Limited sale of Manzanares Yellow Spirits

Manzanares 24° Yellow Sugarless Spirit, also known as Yellow Spirit, is one of the most prominent products of the Caldas Liquor Industry (ILC), along with Caldas Old Rum and Cristal Spirit. Although this liquor can be purchased in several departments of the country, its distribution and marketing of the liquor is blocked in Bogotá, Cundinamarca and other regions of the country.

The problems in the distribution and sale of Yellow Spirits in Cundinamarca, Bogotá and other areas are due to the requirements that the liquor industries must obtain from the governors to sell their products in different departments. These permits have a duration of 10 years and can be renewed. The ILC has explained in a statement that these permits cannot be discriminatory or generate access barriers or arbitrary restrictions on free trade or free competition. According to the Liquor Law (Law 1816 of 2016), permits apply generally to all companies that wish to enter spirits into different territories.

In the specific case of Cundinamarca, the Caldas Liquor Industry (ILC) was granted a permit in 2017 that included Yellow Spirits. However, on June 6, 2023, the Directorate of Revenue and Tax Management, attached to the Ministry of Finance of the Department of Cundinamarca, issued Resolution 797 revoking the authorization for the entry of this product into the department.

The ILC has expressed its disagreement and considers that the revocation of the permit was carried out arbitrarily, since the legal process established for this purpose was not followed. Furthermore, the ILC affirms that they were not granted the necessary appeal and reconsideration resources to challenge this decision. The ILC announced that it will take legal action to request the annulment of Resolution 797.

Losses for the Caldas Liquor Industry

The ILC faces large losses due to the ban on the sale of Aguardiente Amarillo in Bogotá, Cundinamarca and other important departments such as Antioquia, Valle, Huila, Caquetá and Cauca. According to the ILC Manager, these restrictions are due to "gaps in Colombian Law that hinder the development of the liquor industry in the country."

Cundinamarca's decision to block the sale of Aguardiente Amarillo results in significant losses, estimated at 73,000 million pesos in taxes this year, affecting the resources allocated to the health of Colombians.

In addition, the ILC projects a loss of at least 55,000 million pesos in sales revenue and it is estimated that at least 5 million units will not be sold during the rest of the year. These figures represent a considerable impact on the ILC economy and its ability to generate resources for the health and development of the country.

Excessive, anachronistic and lacking supervision political control

The sale of liquor in Colombia is regulated by the departments, especially through the Department of Revenue of each governorate. These entities are responsible for establishing rules and regulations for the sale and distribution of liquor in their area of ​​jurisdiction. This includes the issuance of licenses, tax control, the issuance of stamps and the supervision of sales establishments and the implementation of measures to promote responsible consumption.

However, it is important to highlight that the lack of effective control and the diversity of regulations can generate situations of interdepartmental smuggling. This situation implies that the resources generated by liquor taxes are not collected appropriately, which negatively affects the funds allocated to health and education, among other intended purposes.

It is essential that control mechanisms be strengthened and effective policies are implemented to combat smuggling and ensure proper collection of liquor taxes. This would ensure that resources are correctly allocated to programs and services essential for the well-being of society.