El this article gives a brief presentation of the concept of powers of taxation and mentions the problems in central relations in other legal systems with regard to that power. It deals with the exercise and determination of fiscal power in the Colombian State, under the regime of the regenerative Constitution, and more specifically after the issuance of the 1991 Constitution; it proposes that the subject be regulated in a complementary way and points to the basic literature on the current state of the art. It focuses on the interpretations that coexist in the current scenario in which the Organic Law on Territorial Planning (Loot) has not been issued, and outlines the guidelines to be followed when issuing it. In this regard, the territorial fiscal power cannot be obstructed by organic legislation. Finally, it is close to the questions that will have to be addressed in the implementation of the Loot and the ideal scope of the exercise of the territorial tax power in terms of tax liability, without detracting from modern positions of the exercise of fiscal power.