Income Tax 2023: what happens if you don’t declare it? – 05/18/2023 – Market

The delivery of the 2023 Income Tax declaration for those who fit the rules defined by the Federal Revenue Service is mandatory. The taxpayer who is obliged to declare the IR, but does not send the document, suffers sanctions. The deadline this year is 11:59 pm on May 31.

Among the main punishments linked to failure to deliver the declaration are payment of a fine and suspension of the CPF (Individual Taxpayer Registration), which is “pending regularization”, according to the tax authorities, until the taxpayer regularizes the situation.

The minimum fine for the citizen who is obliged to declare, but does not send the IR on time is R$ 165.74, but it can reach 20% of the tax due in the year, according to Marcos Hangui, consultant at King Contabilidade.

The R$ 165.74 is applied to those who have tax to refund and, in general, the amount is deducted from the refund. The fine of up to 20% is applied to those who have to pay income tax. The percentage is calculated on the total amount of tax due in the year to the Federal Revenue Service.

“The two most relevant consequences in the event of late delivery or non-submission of the declaration [quando obrigatória] are as follows: fine established for the taxpayer of 1% per month. This fee will be calculated on the total tax due, even if fully paid”, says Marcos Norberto Lima, professor of the accounting sciences course at FPMR (Faculdade Presbiteriana Mackenzie Rio).

Jonathas Lisse, a tax lawyer at VRL Advogados, says that not delivering the IR for those who are obligated is not an option. In more serious cases, according to him, the fine can reach 150% of the tax due or result in imprisonment, if there is an indictment for tax evasion. “It’s in the law, but it’s an extreme situation,” he explains.

Hangui also agrees that the imposition of a 150% fine and imprisonment are sanctions for extreme cases, which only occur after the Federal Revenue has opened a process, in which the taxpayer has the right to ample defense. “Basically it is when it is detected that it was an intentional act or tax evasion”, he says.

Pending CPF prevents participation in a contest or opening an account

According to the Federal Revenue, when the citizen has the CPF “pending regularization”, there are several impediments related to citizenship. “In this case, the person may have problems with bank accounts, issuing passports and social programs”, explains the agency.

To regularize the pendency, you will have to present the declaration. As you will be in arrears, you will be fined a minimum amount of R$ 165.74 and a maximum of up to 20% of the Income Tax due in the year. “With an irregular CPF, you can’t get a passport, take an exam, get a certificate”, says Hangi.

“The payment of the fine imposed by the Revenue must be made within 30 days after the late delivery through Darf (Federal Revenue Collection Document). On the e-CAC portal, the fine notification can be downloaded in the processing statement declaration,” says Lima.

The professor also explains that, if the IRS opens an investigation for tax evasion, the sanction passes to the criminal area. In this case, the taxpayer may be investigated and have the name and CPF registered in overdue debt, with inclusion in the Cadin (Informative Register of Unpaid Credits of the Federal Public Sector).

“Depending on the court decision, it is also possible to have a prison sentence ranging from two to five years”, he says. By involving the Union in the evaluation process, there will be a new charge; this is when the fine can reach 150%, explains Lima.

If the CPF is registered with Cadin, there are other consequences, such as difficulty obtaining a loan and financing, restrictions on some types of investment and on receiving future income tax refunds, and judicial blocking of amounts deposited in a current account.

Who is obliged to declare the 2023 Income Tax?

The taxpayer who received taxable income above R$ 28,559.70 in 2022, such as salary and retirement, is obliged to declare the Income Tax. This rule, however, is not the only one. There are also other situations that lead to the obligation of accountability. Look:

THE TAXPAYER IS OBLIGATED TO DECLARE THE IR in 2023 THAT, IN 2022:

• Received taxable income above BRL 28,559.70, which includes salary, retirement and pension from the INSS or public bodies

• Received exempt income, non-taxable or taxed exclusively at source (such as savings income or FGTS) above BRL 40,000

• Had a capital gain (ie, profit) on the sale (transfer of ownership) of goods or rights subject to the levy of tax; this is the case, for example, of the sale of a car with a value greater than the amount paid for the purchase

• Was exempt from IR on capital gain on the sale of residential properties, followed by the acquisition of another residential property within 180 days

• Made sales on the Stock Exchange that, in total, exceeded R$ 40 thousand, including exempt ones, or obtained profit subject to the incidence of IR with the sale of shares

• Had, on December 31, possession or ownership of assets or rights, including bare land, in excess of BRL 300,000

• Obtained gross revenue in the rural activity in an amount greater than R$ 142,798.50 in the year

• Want to offset losses from rural activity in 2022 or previous years

• He moved to Brazil in 2022 and was in that condition on December 31