Post by account_disabled on Feb 27, 2024 0:03:41 GMT -5
The tax transaction was provided for by Law No. of April and allowed the tax authorities and taxpayers to enter into agreements with the objective of extinguishing the tax credit in accordance with articleitem III of the National Tax Code, if the measure meets the public interest and observe a judgment of opportunity and convenience (article of the aforementioned law). Even though the law provides guidelines for the transaction, it was necessary for the tax authorities to regulate the conditions for its conclusion. Within the scope of the Attorney General's Office of the National Treasury (PGFN), regarding tax credits under the administration of this body, Ordinance No. provides for the matter.
Without prejudice, the Federal Revenue published, on November published on Ordinance No. , which updates the rules for the conclusion of transactions involving taxpayers and the Federal Revenue of Brazil, revoking the then in force RFB Ordinance No. 208, of August 11, 2022. The standard brought some innovations in relation to the revoked text, such as the indication of the resources Chinese Europe Phone Number List capable of initiating tax administrative litigation (article 5 and sections of the Ordinance), the possibility of concluding a transaction on debts arising from compensations considered undeclared, hypotheses provided for in the ยง 12 of Law No.as well as on installments subject to prior litigation regarding the exclusion of the taxpayer, in compliance with what was decided by the Federal Supreme Court in Extraordinary Appeal No.
The sole paragraph of article 6 of the new ordinance also expressly provided for the possibility of the taxpayer transacting tax credits arising from unapproved compensations, imposing the withdrawal of manifestation of non-compliance or appeal handled in the face of the respective charge. A relevant point is the adequacy of the regulations to consider factors inherent to possible legal proceedings to conclude the transaction, such as the prospect of success of the strategy, cost in the judicial phase and time of suspension of enforceability by judicial decision (article 17, items IV, V and SAW). On the other hand, credits held by bankrupt debtors, in judicial or extrajudicial recovery and by individuals with an indication of death, for example, are no longer automatically considered as irrecoverable, and other parameters must be observed for this classification such as collection period, low expectation of prioritization of judgment, cost of collection and low prospect of success.
Without prejudice, the Federal Revenue published, on November published on Ordinance No. , which updates the rules for the conclusion of transactions involving taxpayers and the Federal Revenue of Brazil, revoking the then in force RFB Ordinance No. 208, of August 11, 2022. The standard brought some innovations in relation to the revoked text, such as the indication of the resources Chinese Europe Phone Number List capable of initiating tax administrative litigation (article 5 and sections of the Ordinance), the possibility of concluding a transaction on debts arising from compensations considered undeclared, hypotheses provided for in the ยง 12 of Law No.as well as on installments subject to prior litigation regarding the exclusion of the taxpayer, in compliance with what was decided by the Federal Supreme Court in Extraordinary Appeal No.
The sole paragraph of article 6 of the new ordinance also expressly provided for the possibility of the taxpayer transacting tax credits arising from unapproved compensations, imposing the withdrawal of manifestation of non-compliance or appeal handled in the face of the respective charge. A relevant point is the adequacy of the regulations to consider factors inherent to possible legal proceedings to conclude the transaction, such as the prospect of success of the strategy, cost in the judicial phase and time of suspension of enforceability by judicial decision (article 17, items IV, V and SAW). On the other hand, credits held by bankrupt debtors, in judicial or extrajudicial recovery and by individuals with an indication of death, for example, are no longer automatically considered as irrecoverable, and other parameters must be observed for this classification such as collection period, low expectation of prioritization of judgment, cost of collection and low prospect of success.