Article 1.2.1.4.4. Requirements for the origin of the recognition of discount in income tax and complementary donations.For the recognition of the discount equivalent to 25% of the values donated in the income tax and supplementary for donations to the subjects referred to in article a 1.2.1.5.1.1. of this Decree and to the non-taxpayers entities that treat articles 22, 23 and 125 of the Tax Statute, it is required: 

1. That the beneficiary entity of the donation meets the conditions established in article a 125-1 of the Tax Statute, in the case of the subjects referred to in article a 1.2.1.5.1.1. of this Decree.
2.  That no later than one month after the donation is received, the legal representative of the granting entity jointly with the public accountant or tax auditor, if any, issue a certification addressed to the donor, stating: date of the donation, kind of donated property, value, the manner in which the donation was made and the destination of the donation. The value certified by the donor entity must correspond to the value actually received for the donation and may only be used by the donor. The content of the certification will be understood to be provided under the seriousness of the oath, it will serve as support for the tax deduction indicated here and must be available to the tax authority when it requests it.

Article 1.2.1.5.1.1. Subjects.They may be taxpayers of Income Tax and complementary to the Special Tax Regime referred to in Title VI of Book One of the Tax Statute, provided that they develop the meritorious activities listed in article a a 359 ibidem that are of general interest and that the community, the following entities: 

1. Associations, foundations and corporations incorporated as non-profit entities. 
2. Institutions of higher education approved by the Colombian Institute for the Promotion of Higher Education - ICFES, which are non-profit entities. 
3. Hospitals constituted as legal entities, non-profit. 
4. Non-profit legal entities that carry out health activities, provided they obtain permission to operate from the Ministry of Health and Social Protection, or by the competent authorities. 
5. Consumer leagues.

ART. 125. Deduction for donations. . The taxpayers of the income tax who are obliged to present income and complementary declarations within the country, have the right to deduct from the income the value of the donations made, during the year or taxable period, to:

1. The entities indicated in article a 22. 
2. Associations, corporations and foundations, non-profit, whose social purpose and activity correspond to the development of health, education, culture, religion, sports, scientific and technological research, ecology and environmental protection, the defense, protection and promotion of human rights and access to justice or social development programs, as long as they are of general interest.

The value to be deducted for this concept, in no case may be greater than thirty percent (30%) of the taxpayers net income, determined before subtracting the value of the donation. 

Art. 125-1. Requirements of the beneficiaries of the donations. When the beneficiary entity of the donation that gives right to deduction, is one of the entities consecrated in the second numeral of article 125,it must meet the following conditions:

1. To have been recognized as a non-profit legal entity and to be subject to official surveillance in its operation.
2. Have complied with the obligation to present the declaration of income and assets or income, as the case may be, for the year immediately prior to the donation.
3. Manage, in deposits or investments in authorized financial establishments, the income from donations.

Art. 125-2. Modalities of donations. The donations that give right to deduction must have the following modalities:

1. When money is donated, the payment must have been made by checking, credit card or through a financial intermediary.
2. When securities are donated, they will be estimated at market prices in accordance with the procedure established by the Superintendency of Securities. When other assets are donated, their value will be estimated by the acquisition cost plus the adjustments for inflation made up to the date of the donation, less the depreciations accumulated up to that date. (Modified Numeral Law 383 / art 27).

Art. 125-3. Requirements to recognize the deduction. In order for the recognition of the deduction for donations to proceed, a certification from the granting entity, signed by the Fiscal Auditor or Accountant, is required, stating the form, amount and destination of the donation, as well as compliance with the conditions indicated in the previous articles.

In no case will the deduction for donations proceed, when shares, shares or shares, securities, rights or claims, owned in entities or companies are donated (modified article Law 633/00 art.11).

 Art. 125-4. Requirements for deductions for donations. Deductions for donations established in special provisions will be granted under the conditions set forth in a Article 125 of the Tax Statute. artículo 125 del Estatuto Tributario.

For the purposes set forth in numeral two of article 125 of this Statute, donations made to parties or political movements approved by the National Electoral Council (added Law 223/95, art 86) will also be taken into account.