Modelo de Gobernanza Tributaria y Análisis Financiero-Fiscal: Caso Almacenes Éxito S.A. (2024–2025)

Abstract

The discrepancies in interpretation between the Colombian Tax and Customs Authority (DIAN) audits and the operations of Almacenes Éxito S.A. generate a significant tax risk that requires proactive management. This study examines the deductibility of expenses associated with intangible assets (IAS 38), co-branding, and transfer pricing transactions (Articles 107, 74, 143, and 260-1 to 260-11 of the Colombian Tax Code). These interpretive frictions not only compromise liquidity by immobilizing tax credits in current assets but also require the recognition of accounting contingencies under IAS 37 and IFRIC 23. Given this evidentiary vulnerability, the study proposes the structuring of a tax governance model (Tax Compliance) and a Risk Matrix focused on providing a technical basis for each transaction.

Methodologically, the research adopts a qualitative approach supported by documentary and financial data, structured in three stages: a jurisprudential analysis of the economic basis and potential of the expenditure (Unification Ruling 21329 of 2020 from the Council of State and the OECD's DEMPE guidelines), an examination of the company's public financial statements for the 2024 and 2025 periods, and the design of the control system. As a final contribution, a protocol for ex-ante evidentiary support is presented, along with operational guidelines for a Tax Compliance Committee. These tools are designed to demonstrate the economic substance of the transactions, provide legal certainty to corporate governance, and protect cash flow.