8/4/2022
This Monday, August 1, 2022, National Treasury Attorney-General’s (PGFN) Directive No. 6,757/2022 was published, which regulates the conditions required for tax transactions in the collection of federal tax debts (enrolled debt and the FGTS contribution).
This measure is directly associated to the promulgation of Law No. 14,375/2022 last June, which promoted, among other aspects, substantial changes in the “Legal Taxpayer Law” (Law No. 13,988/2020), promulgated with the purpose of enabling the execution of amnesty measures involving the collection of debts from the Public Treasury – whether tax or not – by initiative of taxpayers and the Federal Revenue Service itself.
The most important changes brought by Law no. 14.375/2022 include:
I. For the purposes of settling the consolidated value of the debt, the taxpayer may avail the possibility to:
- use credits from tax losses (IRPJ) and negative calculation basis of the Social Contribution (CSL), up to the limit of 70% (seventy percent) of the remaining balance after the discounts are applied. In this case, the transaction may comprise both the use of credits held by the taxpayer and the joint obligor, of the controlling or controlled legal entity, directly or indirectly, or companies that are directly or indirectly controlled by the same legal entity; and
- use of court-older debt or credit rights with final decision for amortization of principal tax debt, fine and interest.
II. The possibility of a reduction of up to 65% (sixty-five percent) of the value of the debts to be transacted, instead of 50% (fifty percent), which was provided before the legislative change.
III. The concession of a period of up to 120 months to liquidate the debts to be transacted; and
IV. The fact that the discounts offered in the transaction hypotheses are not computed in the measurement of the social contribution’s calculation basis.
As we can see, there is no doubt that the changes made many of the conditions available to the taxpayer when adhering to one of the existing tax transaction modalities more flexible and expanded, symbolizing an important step for all those who wish to promote the regularization of their tax situation.
For now, the transactions by PGFN’s own initiative can already be joined by able and interested taxpayers.
However, an individual proposal on the taxpayer’s initiative can only be made as of November 1, 2022.
Our tax team is available to provide more information and guidance on these and other topics.
Coauthors: Phillipe da Cruz Silva, Tiago Zonta Guerreiro and Guilherme Rodrigues de Matos
