Carf project forgives debts, say auditors – 07/13/2023 – Panel SA

Unafisco, the association of Federal Revenue auditors, carried out a simulation to show how the impact of the Carf (Administrative Council of Tax Appeals) bill is harmful to the Union’s coffers.

The project was approved by the Chamber of Deputies and, as the Sheetthe government calculated that it would be possible to recover R$ 34 billion with the negotiation of the fines under discussion in the council.

However, the “turtles” inserted in the text have so dehydrated the ability to recover debts that, in the end, there will be nothing left for the government.

An example: an assessment of R$ 100 million, with a fine of 75%, awaiting final judgment for ten years at Carf, would result in the payment of R$ 332.50 million – considering an accumulated Selic rate of approximately 90% in the period.

IPCA inflation was approximately 77% in the same period.

Before, with the casting vote, the assessment was maintained. Now, with the new casting vote provided for in the bill, the value drops from R$332.5 million to R$100 million, which is just the principal amount.

By calculations, this value represents 30% of the original value due to the inflationary correction of the period.

However, according to Unafisco, this amount will not need to be paid by the taxpayer. This is because tax losses, including those of other companies in the group, and third-party precatories, can be used to settle the debt.

For the entity, the text approved by the Chamber makes evasion an activity with calculated risk and default a big business.

In addition, the Tax Representations for Criminal Purposes (RFFP) will go to the file, no longer reaching the Federal Public Prosecutor’s Office. The risk of criminal repercussions, which has always been low, will now go to zero.

Unafisco now intends to press against the project with the Federal Senate because it considers the project a “father-to-son agreement”.

With Diego Felix

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