Under MP 783, the individual or legal entity (public or private, including those under judicial recovery) that wishes to join the PERT must formalize its membership by August 31, 2017, and the debts to be regularized may: (i) arise from previous installments, which have been terminated or are still active; (ii) be under administrative or judicial discussion; or (iii) arise from an official assessment prior to or subsequent to the publication of MP 783.
Under the terms of the aforementioned program, taxpayers are granted the possibility of using their own tax credits related to federal taxes administered by the RFB, including tax loss credits and the negative basis of the Social Contribution on Net Income (“CSLL”), in addition to taking advantage of discounts on the amount of interest on arrears and late payment fines, whether ex officio or isolated.
In this context, debts under the PERT may be regularized by adopting one of the following alternatives:
May 31, 2017, Provisional Measure No. 783/2017 (“PM 783”), through which the Special Tax Regularization Program was created (“PERTS”) which allows the installment payment of federal debts of a tax and non-tax nature due by April 30, 2017 within the scope of the Brazilian Federal Revenue Service (“RFB”) and the Attorney General’s Office of the National Treasury (“PGFN”) with differentiated payment conditions and, in certain cases, with reduced fines and interest. The measure was taken in view of the imminent loss of effectiveness of Provisional Measure No. 766/2017 (“PM 766”), which established the Tax Regularization Program (“PRT”), whose membership period ended together with the effectiveness of the rule that established it, on June 1, 2017.
Under MP 783, the individual or legal entity taxpayer (public or private, including those in judicial recovery) who wishes to join PERT must formalize their membership until the 31th of August 2017, and the debts to be regularized may be: (i) result from previous installments, which have been terminated or are still active; (ii) are under administrative or judicial discussion; or (iii) originate from an official release prior to or subsequent to the publication of MP 783.
Under the terms of the aforementioned program, taxpayers are granted the possibility of using their own tax credits related to federal taxes administered by the RFB, including tax loss credits and the negative basis of the Social Contribution on Net Income (“CSLL”), in addition to taking advantage of discounts on the amount of interest on arrears and late payment fines, whether ex officio or isolated.
In this context, debts under the PERT may be regularized by adopting one of the following alternatives:
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RFB (debts not registered as active debt)
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PGFN (debts registered as active debt) |
| Tickets: 5 monthly installments successive in kind, due from August to December 2017, of no. minimum, 20% of the debt value.
+ Use of credits, including those arising from tax losses and negative CSLL calculation basis determined up to 31/12/2015 and declared up to 29/07/2016 + Payment of any remaining balance in up to 60 installments |
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| 120 monthly installments, without reductions on the value of fines and interest, observing minimum monthly values for each installment:
– 1st to 12th installments: 0,4% – 13st to 24th installments: 0,5% – 25st to 36th installments: 0,6% – 37th installment onwards: percentage corresponding to the remaining balance, in up to 84 installments |
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| 5 monthly installments successive in kind, due from August to December 2017, of no. minimum, 20% of the debt value
( 7,5% for debts equal to or less than R$15 million reais) + Cash payment with the remaining value in January 2018, with a reduction of: - 90% of interest, and - 50% of fines. OU Payment within 145 monthly installments January 2018, with a reduction of: - 80% of interest, and - 40% of fines, OU Payment within 175 monthly installments January 2018, with a reduction of: - 50% of the interest, and - 25% of fines.
Each installment will be: - equal to 1% of the previous month's gross revenue to the payment, and – higher than 1/175 of the total debt. If the debt is equal to or less than R$15 million reais, it is possible to use tax credits to pay it off, including those arising from tax losses and negative CSLL calculation basis determined up to 31/12/2015 and declared up to 29/07/2016. |
5 monthly installments successive in kind, due from August to December 2017, of no. minimum, 20% of the debt value
( 7,5% for debts equal to or less than R$15 million reais) + Cash payment with the remaining value in January 2018, with a reduction of: - 90% of interest, - 50% of fines, and - 25% of charges OU Payment within 145 monthly installments January 2018, with a reduction of: - 80% of interest, - 40% of fines, and - 25% of charges. OU Payment within 175 monthly installments January 2018, with a reduction of: - 50% of interest, - 25% of fines, and - 25% of charges. Each installment will be: - equal to 1% of the previous month's gross revenue to the payment, and – higher than 1/175 of the total debt . If the debt is equal to or less than R$15 million reais, this alternative authorizes the settlement of the remaining debts through payment in kind with real estate.
The use of credits arising from tax losses and negative CSLL calculation basis to settle debts registered as active debt is not permitted. |
