Análisis del efecto del impuesto al patrimonio en las decisiones de planeación tributaria y su impacto en el recaudo del impuesto sobre la renta de personas naturales residentes en Colombia (2023-2025)

Abstract

This paper analyzes the impact of the wealth tax in Colombia, made permanent by Law 2277 of 2022, on the tax planning decisions of individuals and its effect on income tax collection. It reviews current regulations, the principle of legitimate tax planning, and the most common strategies used by taxpayers, such as wealth fragmentation, investment companies, and asset adjustments. A distinction is made between legitimate planning, avoidance, and evasion, highlighting that avoidance arises from transactions lacking economic substance that seek to artificially reduce the tax base, while evasion involves the illegal concealment of information. Through hypothetical cases, the paper demonstrates how these practices erode the base of both the wealth and income taxes, undermining vertical and horizontal equity and reducing the efficiency of the tax system. Case law, particularly Ruling C-395 of 2024, confirms that the wealth tax must be evaluated according to the principles of equity, efficiency, and progressivity, although it keeps open the constitutional debate regarding its legitimacy as a permanent tax. In conclusion, the wealth tax has promoted more orderly wealth management, but it has also incentivized tax avoidance practices that affect revenue collection and fiscal fairness, thus requiring stronger state oversight and a periodic review of its regulatory framework.