Ecopetrol faces COP 5.3T VAT and penalty ruling
Rhea-AI Filing Summary
Ecopetrol S.A. reports that Colombia’s National Tax and Customs Authority (DIAN) has issued Resolution 000571 confirming a prior assessment that Ecopetrol must pay certain Value Added Tax (VAT) on gasoline imports and a penalty totaling COP 5.3 trillion, plus late-payment interest accrued between 2022 and 2024.
The company reiterates its disagreement with DIAN’s interpretation of the applicable tax and customs rules and plans to pursue the corresponding legal actions under current regulations. Ecopetrol notes that the dispute has been handled in a collaborative framework with the authority and emphasizes its commitment to fully comply with customs and tax obligations while respecting the decisions of the competent authorities.
Positive
- None.
Negative
- DIAN confirmed a significant VAT and penalty assessment on Ecopetrol’s gasoline imports totaling COP 5.3 trillion plus late-payment interest for 2022–2024, creating a potentially material contingent liability.
Insights
Large VAT assessment creates a potentially material liability for Ecopetrol.
Ecopetrol discloses that DIAN has confirmed a VAT and penalty assessment related to gasoline imports totaling COP 5.3 trillion, plus interest for late payment accrued from 2022 to 2024. This represents a sizeable potential outflow if ultimately payable and is tied to DIAN’s interpretation of customs and tax rules.
The company clearly states it disagrees with DIAN’s interpretation and expects to pursue legal actions under current tax and customs regulations. Until there is a final ruling or settlement, the actual financial effect remains contingent on the legal outcome, but the disclosed amount signals meaningful exposure on historical transactions.
Ecopetrol highlights that the process has been managed collaboratively with the tax authority and reaffirms its commitment to comply with its obligations and respect decisions by competent authorities. Future company communications and periodic reports will be important to understand any court decisions, potential payment requirements, or accounting recognition related to the COP 5.3 trillion assessment and associated interest.
FAQ
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What did Ecopetrol (EC) announce regarding VAT on fuel imports?
How large is the VAT and penalty assessment DIAN confirmed for Ecopetrol (EC)?
Does Ecopetrol (EC) agree with DIAN’s VAT assessment?
What actions does Ecopetrol (EC) plan to take in response to the VAT assessment?
How is Ecopetrol (EC) describing its relationship with DIAN in this VAT dispute?
What commitment does Ecopetrol (EC) reaffirm in light of the VAT proceedings?
AI-generated analysis. How Rhea-AI works. Not financial advice.
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 6-K
REPORT OF FOREIGN PRIVATE ISSUER
PURSUANT TO RULE 13a-16 OR 15d-16 UNDER
THE SECURITIES EXCHANGE ACT OF 1934
For the month of January, 2026
Commission File Number 001-34175
| ECOPETROL S.A. |
|
(Exact name of registrant as specified in its charter)
|
| N.A. |
|
(Translation of registrant’s name into English)
|
| COLOMBIA |
|
(Jurisdiction of incorporation or organization)
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| Carrera 13 No. 36 – 24 |
| BOGOTA D.C. – COLOMBIA |
| (Address of principal executive offices) |
Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F.
Form 20-F x Form 40-F ¨
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1)
Yes ¨ No x
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7)
Yes ¨ No x
Indicate by check mark whether the registrant by furnishing the information contained in this form is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.
Yes ¨ No x
If “Yes” is marked, indicate below the file number assigned to the registrant in connection with Rule 12g3-2(b): 82- N/A
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
| Ecopetrol S.A. | ||||
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By: |
/s/ Alfonso Camilo Barco | |||
| Name: |
Alfonso Camilo Barco |
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| Title: | Chief Financial Officer | |||
Date: January 23, 2026
Update on the VAT proceedings related to fuel imports
Ecopetrol S.A. (BVC: ECOPETROL; NYSE: EC) (the “Company” or “Ecopetrol”) reports that on January 22, 2026, the Colombian National Tax and Customs Authority (“DIAN”) notified Ecopetrol of Resolution 000571 (the “Resolution”), in accordance with its interpretation and customs procedures. By means of this Resolution, DIAN confirmed its prior decision issued in the Official Correction Assessment 6224-2078 dated August 25, 2025, which mandated the payment of certain Value Added Tax (VAT) on gasoline imports and a penalty, which together amount to COP 5.3 trillion, plus interest for late payment, accrued between 2022 and 2024.
As previously communicated, Ecopetrol has expressed its disagreement with DIAN’s decision and interpretation of the laws. Given that such difference in regulatory interpretation between DIAN and the Company remains, Ecopetrol expects to pursue the appropriate legal actions in accordance with current tax and customs regulations.
This legal dispute has been managed in a collaborative manner and within a framework of joint work between the company and the tax authority. Ecopetrol reaffirms its commitment to fully comply with its customs and tax obligations and will respect the decisions issued by the competent authorities in resolving this matter.
Bogota D.C., January 23rd, 2025
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Ecopetrol is the largest company in Colombia and one of the main integrated energy companies in the American continent, with more than 19,000 employees. In Colombia, it is responsible for more than 60% of the hydrocarbon production of most transportation, logistics, and hydrocarbon refining systems, and it holds leading positions in the petrochemicals and gas distribution segments. With the acquisition of 51.4% of ISA’s shares, the company participates in energy transmission, the management of real-time systems (XM), and the Barranquilla - Cartagena coastal highway concession. At the international level, Ecopetrol has a stake in strategic basins in the American continent, with Drilling and Exploration operations in the United States (Permian basin and the Gulf of Mexico), Brazil, and Mexico, and, through ISA and its subsidiaries, Ecopetrol holds leading positions in the power transmission business in Brazil, Chile, Peru, and Bolivia, road concessions in Chile, and the telecommunications sector.
This release contains statements that may be considered forward-looking statements within the meaning of Section 27A of the U.S. Securities Act of 1933, as amended, and Section 21E of the U.S. Securities Exchange Act of 1934, as amended. All forward-looking statements, whether made in this release or in future filings or press releases, or orally, address matters that involve risks and uncertainties, including in respect of the Company’s prospects for growth and its ongoing access to capital to fund the Company’s business plan, among others. Consequently, changes in the following factors, among others, could cause actual results to differ materially from those included in the forward-looking statements: market prices of oil & gas, our exploration, and production activities, market conditions, applicable regulations, the exchange rate, the Company’s competitiveness and the performance of Colombia’s economy and industry, to mention a few. We do not intend and do not assume any obligation to update these forward-looking statements.
For more information, please contact:
Investors Relations Office
Email: investors@ecopetrol.com.co
Head of Corporate Communications (Colombia)
Marcela Ulloa
Email: marcela.ulloa@ecopetrol.com.co