Gobierno Petro aprovechó la emergencia económica para cobrar otros dos nuevos impuestos a las empresas: “Deudas que no corresponden”

The government of Gustavo Petro established two new taxes on electricity generators through Legislative Decree 044 of 2026 during the economic emergency. The measures include a 2.5% parafiscal energy contribution on pre-tax profits aimed at strengthening the Business Fund, along with a 12% in-kind compensation on energy sold in the Wholesale Electricity Market, intended to ensure the operation of intervened companies.

The first burden involves a mandatory parafiscal contribution for generating companies, calculated based on pre-tax profits reported the previous year.

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According to Decree 044 of 2026, in cases of mixed activities, “the tax base will correspond exclusively to the profit attributable to the provision of the public residential energy service in the generation activity.” The funds will go toward strengthening the Business Fund managed by the Superintendence of Public Services.

The second tax requires water generation companies participating in the Wholesale Energy Market under centralized dispatch to deliver, as an in-kind compensation, 12% of the energy actually sold on the exchange. This energy is earmarked to ensure continuity of service in companies intervened by the Superintendence of Public Services. The contribution is settled monthly and distributed proportionally among the companies under administration.

The government justifies these measures by claiming that the Caribbean region faces a serious crisis in electricity service provision due to the financial fragility of several operators and the need for administrative interventions. The regulation indicates that this scenario jeopardizes the continuity, reliability, and security of energy supply for users.

Estimates suggest that the parafiscal contribution should yield around $300 billion for the Business Fund. This amount adds to recognized debts of $1.2 trillion between thermal generators and the intervened Air-e, plus another $500 billion in obligations throughout the energy supply chain.

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Additionally, the decree states that for hydro-generators, the energy contribution comes with a discount on the income tax. However, organizations such as the National Association of Generating Companies (Andeg) argue that the structure does not provide a fundamental solution to the financial problems of companies like Air-e, which has been intervened for over 17 months in Atlántico, Magdalena, and La Guajira.

Specifically, the president of the union, Alejandro Castañeda, criticized the legality and economic impact of the new taxes. “Decree 044 of 2026 is confiscatory and presents serious legal flaws, as it compromises the financial sufficiency of generating agents and shifts the burden of debts that do not belong to them,” he declared.

He further warned that “in the case of thermal plants, these measures worsen systemic risk and threaten the continuity of energy service in the country.”

This stance reflects the concerns of part of the sector regarding the immediate and long-term effects of the new taxes, both on market sustainability and investor confidence. The union maintains that taxing already committed profits and shifting part of the financial deficit burden to generators undermines the financial sufficiency of companies and weakens legal security.

Regarding the 12% energy compensation, sector representatives warn that the account cross-checks and distribution between intervened companies distort operational functioning and do not address the root cause of the crisis. Castañeda emphasized that “these measures worsen systemic risk” and raised alarms about potential impacts on service continuity in the country, especially during periods of high demand or low hydropower reserves.

In response, Andeg requested the Constitutional Court to urgently review Decree 1390 of 2025, which proclaimed the economic emergency, and Decree 044 of 2026, due to the structural implications that could affect the sustainability of the electricity sector and confidence in its regulatory framework.

Meanwhile, the Colombian Association of Electric Power Generators (Acolgen), led by Natalia Gutiérrez, stated that these decisions make it more difficult to obtain financing, disincentivize new investments, violate international treaties, and may be seen as a form of expropriation.

In a statement, the union emphasized that over the past 30 years, generating companies have invested more than $140 trillion to ensure that Colombians have reliable energy. Furthermore, the country needs to invest between $10 and $13 trillion annually to ensure energy supply in the future.

“Abruptly changing the rules undermines the trust needed to continue investing, especially at a time when Colombia faces a risk of energy firm shortages that, according to XM data, could reach -3.5% in 2027,” they pointed out. They added that if new plants are not constructed, the electrical system weakens and the risk of supply issues in subsequent years increases, affecting not just the sector but also households, businesses, and national competitiveness.

The situation in the Caribbean Coast is neither sudden nor unforeseeable, as the decree acknowledges, making it reasonable to question the necessity, exceptional nature, and proportionality of the adopted measures; in this sense, Acolgen respectfully urged the national government to reconsider these decisions and address sector challenges through standard institutional mechanisms, with technical dialogue, planning, and clear regulations that ensure legal security.