Expat Lawyers in Colombia- Relocation, Tax & Employment

Holistic approach

Some examples of areas in which CMS can help:

• Employee agreements covering all employment law aspects of the international assignment lifecycle in the relevant jurisdiction from initial assignment through to termination;
• Application for the required permits to reside and work in the country, both for expats and their family members;
• Mobility policies;
• International assignment services;
• Termination of international assignment services agreements;
• HR data protection requirements;
• Determining the applicable pension scheme and managing pensions in different countries;
• Navigating the possibilities for international transfers of pension benefits and continued participation in another jurisdiction;
• Analysis of the applicable social security scheme(s) and the consequences thereof;  implementation of the preferred social security scheme;
• Tax optimisation of salary splits and employee benefits;
• Employers’ tax obligations, multi-state wage and income tax returns;
• Advising on minimising the tax exposure of foreign companies engaging a workforce in Colombia;
• Advising on currency control and taxes for companies and employees regarding retention programmes (offered by foreign companies to Colombia-based personnel);
• Taxation of expatriates / employees with cross-border activities, also concerning wage tax obligations of foreign companies (permanent establishment issues);
• Taxation of severance payments, company car taxation, travel expenses, benefits in kind and wage supplements, other wage tax liability of the employer;
• Structuring of employee participation programs (virtual and real shares/share options); and
• Tax procedural support for external wage tax audits, fiscal court and criminal or fine proceedings.

Fun fact

A word of caution: regarding the current Visas Resolution, the Ministry of Foreign Affairs can take 30 days to review a visa request, so it’s advisable for foreigners interested in applying for a Visa that allows them to work in the Colombian territory to submit their applications at least 40 days before they want to start working.

References

Airbus Colombia

We advised Airbus on labour law issues concerning expatriate managers and their benefits schemes and have assisted the migratory procedures in obtaining work visas for foreign employees. 

Elanco Animal Health

We have assisted Elanco Animal Health with the migratory procedures to obtain work visas for their foreign employees.

Decathlon

We have assisted Decathlon with the migratory procedures to obtain visas for the family members of expatriate employees. In addition, we advised Decathlon on tax matters regarding expatriates’ employees in Colombia.