Liability of the Administrator in Hypothesis of Tax Inaccuracy La responsabilidad del administrador en hipótesis de inexactitud tributaria

Abstract

Colombian corporate regulations establish duties of conduct for the administrators of commercial companies, who in case of breaching them, may see their responsibility compromised. However, it can be affirmed that case law has established, especially by the Delegation for Commercial Procedures of the Superintendence of Companies and recently by the Supreme Court of Justice, the Business Judgment Rule as a standard for judicial review of the actions of administrators.

For its part, Colombian tax regulations provide several obligations for companies in their role as taxpayers, to which the administrator must comply despite the complexity, vastness, constant modification and specialty of tax regulations, which , not infrequently it is reviewed by the tax administration, resulting in official determination processes due to inaccuracy or correction, leading to higher taxes to pay or lower balances in favor, penalties for inaccuracy or correction, late interest and even criminal proceedings.

This article proposes to address the liability of administrators in cases in which the company managed by them is subject to such determination procedures initiated by the tax administration.