Bill allows taxpayers to carry out the so-called incentivized self-regularization; measure goes to presidential sanction
The Chamber of Deputies approved on Wednesday (8.Nov.2023) the bill that allows the regularization of tax debts with the Federal Revenue Service with the exemption of late payment and ex officio fines. The proposal will be sent for presidential approval.
Authored by the Federal Senate, Bill 4287/23 allows taxpayers to carry out the so-called incentivized self-regularization. He can even use tax loss credits and negative calculation basis from CSLL (Social Contribution on Net Profit), whether owned by him or by a legal entity (controlling or controlled company), regardless of the field of activity.
Self-regularization will not apply to companies participating in Simples Nacional. It can be done within 90 days after the regulation of the future law, through the confession of the debt, including even that arising from decision-making orders from the Revenue that did not fully or partially approve requests for offsetting debts with credits.
The taxpayer may request the self-regularization of debts not yet incurred by the date of publication of the future law, including those for which inspection procedures have already been initiated.
The proposal was approved with a favorable opinion from the rapporteur, deputy Aguinaldo Ribeiro (PP-PB), who presented an amendment with wording adjustments. “It will serve both the taxpayer and the Brazilian State“, he said.
Entry and installments
To participate, the taxpayer in debt must pay at least 50% of the debt in cash and pay the remainder in up to 48 successive monthly installments, adjusted by the Selic Rate plus 1% for the month in which the payment is made. When calculating the debt to be paid in this way, in addition to the fines, the late payment interest incurred up to that point will be left out.
Regarding the use of the tax loss and the negative basis of the CSLL, which may occur to pay only the down payment, the text limits this use to the equivalent of half the debt. The Revenue will have 5 years to determine whether this procedure followed the rules. This entry can also be paid with your own court orders or purchased from third parties.
The approved project determines that companies will not include in the calculation base for IRPJ (Corporate Income Tax), CSLL, PIS and Cofins the amount equivalent to the reduction in fines and interest obtained with self-regularization.
With information from Agência Câmara.