10/1/2020
Recently, with the enactment of Law No. 14,043, which instituted the Emergency Program to support Jobs, Article 9 of Law No. 9,430, of 1996, was amended.
With this change, it became easier to deduct debts that are difficult to recover from the calculation base of Corporate Income Tax (IRPJ) and Social Contribution on Net Income (CSLL), reaching debts with no guarantee of more than R $ 100,000.00, as well as guaranteed debts, overdue for more than two years, of more than R $ 50,000.00.
In this sense, the simplification can be taken advantage of by companies opting for the real profit regime, whose annual turnover exceeds R $ 78,000,000.00. Thus, they no longer have the obligation brought by the previous law, which provided for filing a collection action so that later the deduction of such amounts would be made possible. Now, beat the protest of the debt in notary, which contributes to the reduction of the judicial demands in this sense.
It should be noted that the wording of the law indicates that the prerogative will only be granted for losses that occurred after October 2014. Therefore, companies that aim at deducting debts that occurred before the mentioned period will not benefit from the change.
With the facilitations granted by the new Law, companies that fit the expected requirements will have significant savings by reducing the judicialization and reducing the bureaucracy of the collection process.
Our tax area is available to provide clarifications on the subject.
Coauthors: Roberta Nasser Carceles e Thais Ribeiro Bernardes Casado
