The International Marketing Companies (SCI) were created by Law 67 of 1979, with the aim of promoting exports, granting special incentives to national or mixed companies whose purpose is the marketing of Colombian products abroad.
One of the main benefits of these companies is the exemption from VAT on the purchase of Colombian products, provided that they are actually exported directly or once transformed, as well as the intermediate production services provided to such companies, provided that the final good is actually exported.
In recent years, through concepts issued by the DIAN and the Ministry of Commerce, Industry and Tourism (MINCIT) and the recently issued Decree 659 of 2024, differences in concepts have arisen regarding the treatment given to sales of SCI to Industrial Users of Free Trade Zones.
This is how the DIAN, through official letter 903357 of April 27, 2022, indicates that it is not legally viable for an SCI to enjoy tax benefits when sending goods acquired with VAT exemption to a free zone, indicating that the export must be made abroad by express legal provision.
For its part, the MINCIT, in its opinion of October 4, 2022, concludes that there is no restriction whatsoever for an SCI to comply with the regulatory obligation when exporting to a free zone, since the exit of goods from the national customs territory to a customs free zone is considered an export operation.
On the other hand, paragraph 2 of article 10 of Decree 659 of 2024 brings a new concern, since it indicates that on sales of merchandise made by a free zone user to an SCI, it will only be possible to issue a certificate to the supplier when the goods being sold are one hundred percent (100%) national or nationalized.
Given all of the above, it is worth asking whether the concepts and recent legal provisions are allowing the purpose of international trading companies to be fulfilled or, on the contrary, are restricting their operations and, consequently, the tax benefits that they have contemplated.
Source: Legal Matters
