Fábio Bernardo
Lawyer at Marcos Martins Advogados
Law No. 14.375/2022, the result of the conversion of Provisional Measure No. 1090/21, was published in the Federal Official Gazette on June 22, 2022. The measure, which initially dealt with the renegotiation of debts under the FIES, was amended by the National Congress and provisions were included, modifying the legislation that deals with the tax transaction of federal debts, improving the negotiation conditions for taxpayers.
The new legislation will encourage many companies to settle their federal debts through transactions, as it includes a series of new benefits. Among them is the negotiation of outstanding debts with the Federal Revenue Service, even those under administrative discussion.
In addition, there is the possibility of using credits from tax losses and negative CSLL (Social Contribution on Net Profits) calculation bases to pay up to 70% of the balance of the debt after discounts have been granted and the possibility of using court-awarded precatory or credit rights to repay the debt.
In addition to this, there will be an increase in the discount ceiling to up to 65% in the case of debts considered irrecoverable or difficult to recover and an increase in the payment period to 120 months, with the exception of social security debts.
With the new benefits approved, the search for companies to settle their federal tax liabilities through this important negotiation mechanism should increase, especially those with a high balance of accumulated tax losses.
The tax team at Marcos Martins Advogados has extensive experience in strategic analysis and planning to adapt 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.
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