Otto Alencar says he will be rapporteur for the project on Carf in the Senate

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Senator said he accepted invitation this Wednesday (12). Proposal favors the government in case of ties in CARF trials; Ministry of Finance expects vote in August. Senator Otto Alencar (PSD-BA) in a session of the Senate Economic Affairs Committee. Edilson Rodrigues/Agência Senado Senator Otto Alencar (PSD-BA) told TV Globo that he was chosen this Wednesday (12) to be the rapporteur in the Senate of the project that favors the government in the event of a tie in the Board of Directors’ judgments of Fiscal Resources (CARF). The proposal, approved last Friday (7) by the Chamber of Deputies, provides for the resumption of the so-called “quality vote” in the judgments of the body, which judges disputes between taxpayers and the Treasury. The mechanism establishes that, in cases of a tie, the president of the collegiate must break the tie. As the position is reserved for a representative of the National Treasury, in theory, the Tax Authorities will benefit. The end of the rule was approved in 2020, in the Legal Taxpayer MP. The decision started to favor the taxpayer in case of a tie. The resumption of the instrument in CARF is a central part of the economic area’s package to get around the public deficit forecast this year, of R$ 231.5 billion. In an initial projection, the economic team of Minister Fernando Haddad (Finance) estimated that up to R$ 50 billion could be collected with the rule. The amount is essential for compliance with the new tax rule, which links increased expenses to increased revenue. With the government’s desire to move forward with the proposal shortly, Otto was invited this Tuesday by the president of the House Economic Affairs Committee (CAE), senator Vanderlan Cardoso (PSD-GO), to report on the project. To TV Globo and g1, he confirmed that he accepted the invitation and said that he will start working to analyze suggestions for changes to the text approved by the Chamber. Otto’s expectation is to present an opinion in August — within 15 days after the parliamentary recess. The senator also assessed that it will not be necessary to hold public hearings to discuss the proposal. Farm Confidence On Tuesday (11), Haddad said he was confident that the project will be voted on in August. He made the statement as he left a meeting with the president of the Senate, Rodrigo Pacheco (PSD-MG). “We are confident that we will approve the matters coming from the Chamber, with the independence that the Senate has, in the sense of perfecting the texts. Very confident that we will enact a tax reform, after so many decades, that is up to the challenges facing Brazil,” he said. “We had important signaling from the President of the Senate, and we are confident that it will be appreciated in August. This will pave the way for Minister Simone Tebet to be able to prepare a budget piece, assuming in it all the commitments expressed by President Lula”, he added. LEARN MORE: Find out what the Carf is and what its attributions Chamber approves project that favors government in Carf votes What the Chamber proposal says Chamber concluded tax reform and project that benefits government in Carf Check out the main points of the approved project below by deputies last Friday (7): ▶️ Appeal to Carf The project’s rapporteur in the Chamber, Beto Pereira (PSDB-MS), maintained the current limit at 60 minimum wages (79.2 thousand), unlike what the government had proposed in the initial text, which provided for 1,000 minimum wages (1.32 million). Limit of jurisdiction is the minimum value of the dispute that defines the competence of CARF to judge an administrative process — that is, it is the value from which the taxpayer can appeal to the council. “There was an appeal from the productive sector, parliamentary fronts and several confederations, a very big questioning about curtailing a taxpayer’s right with a limit of one thousand minimum wages. The step was too big”, said the rapporteur. “This could somehow make it impossible to access the demand, to be able to seek a decision at the last administrative level due to a limitation of jurisdiction. So, we decided to maintain the limit of 60 minimum wages for Carf “, he completed. ▶️ Agreement Farm and OAB Pereira included in the text an agreement signed between the government and the Order of Lawyers of Brazil (OAB). According to what was agreed , when a company or individual loses a case at CARF due to the casting vote, the fine and interest will be canceled, provided that the taxpayer expresses the intention to pay the principal amount within 90 days. in 12 monthly and successive installments. In the event of non-payment or default of any of the installments provided, interest on arrears will be resumed. For payment, the text allows the use of tax loss credits, with a negative CSLL calculation basis and also precatorios. If you do not agree with the waiver of the fine and interest, the taxpayer can appeal to Justice without having to present a guarantee, as is done today. In the last version, the rapporteur included the requirement that the measure will not be granted to taxpayers who, in the last 12 months prior to the action, did not have a tax regularity certificate valid for more than three months, issued by the Federal Revenue and the Attorney General of the National Treasury. ▶️ Oral support The text also ensures the oral support of taxpayers at the Federal Revenue Judgment Offices (DRJs), the first instance of the tax administrative process. Currently, this is not possible. Another point is the link between the DRJs and the CARF case law summaries. ▶️ PGFN exclusivity After pressure from the Attorney General of the National Treasury (PGFN) and the Advocacy General of the Union (AGU), the rapporteur removed one of the points provided for in his opinion that would allow the Federal Revenue to act in tax transactions, i.e. , resolutions of tax cases on trial. The project determines that, if the taxpayer does not accept the payment conditions, there will be registration of the outstanding credit within 90 days – the current deadline is 30. However, the rapporteur opened loopholes for the legislation to also include the collection of debts administered by the Federal Revenue not yet registered in overdue debt. In recent days, this point has been the subject of debate between National Treasury attorneys and Revenue auditors – categories that met with the rapporteur. The National Union of National Treasury Attorneys (Sinprofaz) argues that the enrollment in active debt is an exclusive attribution of the PGFN and that the Revenue “does not have constitutional competence to carry out transaction agreements without the participation, seal or authorization of a public lawyer” .

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