On 5 March 2019, the State Secretariat for International Financial Matters (SIF) published a Memorandum of Understanding (MoU) on the Agreement between the Swiss Confederation and the Republic of Colombia on the Avoidance of Double Taxation in the Area of Taxes on Income and Capital of 26 October 2007 (DTA Switzerland-Colombia).
The agreement refers to the difficulties and uncertainties which have arisen in connection with the issue of the Swiss forms in relation to Article 10, para. 2 (Dividends) and Article 11, para. 2 (Interest) of the DTA Switzerland-Colombia.
The agreement describes in detail how Colombia should issue the residence certificates in this context. This confirmation should state at what time or period the taxpayer was fiscally resident in Colombia and when the confirmation was issued.
The agreement should be applicable to all pending and future applications. Applications that have already been rejected due to the lack of a confirmation of tax residence on the Swiss form should be reviewed again on condition that a new application is submitted. The limitation period should be calculated on the basis of the first request.
