
UK Colombia Tax Residence: Key Double Tax Rules Explained
Most Colombians arriving in London assume their flight ends their Colombian tax exposure. It rarely does. In practice, the double tax convention in force since 2020 often does less work
Our office in Bogotá advises two kinds of clients: those coming to Colombia – to live, retire, invest, marry or inherit and Colombian families whose money, children or property have moved abroad.
Both journeys raise the same question in two directions: where are you resident, what is taxed where, and what happens to the estate.
We answer it from both ends, in one place. Advice on Colombian law is given by our abogadas in Bogotá; on English law by counsel regulated by the Bar Standards Board; on Spanish law by abogados of the ICAM; and on Irish and European Union law by a European Registered Lawyer at the Bar of Ireland.
Del Canto Chambers Provides legal services and offer advice to our clients coming to Colombia and those leaving:
Every lawyer in the practice is regulated by the professional body of the jurisdiction in which he or she is qualified, and advises on the law of that jurisdiction. Where a matter spans more than one country it is divided accordingly, and each part is given by the lawyer qualified to give it. Advice on Colombian law is given by the abogadas of the Colombian legal team, admitted in Colombia and subject to Ley 1123 de 2007.
Enquiries are received by the clerk, who directs the matter to the right lawyer. If you are unsure which that is, ask the clerk: clerk@delcantochambers.com.
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Advice on Colombian law is given by Mónica Navarro, Lina María Carrero and Tatiana Franky León, each an abogada admitted in Colombia, holding a tarjeta profesional issued by the Consejo Superior de la Judicatura and subject to Ley 1123 de 2007.
Advice on Colombian law is given by the abogadas of the Colombian legal team in Bogotá, each admitted in Colombia and holding a tarjeta profesional issued by the Consejo Superior de la Judicatura. Every lawyer in the practice advises on the law of the jurisdiction in which he or she is qualified, under the regulator of that jurisdiction.
Ask the clerk. Every enquiry, whatever the country, is received by the clerk at clerk@delcantochambers.com, who directs the matter to the lawyer qualified in the jurisdiction concerned.
Broadly, on remaining in the country for 183 days or more, continuously or not, within any period of 365 consecutive days, under article 10 of the Estatuto Tributario. Where that period straddles two years, residence is attributed to the second.
The Visa M as spouse or permanent partner, under the visa rules currently in force. It requires the marriage or unión marital de hecho to be registered in Colombia, with apostille and official translation of foreign documents.
It depends on where the assets are and where the deceased was domiciled; immovable property in Colombia is dealt with under Colombian succession law and through Colombian proceedings. A will made abroad does not by itself transfer Colombian real estate.
It applies to Spain and to the other participating Member States, and allows a national of a third State to choose the law of his nationality. Ireland, Denmark and the United Kingdom are not bound by it, so an Irish or British element has to be dealt with under the ordinary conflict rules.
By exequátur before the Sala de Casación Civil of the Corte Suprema de Justicia, under the Código General del Proceso. It is a separate proceeding and has to be planned for, not assumed.
Colombia, England and Wales, Spain and Ireland, in each case through lawyers with rights of audience before the courts concerned.
Del Canto Chambers has a specialised team ready and eager to support you to apply for Spanish nationality. If you are interested in applying and would like to know if you are eligible, we would be delighted to help you.
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