For a long time, São Paulo taxpayers had been asking the state tax authorities to implement a special program to settle their ICMS debts. In December 2023, the São Paulo Tax Transaction was instituted, delegating responsibility for regulating the process to the São Paulo State Attorney General’s Office (PGE-SP) through State Law No. 17,843/23.
In February, two types of transaction were regulated. One was regulated by PGE/TR Notice 01/2024 and the other by PGE Resolution 6/2024. Check out the details!
PGE/TR Notice 01/2024
Discounts and payment method
The notice authorizes the payment in installments of ICMS debts registered as active debt whose index used by Sefaz and PGE was higher than the Selic rate in the period. Payment will be made in a single installment or in up to 120 installments, which will be adjusted by the Selic rate.
According to the notice, ICMS debts can be paid with:
- 100% discount on interest on arrears;
- 50% discount on the remaining debt (fines, interest and legal charges), except for the principal amount.
The deadline
For interested taxpayers, the application period is now open and will close on April 29. The deadline for joining the program is April 30.
Additional information
The notice also establishes other important guidelines, such as a:
- Scope of adhesion in cases of judicial collection;
- Irrevocable and irreversible confession of the debts transacted;
- Requirement of a guarantee for installments of more than 60 installments;
- Possibility of using accumulated and rural producer credits, as well as precatory credits, to offset the principal debt, fines and interest, limited to 75% of the final consolidated amount after discounts.
PGE Resolution No. 6/2024
On the other hand, PGE Resolution No. 6/2024 regulates settlements aimed at ending disputes related to tax or non-tax credits registered as active debt.
The resolution establishes the guidelines to be followed by the parties in carrying out the transaction, indicating the modalities provided for in Law No. 17,843/2023.
In addition, it defines the responsibilities of the taxpayer and the PGE when entering into the transaction, as well as the requirements and concessions linked to it, and its effects.
In other words, the resolution specifies the actions of the PGE in relation to the assessment of the recoverability of debts and the determination of systematic default, establishing parameters for the acceptance of the transaction, either individually or by adhesion.
Therefore, São Paulo taxpayers now have the opportunity to analyze and compose scenarios for the settlement of their tax liabilities, taking advantage of discounts and the possibility of payment with credits or precatórios, according to their financial reality.
If you have any questions about tax transactions in São Paulo, our tax team is available to answer them.
