Through Concept 013944 of 2026, issued on 14 September 2026, DIAN clarified that in a mercantile trust (fiducia mercantil), the trustor (fideicomitente) who is also a beneficiary (beneficiario) may claim the VAT discount (descuento tributario del IVA) paid on the acquisition of productive fixed real assets (activos fijos reales productivos) transferred to the trust. This interpretation relies on Article 258-1 of the Tax Statute, which allows the VAT discount for acquirers of productive fixed assets. DIAN reasoned that the trustor-beneficiary retains the economic substance of the acquisition and thus qualifies for the credit, even though legal title is held by the trust company.
Key Takeaways
- Trust Structure Does Not Block Credit: The interposition of a trust vehicle does not prevent the trustor-beneficiary from claiming the VAT discount, provided the assets meet the “productive fixed real asset” definition.
- Dual Role Required: The benefit applies only when the same party is both trustor and beneficiary; third-party beneficiaries cannot claim the trustor’s VAT credit.
- Documentation and Timing: The trustor-beneficiary must retain the vendor’s invoice, the trust agreement, and proof of asset classification to support the discount in its VAT return.
Disclaimer: This article is compiled and summarized by the AI based on publicly available information and is for general information purposes only. It does not constitute any form of formal tax advice, legal opinion, or basis for performance. Please consult a qualified professional tax advisor or legal counsel for tax advice.
Source: Read Official Announcement