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Awaiting Regulation for Adherence
The year 2023 has brought significant challenges for taxpayers in Brazil, marked by important decisions in the higher courts that impacted fiscal legal security. However, the enactment of Law 14,740/2023 emerges as a potential relief, offering the opportunity to settle debts with the Federal Revenue without the incidence of interest or fines. Although the law awaits the publication of a Normative Instruction for its effectiveness, experts such as Marina Pires Bernardes, a tax lawyer at CSA Advogados, advise early preparation by taxpayers to take advantage of the program’s benefits.
Evaluating The Tax Strategy
The program, still pending regulation, requires taxpayers to conduct a careful analysis of undisclosed debts and the tax strategy to be adopted. Marina Bernardes emphasizes the importance of being attentive to audits by the Federal Revenue, especially at the end of 2023, a period when the program’s benefits may be applied to settle debts.
Details Of Law 14,740/2023
Law 14,740/2023, applicable to individuals and legal entities outside the Simples Nacional, proposes a mechanism similar to Refis, allowing the regularization of unpaid taxes through confession and the payment of the owed amount with total exemption from fines and interest. To benefit from it, at least half of the debt must be paid upfront, with the possibility of using their own or third-party court orders and offsetting tax losses, dividing the remaining balance into up to 48 months.
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Conditions And Benefits Of The Program
The program includes non-constituted debts until November 30, 2023, and those generated between the publication of the law and the end of the adhesion period, which is 90 days after regulation. The payment conditions stipulate a minimum of 50% upfront, with the option to use court orders or tax losses, and the remaining balance payable in up to 48 months, corrected by Selic.
The benefits are attractive: 100% reduction in default interest, exclusion of default and office fines, and fiscal advantages in the assessment of taxes such as IRPJ, CSLL, PIS/PASEP, and COFINS related to the assignment of court orders and accounting losses. However, debts from Simples Nacional are excluded from this program.
This new program from the Federal Revenue represents a window of opportunity for the regularization of tax debts, offering favorable conditions and substantial benefits. While the regulation is not published, the recommendation is for taxpayers and companies to prepare to make the most of the advantages offered, reviewing their tax obligations and planning efficient tax strategies.
Source: Priscyla Costa.
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