Following the constitutional challenge filed by members of Congress against Article 29 of the National Reconstruction and Economic and Social Development Bill, which introduces a tax stability regime applicable to both domestic and foreign investors, the Constitutional Court (TC, for its initials in Spanish) upheld the core elements of the provision, while limiting certain aspects:

1. The bill submitted to the TC included a list of sectors eligible for the benefit but left the list open-ended through the expression “among others.” The TC removed that phrase, thereby limiting the eligible sectors, which now include: mining, industrial, forestry, energy, infrastructure, telecommunications, research, technological development, medical, and scientific projects.

2. The Ministry of Finance’s discretionary authority to extend the deadline for bringing capital into the country was eliminated.

3. The possibility of extending the tax stability regime to projects connected to those covered by a previously executed investment agreement was also removed. As a result, the benefits of the regime may no longer be extended to related works, subsidiaries, or derivative projects that do not independently meet the US$50 million threshold required to qualify.

The amendments included by the TC provide greater stability and legal certainty to those who invest capital in our country, eliminating aspects that might fail to meet specific, objective, and predictable criteria.

Content updated as of August 2026.