Angelo Ambrizzi
Lawyer at Marcos Martins Advogados
On May 24th, the Senate approved the bill converting Provisional Measure 1090/21. The measure, which initially dealt with the renegotiation of debts under the FIES, was amended by the National Congress and included provisions modifying the legislation that deals with the tax transaction of federal debts, improving the negotiation conditions for taxpayers. The bill is awaiting presidential approval.
If sanctioned, the measure will encourage many companies to settle their federal debts by means of a transaction, as it includes a series of new benefits. Among them, we list the main advantages:
- Negotiation of outstanding debts with the Federal Revenue Service, even those under administrative discussion;
- Possibility of using credits from tax losses and negative CSLL calculation bases;
- Possibility of using precatórios or judicially recognized credit rights to repay the debt;
- Increase in the discount ceiling to up to 65% in the case of debts considered irrecoverable or difficult to recover;
- Increase in the payment period to 120 months, with the exception of social security debts;
- Possibility of maintaining the benefits granted in a previous installment plan, in the event of a negotiation transition;
With the new benefits, the expectation is that there will be an increase in demand from companies to settle their federal tax liabilities through tax transactions.
We are following the progress of the bill and will publish news on the new benefits, should they be sanctioned by the President of the Republic.
The tax team at Marcos Martins Advogados has extensive experience in strategic analysis and planning for adjusting the payment of tax debt to the cash flow of companies, and is available to any interested parties to answer questions about this important opportunity.
