The government has sanctioned Law 14.740/2023, which provides numerous incentives for self-regularization of federal taxes administered by the Federal Revenue Service (SRFB).
The law came into force in January 2024. Therefore, taxpayers have 90 days to join the program, i.e. until April 1, 2024. Adherence will be made by submitting a term of confession of debt and payments can be made in cash or in installments, with the removal of late payment fines and ex-officio fines.
In addition to the fines, taxpayers who join the program will receive a 100% reduction in interest on arrears. However, this incentive is conditional on paying at least 50% of the debt in cash and the remaining balance in up to 48 successive monthly installments.
Taxes that meet the following conditions can be included in the program:
- Notice of infraction under administrative discussion;
- Total or partial non-approval by the tax authorities of compensation statements;
- Those that have not yet been constituted by the date of publication of the law, including those that are already the subject of an inspection procedure;
- Those that will be constituted between the date of publication of the law and its final term of adhesion.
It is worth noting that debts calculated under the Simples Nacional regime will not be eligible for self-regularization.
Another important point brought up by the law is that companies have the option of using their own tax losses and negative amounts from the Social Contribution on Net Profits (CSLL) calculation base, as well as those of companies that directly or indirectly control them or are controlled by them.
This includes companies that are directly or indirectly controlled by the same legal entity, regardless of their branch of activity, and this use is limited to 50% of the total amount of the debt to be settled. In addition, it will be possible to use your own precatórios or those acquired from third parties.
In these cases, the gains or income recorded by the transferor or transferee company will not be included in the IRPJ, CSLL, PIS and COFINS calculation basis. In addition, losses recorded by the transferor may be deductible from the IRPJ and CSLL calculation basis.
If you have any questions on this subject, our tax team is at your disposal.
