Análisis de la exención del Gravamen a los Movimientos Financieros (GMF) para pensionados en Colombia, en el marco del artículo 879 del Estatuto Tributario

Abstract

The financial transaction tax (GMF), commonly known as the 4x1000, constitutes a national tax in Colombia that applies to transactions carried out through the financial system. In this context, although Article 879 of the tax statute in its numeral 14, paragraphs 3 and 4, establishes an exemption from the GMF for withdrawals made from special pensioners' savings accounts and for those associated with complementary benefits through the marking of another account, its application by various financial entities is heterogeneous, resulting in undue charges and demands not foreseen by the law. Therefore, it is proposed to interpret the application of the exemption from the financial transaction tax established in the aforementioned regulation, in relation to withdrawals made by pensioners, in light of its treatment by financial institutions. This was done through a qualitative, documentary study based on a systematic review of regulations, case law, doctrine, and secondary sources, complemented by a comparison of practices reported by financial institutions and systematization in an analysis matrix. The legal framework and 18 relevant sources were consolidated, identifying errors such as requiring “marking” to apply the exemption in paragraph 3, segmenting pensioners by monthly allowance amount, and omitting the exemption.It was also specified that transfers between the special account and the designated account are exempt and that, if no other account is designated, the special account may enjoy up to 350 UVT per month exempt. The restrictive application of these benefits violates equity and may affect the minimum subsistence level; a systematic interpretation is proposed that distinguishes the exemption of 41 UVT regardless of designation and complements it with the general exemption of 350 UVT as well as with exempt transfers between accounts, urging entities to adjust their procedures and strengthen oversight to guarantee the rights of pensioners.