On November 30th, Law 14.740/23 was published, which provided for the encouraged self-regularization of taxes administered by the Special Secretariat of the RFB.
The Law covers enabling taxpayers to voluntarily regularize, before the Tax Authorities, debts relating to all taxes administered by the RFB, such as IRPJ, CSLL, PIS/Pasep and COFINS, as well as tax credits that may be created between 30.11.2023/90 .XNUMX and up to XNUMX days after the regulation of this Law, and which arise from notices of infraction, assessment notifications and decision-making orders that do not fully or partially approve the compensation declaration. Debts determined under Simples Nacional are not subject to self-regularization.
Taxpayers will be able to join the program between 30.11.2023/90/XNUMX and up to XNUMX days after the regulation of this Law, through the confession and payment or installments of the full value of the taxes confessed by them, plus interest, with the exclusion of the incidence of eventual late payment and ex officio fines.
As for the benefits, taxpayers who join the program will be able to settle their debts with a 100% reduction in late payment interest, by paying at least 50% of the debt in cash and the remaining balance, in up to 48 successive monthly installments. , plus interest equivalent to SELIC. The use of tax loss credits and negative CSLL calculation basis is limited to 50% of the total amount of the debt, which does not prevent the issuance of a tax regularity certificate. The value of the credits will be determined by applying the IRPJ and CSLL rates to, respectively, the amounts of the tax loss and the negative calculation basis.
According to partner Luiz Carlos Benner, a tax specialist, “the Law sheds light on taxpayers who owe taxes administered by the Special Secretariat of the Brazilian Federal Revenue Service of the Ministry of Finance. Without a doubt, an excellent opportunity for taxpayers to settle accounts with the tax authorities, with a reduction in fines and interest and being able to anticipate the realization of tax losses, which can be used to offset part of the debts. A great opportunity also for the Government, which will be able to improve its cash flow by collecting overdue credits, in addition to anticipating the realization of tax losses.”
Another important point to be observed, according to Benner, is the non-taxation of gains obtained through fine and interest discounts, by IRPJ, CSLL, PIS and COFINS. Recurrently, since 2000, when the first Tax Recovery Law (9.964 of April 10) was published, laws on tax recovery programs have also been published, but they are not always the ideal solution for companies. If a company is unable to generate cash to pay its current taxes, plus installments, it will not be able to truly recover. Another relevant point that is observed throughout these tax recovery programs is that the majority do not apply to companies opting for Simples, despite them playing a fundamental role in the economy. These companies, despite being small, cannot be neglected. In any case, the time has come for companies covered by Law 14.740/23 to do their homework, evaluate very carefully and determine what benefits they will actually have and, once confirmed, join the program.
To read the full Law 14.740 / 23, Click here:
https://www2.camara.leg.br/legin/fed/lei/2023/lei-14740-29-novembro-2023-795011-norma-pl.html
Are you up to date with this news? TATICCA has excellent specialists who can help your company understand and apply such credits in your operation.