in the companies with the lack of leadership and proactivity of Coljuegos with the permits, are we going to have to fight against the mafia whatever it may be?

 

…Hey! Batteries that piss us all off.



Macau is waiting for its custom suit in gaming regulation. 

Legal confusions of the Dian

In March 2022, then Chinese Vice Premier Han Zheng, when meeting with a delegation of Macau representatives to the Chinese People’s Political Consultative Conference, expressed three hopes for the SAR, among which was assisting the Government in the amendment work of the city’s gaming law. The Vice-Premier could not have been more explicit in wishing that the local Government would do “a good job in amending the gaming law.”

 

It was one of the first times that a top leader in Beijing referred to the issue of gambling so explicitly. It will be said that other leaders, starting with President Xi Jinping, had already mentioned the issue beforehand, but just pay attention to what Xi said in 2014 (“it is necessary to better regulate the gaming industry” [with] “courage and wisdom”) to understand the differences.

 

Among the topics worth highlighting are: “cleaning up the entire casino sector; punishing those casino capitalists who crossed the border and committed cross-border crime as it is illegal to gamble in mainland China including marketing activities and online gaming or regulating the role and financial background of intermediaries or junkets in the casino industry.”

 

Considering the most important point, “diversifying the economy into new sectors without explicit heavy dependence and sole reliance on casino-driven capitalism, with the building up of Hengqin-Macau cooperation zone as a way out of the impasse.”

 

In other words, the law in force (“Amendment to the Gaming Law, 7/2022”) and the subsequent international tender were tailored to China’s requirements. That’s why Nelson Rose, a US-based leading gaming law expert, and with in-depth knowledge of Macau, states that “the influence of the PRC was not hidden.”

 

Beijing tolerates Macau casino capitalism to persist, but the conditions were laid out very clearly just a year before the renewal of all casino franchises.”

 

At the same time, Beijing also monitors who in the mainland often gamble in Macau casinos as some mainlanders have been seen as siphoning mainland treasuries and monies out of the mainland to Macau. As such, mainland authorities see Macau casinos as having potential and hidden threats to mainland economic security.

 

This was also why Beijing encourages and requires Macau to diversify its economy ‘suitably,’ a code word referring to the tolerance of casino capitalism in Macau with whatever degree of economic diversification it can and will achieve.



More Students Booking Bets. 

Legal confusions of the Dian

The growth of online sports betting has had a major impact on college life in recent years, according to reports, with gambling becoming an increasing part of many students’ lives.

Some experts are reporting that the ease of wagering has made the practice second nature among a mobile phone-focused generation, and some are feeling the effects of problem gambling.

Evan Ozmat, a doctoral student in psychology at the University at Albany, launched a counseling project in 2020 to work with undergraduate students about health issues. However, gambling turned out to be a common topic.

Since the beginning of the project three years ago, students have brought up, unprompted, gambling,” Ozmat told Time magazine. “We started asking about it in every appointment and everyone has something to say. It’s everywhere.”

 

More Students Booking Bets

Some experts have compared the newfound prevalence of on-campus betting to binge drinking. A recent study from the NCAA took a look at Americans ages 18 to 22 to study their gambling habits. The survey found that 60% have bet on sports with 4% admitting to wagering daily.

Another 6% reported losing more than $500 in a single day. Two-thirds of men have engaged in sports betting activities, according to the survey, as well as 51% of women.

Surprisingly, the legality of betting apparently wasn’t a factor. “Respondents living in areas where betting is legal versus those in areas where betting is illegal report taking part in each sports betting activity at nearly the same rate,” the report noted.

Reports estimate that as many as one in 10 college students are problem gamblers. Some students point to the positive aspects that come with betting, such as sustaining friendships, a love for sports, and staying invested with the on-field action.

Additionally, some note that many students do indeed bet responsibly. In the NCAA survey, about 60% of those who wagered reported betting in amounts of $20 or less. However, health experts believe this is a segment of the population to watch as sports betting continues to grow in popularity.

It becomes a normal embedded part of the culture and that has huge implications,” clinical professor of psychiatry and head of UCLA’s gambling studies program Dr. Timothy Fong recently told. “We’ve allowed it, but have we then kept up with educating that generation about what this activity really is?”

The American Gaming Association has recently pointed to the growth of the industry in recent years. The group predicted a record number of NFL bettors for the current season and pointed to sports wagering as major driver of record revenue for the gaming industry.



Technological Innovation is changing the panorama of Casinos. 

Legal confusions of the Dian

When you ask me, what innovation in your products has been best received by your customers?

 

I assimilate this answer directly with technology, since the latest technologies and platforms have characteristics such as flexibility and scalability, which attracts many clients who take advantage of this capacity to enrich the gaming experience. Customers are attracted to casinos for the gambling, food, entertainment, and social experience. For this reason, technological innovations are not clearly the drivers or motivators of interest in casinos.

 

Although some of the applications that use AR/VR can improve the experience, making it more attractive to younger people, but tangible services and products must remain competitive. However, digital table games are starting to make appearances in casinos, and I think they are already challenging some of the analog formats in that they can be a gateway product. I don't see them as a replacement, but perhaps they can increase the experience for a different type of player.

 

Continuing this link of the types of games that have also carved out a space in casinos it is worth mentioning the skill-based slot machines, which remain challenging because they do not necessarily address the reasons why people play which is the random.

 

Although I don't think skill-based machines will be a significant growth area, they can add value by enriching the slots environment.

 

Additionally, table games satisfy the element of skill in the game, as blackjack and poker incorporate some level of skill, combining chance and decision-making to offer a truly exciting and volatile gaming experience.

 

Finally, omnichannel has been the industry buzzword for some time now to tie together available technology, extending services beyond your casino walls to areas that benefit from technology. A clear example of this is the use of mobile and interactive platforms, advertising them through promotions to generate loyalty.


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