The Colombian Constitutional Court has issued its ruling on a recent case that challenged the constitutionality of the tax base determination for CREE tax purposes under Article 22 of Law 1607 (2012), as it does not provide for the offset of carried forward tax losses. In its decision, the Court found that Congress had committed a legislative omission in the definition of tax base for CREE purposes, resulting in an excessive tax burden for taxpayers with losses, which is unconstitutional.
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