DIAN sets 2026 as the first observation period

Markets 2026-01-09 18:06

Colombia’s National Directorate of Taxes and Customs (DIAN) has introduced stricter regulatory requirements for crypto users, as mandated by the OECD. The tax authority is taking a firmer stance towards the total surveillance of crypto assets through Resolution 000240, requiring exchanges to disclose their users’ transaction details.

Law firm Holland & Knight noted that DIAN published Resolution 000240 of December 24, 2025, in compliance with Law 1661 of 2013 and the Multilateral Agreement for the Automatic Exchange of Information under the Cryptoasset Reporting Framework (CARF). Cryptoasset Service Providers (PSCA) are required to provide the regulator with all the information on crypto transactions exceeding $50,000 in Colombia starting in 2026.

PSCAs subject to reporting must also electronically report to the Colombian tax authority the types of crypto assets involved in each transaction. The regulation further establishes the descriptions of who constitutes a reportable person and who is excluded from reporting. Its goal is to prevent the use of crypto for tax evasion.

DIAN sets 2026 as the first observation period

DIAN disclosed that this year will be the first full observation period, although the resolution came into effect late last year. Users are, therefore, reminded that every transaction they make will be recorded by the crypto service providers for submission to DIAN. The tax authority has disclosed that May 2027 is the deadline for crypto-related platforms to submit their first major mass report.  

Meanwhile, the Colombian Tax and Customs Authority had already required individual users to declare crypto assets on their income tax returns as occasional gains or as part of their net worth prior to this ruling. However, the reporting remained voluntary.

On the other hand, the new regulatory requirement is broad, affecting both legal entities and individuals acting as intermediaries. However, Holland & Knight notes that the average citizen should be more concerned about the automatic alerts to DIAN for retail payment transfers over $50,000. 

DIAN will also electronically process information about individuals’ tax residences and their net balances (excluding commissions), even if the users do not reach the $50,000 threshold. Failure to report or providing inaccurate information will lead to fines of up to 1% of the unreported transaction’s total value.

Holland &Knight says timeline strictness leaves no room for doubt

The law firm recently pointed out that the strictness of the timeline leaves no room for doubt, as transparency is now a mandatory legal obligation. The firm recommends that crypto users living in Colombia maintain transparency and order in their transactions. 

Holland & Knight specifically advises crypto users to keep a personal record of their buy and sell prices for crypto assets. The lawyers believe this is important since DIAN may need this information for cross-referencing. Users must be able to explain the origin of their crypto assets.

According to the law firm, Colombia is closing the gap between tax control and technological innovation. That means a more regulated market for investors and a formal channel for incorporating digital wealth into the state’s tax system. 

However, the law firm also clarifies that all submitted information must comply with the rules governing updates to the Single Taxpayer Registry. All entities operating under this regulation are also responsible for updating and correcting the information as necessary and for retaining it for a specified period.

Meanwhile, crypto users in Colombia should be aware that their on-chain information will no longer be private, according to Holland & Knight. Users who buy, sell, or transfer digital assets, such as Bitcoin, Ethereum, or stablecoins, will have their information shared between crypto asset service providers and the DIAN, starting with the 2026 tax year.

The Crypto Council for Innovation has observed that Colombia is keen on advancing crypto-related regulation with the aim of formalizing the sector. Colombia ranks 29th in terms of crypto adoption, with more than five million Colombians owning crypto assets. Many crypto users utilize the Wenia centralized platform, which is incorporated in Bermuda.

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This content is for informational purposes only and does not constitute investment advice.

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