Double taxation: the questions a Venezuelan buyer settles before buying in Bocagrande

A property in Colombia can carry tax consequences in two countries at once, and neither is settled at the sales office. What follows are not answers: they are the questions a Venezuelan buyer needs settled before signing, and who to put them to.

We do not state here which countries have a treaty with Colombia, nor what anyone is required to declare, and the reason is practical: those lists and rules get amended, and one wrong assertion would repeat across every page. What can be set out is how the problem is built. There are two tax administrations with their own rules; there are two moments treated differently —holding the property, with its rental income, and selling it, with its ganancia ocasional (the gain taxed on sale)— and there is a personal condition, tax residence, which is not chosen but determined by rules and which changes what is withheld and what is filed. The DIAN is the authority on the Colombian side; the other side needs an accountant in that country; and the Cancillería explains the apostille of the certificates each administration will ask the other for. The seller substitutes for none of those three conversations.

What decides this purchase is not the price but traceability: if the money has passed through accounts in third countries, every leg of that route has to be documentable, and the paperwork is assembled before the transaction starts, not when the bank asks for it. The transfer has to enter through the regulated exchange market with its declaración de cambio and be registered as foreign investment with the Banco de la República, and if the originating account is not in the same country as your identity document, ask the bank and the Banco de la República explicitly how that case is recorded. The poder for signing from abroad depends on where you live now rather than on your nationality: the Colombian consul in that country, or that country's apostille, with the Cancillería confirming which applies. Visas and the cédula de extranjería are for Migración Colombia, which is who distinguishes a stay permit from a visa. And the tax question is whether a treaty exists between Colombia and the country where you are tax resident, and what it says about rental income and about ganancia ocasional, with an accountant in each country.

Bocagrande works like a mature resale market, with consequences that do not repeat up north. The counterparty is almost never a builder: it is a long-standing owner or, very often, an unsettled sucesión, an estate proceeding, whose heirs live in different countries, so closing depends not on one power of attorney but on several, and on the partition among them. The registry record is old too: it was opened when the building was submitted to the condominium regime, it carries legacy entries such as cancelled mortgages, patrimonio de familia and afectación a vivienda familiar, both family-home protections, or lifted attachments, and the recorded area does not always match a current survey, so you compare the registry record against the deed and against the unit's floor plan. The peninsula is also land reclaimed from the sea under subdivisions the District authorized in their day, and the oldest deeds still carry references to those parcelaciones, the original platting. Day-to-day power sits with the owners' assembly and its manager, so in a tower with a long record of decisions the minutes and the status of the condominium's lawsuits matter more than the brochure.

What is specific to Bocagrande

What to verify, step by step

1. Ask the DIAN, about your own case, how tax residence is determined, what is reported in Colombia for holding the property and what is reported on its sale, and which withholdings apply to someone who is not a tax resident.
2. The questions a Venezuelan buyer has to settle before closing: that the money's full route is documented leg by leg before the transaction starts, third countries included; how the Banco de la República records a transfer whose originating account is not in the country of your identity document and whether a treaty exists between Colombia and the country where you are tax resident, and what it says about rental income and about ganancia ocasional, with an accountant in each country.
3. Take those same questions to an accountant in your own country and ask in writing whether a treaty exists between Colombia and that country and, if it does, what it says about rental income and about ganancia ocasional. That answer is theirs to give, not the DIAN's and not ours.
4. Ask the Cancillería which tax-residence certificates and which documents need an apostille or legalisation for one administration to accept them from the other.
5. Before transferring, confirm with the Banco de la República how the investment ends up registered, because the exchange registration is what later supports moving funds out, and the tax question is asked on that basis.
6. Decide with your accountant, before the promesa and not after, whether you buy personally or through a company, because the titleholder does not change without another deed.

Mistakes that cost money

• Asking about tax after signing. The structure of the purchase is decided beforehand, and it is the only part still open to choice.
• Assuming a treaty exists because someone said so in a buyers' group. Whether one exists, and what it says, is confirmed in writing by an accountant in each country.
• Believing that if tax was withheld in Colombia there is nothing left to do at home. There are two administrations and two separate filings; how they interact is exactly the question to settle.

Frequently asked questions

Is there a treaty between Colombia and my country?

We neither assert nor deny it here: the list is amended and a stale answer would cost you money. Ask the DIAN and an accountant in your own country, and get the answer in writing.

Will I pay twice on the same thing?

That is the right question and it has no general answer: it depends on your tax residence, on each country's rules and on whether a treaty exists. It is the conversation to have with an accountant in each country before signing.

Can a Venezuelan buyer handle this without an accountant?

The DIAN explains the Colombian side, but neither administration resolves the combination of the two for you. That is what the accountant in each country is for.

Where to check it

• DIAN — the tax ID, withholding on sale and the capital gains tax
• Cancillería de Colombia — current visa requirements and the apostille of foreign documents
• Banco de la República — registration of foreign investment and the official exchange rate
• Cartagena de Indias — the rules of the municipality Bocagrande belongs to

Official bodies. Specific figures are requested there, not copied from a listing.

Updated 2026-11-06