Rafael Zanchettin
Lawyer at Marcos Martins Advogados
A company in judicial reorganization entered into a tax settlement agreement with the Attorney General’s Office of the National Treasury (PGFN) to pay its debts using tax losses, obtaining a rebate of approximately 85% (eighty-five percent) of the amount of the credit, which could be paid in several installments.
The tax transaction was regulated by Law No. 13.988/20 and recently its conditions were improved by Law No. 14.375/22, which now allows taxpayers to use credits from tax losses and negative CSLL calculation bases in the composition of the agreement, as well as extending the payment term to up to 120 months.
The rules for the use of tax losses are governed by PGFN Ordinance No. 6,757/2022, which authorizes the reduction of these credits in transactions involving irrecoverable debts or debts that are difficult to recover.
In this case, Agromaia, a company specializing in agricultural products, entered into an individual tax settlement agreement with the PGFN to pay its tax debts, considerably reducing its tax liability.
In figures, the debt, which initially totaled R$47,308,430.94 (forty-seven million, three hundred and eight thousand, four hundred and thirty reais and ninety-four cents), was considerably reduced to R$7,076,697.50 (seven million, seventy-six thousand, six hundred and ninety-seven reais and fifty cents), and can be paid off in 60 installments.
Although this is the first tax transaction that provides for the use of tax losses to reduce debt, it is certain that this agreement can serve as a parameter for other negotiations involving tax credits that are considered irrecoverable or difficult to recover, enabling taxpayers to pay their debts without compromising their business.
It is worth noting that one of the principles expressed in the legislation and which guides this type of negotiation with the tax authorities is that of isonomy, which allows other taxpayers in similar conditions to request the same type of benefit.
