Double taxation: the questions a Canadian buyer settles before buying in Crespo

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 Canadian 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.

The money usually leaves in Canadian dollars and arrives converted, so the transfer crosses two banks and a currency conversion before it enters the Colombian exchange market with its declaración de cambio. Ask your bank in writing which beneficiary details it requires, and ask the Banco de la República how registration of foreign investment works, because a transfer that arrives wrongly recorded is fixed afterwards and at a cost. The power of attorney for signing from abroad is granted either before a Colombian consul or before a notary in your province and then apostilled; since the apostille depends on the country being party to the Hague Convention, the Cancillería is who confirms which seal your document needs and which provincial office issues it. Visas and the cédula de extranjería are a question for Migración Colombia, not something to infer from what another buyer told you. The tax question to settle is whether a treaty exists between Colombia and your country and what it says about rental income and about ganancia ocasional, and it is settled with an accountant in each country before you sign the promesa de compraventa, not in next year's return.

Here the file is complicated by a neighbor nobody negotiates with: the air terminal. The neighborhood sits under the approach path, so a building project is not reviewed only by the curaduría urbana, the private office that grants permits, but also by the civil aviation authority, which sets the obstacle limitation surfaces, and by the operator running the airport under concession. That reorders the procedure: before buying with any plan to add height, request the land-use opinion from the District and ask about the aviation ruling, because that is where a seller's assumptions collapse. On top of height there is noise exposure, which never appears on the certificado de tradición y libertad, the registry history and encumbrance certificate, and does appear in the airfield regime, so the exposure sits in the rules over the land rather than in the title itself. The counterparty differs too: a formal neighborhood of long-standing owners, with unsettled sucesiones, estate proceedings, and houses carved into several apartments without registering the split, so compare the original permit against what stands before accepting a per-unit valuation.

What is specific to Crespo

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 Canadian buyer has to settle before closing: which beneficiary details your bank requires, and how the foreign investment ends up registered with the Banco de la República; whether an apostille from your province is enough or you need a power of attorney before a Colombian consul, checked with the Cancillería and whether a treaty exists between Colombia and your country, 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 Canadian 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 Crespo belongs to

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

Updated 2026-11-06