In many cases, yes: a Colombian resident's contribution to an LLC abroad is analyzed as a Colombian investment abroad, and the foreign exchange regime requires it to be registered. Depending on how the contribution was made, registration is satisfied by the exchange declaration filed by the bank or by a registration declaration in the Banco de la República's foreign exchange information system. Ligal reviews your case with lawyers and accountants on one team.
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Anyone who forms an LLC in the United States and sends money to it from Colombia usually thinks about taxes, but there is an obligation of a different nature: foreign exchange registration. The regime for international investments is in Decree 1068 of 2015 (amended by Decree 119 of 2017), article 2.17.2.5.1.1 and following, which includes Colombian investment abroad, and it is developed in External Resolution 1 of 2018 of the Board of Directors of the Banco de la República and in External Regulatory Circular DCIP-83 of the Banco de la República, Chapter 7. Under section 7.3.1 of that circular, direct Colombian investment abroad made in foreign currency is deemed registered by the exchange declaration for international investments filed through the foreign exchange market intermediary, that is, the bank through which the transfer was channeled. That is why it matters how the contribution was made: if the dollars left through a bank and the exchange declaration was filed, registration has already been met; if no foreign currency was channeled, the story is different.
Investments made without channeling foreign currency (for example, a contribution made with funds that were already abroad, a contribution in kind or a capitalization) are registered in the Banco de la República's Foreign Exchange Information System through the international investment registration declaration. Substitutions and cancellations are also registered: when the LLC is liquidated or the interest is sold or replaced, the declaration of cancellation of international investments applies. On deadlines, Decree 1044 of August 5, 2026, which amended article 2.17.2.5.1.1 of Decree 1068 of 2015, allows the registration declaration to be filed with the Banco de la República at any time, both for initial or additional investments and for changes of holder or purpose and cancellations: for the latter there is no longer a maximum period. If the contribution was channeled through the foreign exchange market, the exchange declaration serves as the registration declaration. Foreign exchange infractions fall under the Superintendencia de Sociedades when direct Colombian investment abroad is involved (Decree 1746 of 1991) or under DIAN (Decree 2245 of 2011), depending on the operation. This registration is a different obligation from the LLC's income tax return and from the reporting of assets abroad (see /declarar-llc-eeuu-dian), but both must be consistent with each other. The circular is updated frequently (the latest amendment to Chapter 7 that we verified is dated August 25, 2026, Bulletin 22), so you should always confirm its current text before acting.
Key points on registering the investment in your LLC
Ligal reconstructs how the money was contributed to the LLC, determines which registration applies and aligns it with the tax information, without promising results.
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We organize the transfers, contributions in kind, capitalizations and funds that were already abroad, and verify whether each one went through a bank with an exchange declaration or was made without channeling foreign currency.
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We determine whether the investment is deemed registered by the exchange declaration, whether the international investment registration declaration is missing in the Foreign Exchange Information System, or whether there are substitutions to report.
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LIGAL Auditores and Jeysson Pulido reconcile what is registered with the Banco de la República against the LLC's figures and against what is declared in Colombia, so there are no contradictions between one obligation and the other.
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We prepare the declaration of cancellation of international investments when the LLC is liquidated, and we accompany the client if the Superintendencia de Sociedades or DIAN, depending on the operation, asks for explanations about a possible foreign exchange infraction.
Registering the investment in an LLC cuts across foreign exchange law, the entity's accounting and the income tax return; that is why it is reviewed by a team fluent in all three.
Director · Tax lawyer ex-DIAN
Leads the legal strategy: defines which foreign exchange registration applies, how it fits with the LLC's tax information and how to respond if an authority asks about the registration.
Accountant · Traceability of transfers and figures
Reconstructs each contribution, its date, its value and its channel, and reconciles those figures with the LLC's books and with what appears in the returns filed in Colombia.
Certified public accountants · Law 43 of 1990
Prepare accounting support for the contributions, the capitalizations and the liquidation of the LLC, which backs the registrations and the explanations given to any authority.
That the LLC is small, new or inactive does not by itself remove the need to review the foreign exchange registration. First we verify how the money left and what was registered.
An incomplete registration is not automatically an infraction: it depends on the type of operation, the dates and what is already on record. We analyze each case before concluding anything.
The foreign exchange circular is updated frequently. We always confirm its current text before recommending a registration, a cancellation or a correction.
