After STJ decision, Revenue begins to notify 5 thousand companies to collect billionaire debt

[ad_1]

In April, the STJ decided that taxes should be levied on certain tax incentives given by states to companies and gave the federal government a favorable decision. Amounts due may be paid in installments. The Federal Revenue informed that it started this Thursday (10) to notify about five thousand companies that reduced the values ​​of the Income Tax (IRPJ) and of the Social Contribution on Net Profit (CSLL) in a way considered irregular. In April, the First Section of the Superior Court of Justice (STJ) decided that taxes should be levied on certain tax incentives given by states to companies and ruled in favor of the federal government (see more details below in this article). The tax authorities’ objective is to collect the amounts owed in the last five years, which could reach R$ 90 billion, according to the calculations of the economic team. In addition, with the decision of the STJ, companies will no longer be able to use this undue deduction in the coming years, which will help to increase the collection. The Federal Revenue estimates that the decision of the STJ, which allowed the collection of the last five years of taxes due, plus the amounts that will start to enter monthly in the public coffers, will result in an increase in collection of R$ 70 billion in 2023. For 2024 and 2025, the estimated annual inflow of resources is around R$80 billion and almost R$90 billion, respectively, according to calculations by the Federal Revenue Service. This is considered the main measure in the economic area to increase tax collection in this and the coming years, and make the adjustment of public accounts promised by the Minister of Finance, Fernando Haddad, feasible. In April, he estimated that, in order to make feasible the fiscal targets contained in the fiscal framework proposal, the new rule for public accounts, the government would need between R$ 110 billion and R$ 150 billion. Haddad has said that he wants to increase collection without increasing the tax rate, seeking to collect taxes from those who obtained undue benefits. Procedures The Federal Revenue informed that “it will give opportunity” for these debtor taxpayers to regularize their situation spontaneously, until the end of July of this year. The self-regulation of taxpayers before the beginning of the inspection procedure allows the collection of amounts without adding a late payment fine (20%) or an ex-officio fine (75% or more, which can be increased in the case of willful misconduct or fraud). In this case, the traditional Federal Revenue installment payment will be allowed, with interest charges (Selic). In the case of taxpayers who are already under inspection or already fined, the Tax Authorities reported that self-regulation allows for a reduction in increases, by up to 50% of the fine amount. The Federal Revenue reported that it will also be offered the possibility of paying in installments in up to 60 months and, in the case of taxpayers who have already been fined, with a reduction in fines and interest in case of adherence to the Zero Litigation Program. STF decision The action questioned whether companies can deduct tax incentives granted by states via ICMS from the federal tax calculation base (IRPJ and CSLL). This deduction, when carried out, reduces the federal tax base. Therefore, the Union collects less. With the decision, it will only be possible to deduct state subsidies linked to investments from the calculation base, provided that the legal requirements are proven. Therefore, subsidies linked to the cost of business activity cannot be deducted. Currently, grants given by states to companies are being used for current expenses. And these grants are deducted based on federal tax calculations that companies must pay. Finance Minister Fernando Haddad had been claiming that this would only be legal if tax incentives were used for investment, not funding.

[ad_2]

Source link