Gustavo Bolívar, director of Social Success in Colombia, presented a defense against Judge Felipe Alirio Solarte Maya, from the Administrative Court of Cundinamarca.
This lawsuit arises after the judge ruled for a request from Uribista’s adviser in Bogotá, Daniel Briceño, who wants Bolívar to make his income tax return public. Bolívar argues that this decision violates his rights to due process.
The dispute began when Briceño filed a defense against Bolívar’s initial refusal to provide a copy of his income tax return. Lawyer Claudia Liliana Quijano, head of the DPS Legal Advisory Office, presented the defense on behalf of Bolívar, insisting that the order of Judge Solarte Maya exceeds what is specified by the rules which governs the publication of income tax returns.
Behind this legal dispute is a transfer of property in Miami that Bolívar made to his son Santiago Bolívar for a symbolic value of 10 dollars. This move, made when Bolívar was still a senator, has raised questions about whether the commercial value of the building, estimated at more than three million dollars, should be included in the his income tax return. The director of Iris Semana, Vicky Dávila, explained that the transfer was made through a legal mechanism called “Quit Claim Deed”, which is valid in the United States.
The case has raised interest due to the recent approval of the estate tax in the 2022 tax reform, which has raised doubts about the transfer date of the property.
Above since then in 2020, General Gustavo Bolívar’s assets came to 8,428 million pesos, and his income tax return showed a tax payment of 236 million. This information will be relevant in the context of the legal obligation that public officials in Colombia have to publish the income tax return, as specified in Law 190 of 1995. Failure to comply with this regulation will Administrative sanctions and investigations by the Office of the Governor may follow. or the Attorney General’s Office.
Law 190 of 1995, known as the Anti-Corruption Law, establishes that all public servants must present and publish their income tax return. This measure aims to promote transparency and prevent acts of corruption within the public administration. Failure to comply with this duty may result in sanctions ranging from fines to disqualification from holding public office.
In this regard, and in response to Vicky Dávila, Bolívar explained in X, making sure that he always complied with his tax obligations in Colombia and the United States. According to Bolívar, he explained that his asset declaration is public and available in Sigep, according to the 2013/19 law that requires the senior officials of the State to publish that information.
In the context of questions about the transfer of 50% of property to his son, Bolívar clarified that this action was legal and necessary to regulate a mortgage in the United States. His son, a US citizen, received a loan of 1.69 million dollars to help Bolívar settle debts accumulated during his political career, including payments to Dian in Colombia for nearly 4 billion pesos in two successive agreements.
Bolívar confirmed that he had never evaded taxes and that he had always disclosed his assets to the tax authorities. Since June, that property has been in the name of a company that he and his son jointly own. In addition, Bolívar pays $60,000 a year in taxes thanks to the mortgage, which allowed him to catch up on overdue tax obligations.
The official also pointed out that the disclosure of assets abroad is an obligation that, if not fulfilled, includes a large fine. He made sure all his properties were properly named and even made a video five years ago showing these properties. These assets are also reflected in their asset statements.
Regarding property values, Bolívar mentioned that prices in Miami have increased significantly since the pandemic, and that the new tax value of $2.6 million will be reflected in his next statement. Currently, he holds 50% of the house and 33% of the flat, but now with associated debt, paying taxes in both countries.
Finally, Bolívar responded to requests for additional details about his income tax return, indicating that he is willing to request the same information from other members of the CD and Cambio Radical, as well as congressmen and former president, if he manages to reveal more. details of your tax position. By Infobae