When a Colombian resident forms an LLC in the United States and contributes capital to it, Ligal reviews end to end the registration of that investment with the Banco de la República and its consistency with the income tax return and the reporting of assets abroad. Juan Santiago Rodríguez Prieto, a tax lawyer and former DIAN official, leads the strategy together with accountant Jeysson Pulido and LIGAL Auditores (certified public accountants, Law 43 of 1990), with lawyers and accountants on one team. Ligal is the reference firm in tax law in Colombia, with more than 100 successful refunds and a Google rating of 5.0 / 5. If the review uncovered criminal risk for undeclared assets, Ligal also leads that defense end to end, coordinated with the defense before DIAN.
Please note: no result is guaranteed; each case depends on the facts, the dates and the available evidence. The foreign exchange circular is updated frequently: we confirm its current text in every case.
Director
Juan Santiago Rodríguez Prieto
Tax lawyer · Ex-DIAN
We review how the money was contributed to your LLC and which foreign exchange registration applies within 48 business hours. Use the form or open the Diagnosis.
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TodayWe review the transfer receipts, any exchange declarations you have, the LLC's formation documents and the date of each contribution.
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48 business hWe check whether each contribution is deemed registered by the exchange declaration, whether there was investment without channeled foreign currency and whether any substitutions or cancellations are pending.
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ImmediateWe define which declaration to file with the Banco de la República and how to keep it consistent with the income tax return and the reporting of assets abroad.
Frequently asked questions
In general yes, if you are a Colombian resident and contributed to the LLC: that interest is analyzed as a Colombian investment abroad, subject to the international investment regime of Decree 1068 of 2015 (amended by Decree 119 of 2017). If the contribution was made in foreign currency through a bank with an exchange declaration, the investment is deemed registered by that declaration; if no foreign currency was channeled, it has to be registered in the Foreign Exchange Information System. Each case depends on how the contribution was made, so a diagnosis is advisable.
It is deemed registered by the exchange declaration for international investments filed through the foreign exchange market intermediary, that is, the bank that channeled the transfer (External Regulatory Circular DCIP-83 of the Banco de la República, Chapter 7, section 7.3.1). That is why it is important to keep that exchange declaration as support for the registration. If the transfer was made without going through the foreign exchange market, the analysis changes.
Investments without channeling foreign currency, such as a contribution made with funds that were already abroad, a contribution in kind or a capitalization, are registered in the Banco de la República's Foreign Exchange Information System through the international investment registration declaration (Circular DCIP-83, Chapter 7). They are not deemed automatically registered by an exchange declaration, because they did not go through the foreign exchange market.
There is no maximum period. Since Decree 1044 of August 5, 2026 (which amended article 2.17.2.5.1.1 of Decree 1068 of 2015), the registration declaration for international investments can be filed with the Banco de la República at any time: initial or additional investments, changes of holder, purpose or receiving company, and cancellations. If the contribution was made in foreign currency channeled through the foreign exchange market, the exchange declaration serves as the registration declaration. You should review the specific case and the current circular of the Banco de la República before acting.
Substitutions and cancellations of international investments are also registered: when the LLC is liquidated, the declaration of cancellation of international investments must be filed with the Banco de la República. Leaving the registration open can create inconsistencies, so it is useful to plan the cancellation together with the accounting and tax closing of the LLC (see /declarar-llc-eeuu-dian).
Failure to register can be the subject of an investigation for a foreign exchange infraction. Competence depends on the operation: it lies with the Superintendencia de Sociedades when direct Colombian investment abroad is involved (Decree 1746 of 1991) or with DIAN (Decree 2245 of 2011), depending on the case. An incomplete registration does not automatically mean there is an infraction, and Law 1739 of 2014, article 39, paragraph 1, provides that late registration of assets subject to tax normalization does not generate a foreign exchange infraction; that rule applies only to that case. We review each situation and the regularization strategy, without guaranteeing results.
No. They are different obligations: the foreign exchange registration is made with the Banco de la República, while the income tax return and the reporting of assets abroad are made with DIAN. What matters is that the figures and dates are consistent with each other. For the tax front see /declarar-llc-eeuu-dian; if there were undeclared assets, see /omision-activos-delito-tributario, where the criminal defense is also led by Ligal end to end.
Ligal is the reference firm in tax law in Colombia and reviews the registration of your investment with lawyers and accountants on one team. Under the direction of Juan Santiago Rodríguez Prieto, a tax lawyer and former DIAN official, together with Jeysson Pulido, accountant, and LIGAL Auditores (certified public accountants, Law 43 of 1990), we reconstruct each contribution, determine the registration that applies and align it with the tax information. We have more than 100 successful refunds and 5.0 / 5 on Google with 36 reviews: https://share.google/VVzMvULrOj8Mj52Au. No result is guaranteed.
Free. Attach the transfer receipts, any exchange declarations you have and the LLC's formation documents. We assess the channel of each contribution and the registration that applies.