In Haddad’s victory, the Senate approves Perse with a fixed ceiling of R$15 billion

The plenary of the Federal Senate approved, this Tuesday (30), the bill that changes the rules of the Emergency Program for the Resumption of the Events Sector (Persian). The vote took place after a retreat by the rapporteur of the matter, senator Daniella Ribeiro (PSDB-PB), who decided not to promote changes in the version approved by the Chamber of Deputies.

The movement took place after members of the government of President Luiz Inácio Lula da Silva (PT) entered the field to avoid further dehydration in the project, which is treated by the economic team as a priority in the search for balancing public accounts. With this, the text now goes to presidential sanction.

The initial plan of the Minister of Finance, Fernando Haddad (PT), was to revoke the benefit created during the Covid-19 pandemic for the events and tourism sectors, but pressure from parliamentarians caused the government to back down and present an alternative path. , with the limitation of the scope of public policy.

The matter was removed from the provisional measure (MPV 1202/2023) published by Lula at the end of last year and began to be discussed in the form of a bill. According to the version approved by deputies last week and now by senators, a ceiling of R$15 billion is established for Perse tax incentives.

The rapporteur in the Federal Senate, Daniella Ribeiro, even filed an opinion in which she readjusted the value of the limit for the program according to the official inflation index, starting in April 2024 − which would increase the impact on public accounts and harm the search for the federal government for meeting the target of zeroing the primary deficit in 2024.

But after conversations with representatives of the sectors involved and a meeting with Haddad, the parliamentarian agreed to remove the device.

As it was approved without modifications in relation to what was sent by the Chamber of Deputies, the bill now goes to President Lula for sanction, without the need for new analysis by federal deputies − a move that could bring new uncertainties to the topic and delay an expected outcome.

The project submitted for analysis by the Presidency of the Republic also reduces from 44 to 30 the economic activities − provided for in the National Classification of Economic Activities (CNAE) − covered by Perse.

They are: hostels, campsites, guesthouses; film production company for advertising; car rental with driver; passenger road charter and tour organization; maritime transport of passengers by cabotage, long-haul or waterway for tourist tours; and museum activities and exploration of historic places and buildings and similar attractions.

The approved substitute also determines bimonthly disclosure, by the Federal Revenue, of tax expenses caused by tax exemptions for the five taxes involved (IRPJ, CSLL, PIS and Cofins) by economic activity. It also establishes the termination of the program in the month following proof by the federal government that the R$15 billion has already been spent. Tax reduction amounts that are the subject of legal discussion that has not become final and unappealable must be detailed in the report.

As the provisional measure that provided for the repeal of Perse was in force, and companies must pay normal rates until the MP or project is converted into law, the amount of PIS/Cofins and CSLL paid by beneficiaries during this period may be offset against debts related to federal taxes, due or due, or even refunded in cash, subject to specific legislation.

In the case of companies excluded from Perse after the publication of the future law, the text does not specify the exact period around which they would be entitled to this compensation, as it maintains for them the full rate that the MP imposed since April this year.

Unlike the version defended by the government in the bill, the approved text allows companies to be taxed based on real profit (with revenues greater than R$78 million and the possibility of deductions) or arbitrated profit (generally used by the tax authorities due to lack of bookkeeping) can count on all the benefits of Perse in 2024. But, in 2025 and 2026, they will be restricted to reducing PIS and Cofins.

To avoid double benefits due to tax rules in force before the program, these companies will have to request authorization from the IRS within 60 days after the regulation.

In this qualification, they must inform whether they intend to use the tax reduction or whether they intend to use accumulated tax losses, negative CSLL calculation basis and PIS/Cofins credit discounts in relation to goods and services used as input.

The text grants a period of 30 days for the Revenue to express its opinion in favor or against the qualification, under penalty of automatic qualification. In any case, it may be canceled if the legal entity no longer meets the requirements.

Taxpayers who applied Perse exemptions with irregularities in the Cadastur or without having the right due to problems with the Cnae will be able to adhere to self-regularization within 90 days after the regulation of the future law, without incurring late payment and ex officio fines.

With this mechanism, regulated by Law 14,740/23, companies can also use the tax losses and the negative basis of the CSLL to pay off 50% of the debt in cash, and can even use losses from subsidiaries or affiliates. What’s left can be paid in 48 monthly installments, adjusted by the Selic rate plus 1% in the month of payment for each one.

(with Agência Câmara)