On 02.02.2018, the General Attorneys’ OfficeProcuradoria Geral da Fazenda Nacional – “PGFN”) issued Ordinance No. 31, providing for the consolidation of the tax amnesty program established by Law No. 11,941/2009, pursuant to the reopening granted by the article 17 of the Law No. 12,865 / 2013.
The consolidation must be made on the website of the Federal Revenue Service”RFB”) on the Internet until 28.02.2018.
One of the highlights is the concession of a period of five years as from the consolidation for the RFB to analyze the amounts of tax loss and negative basis used to offset debts under the tax amnesty program.
Another innovation is the possibility of presenting a manifestation of nonconformity, with suspensive effect, in the event of nonrecognition of tax loss or negative basis credits, provided that the disallowance of credits has not occurred through notice of infraction.
The debts deposited in Court can only be included in the consolidation after the determination of the remaining balance not settled by the conversion into Federal Government income. For those who have not yet done so, it is also necessary to withdraw of all pending lawsuits regarding the consolidated debts until the last business day of the month subsequent to the consolidation.
In the cases of legal entities extinguished by incorporation, merger or spin-off before to the adhesion to the tax amnesty program, the installment will be canceled and the respective debts may be consolidated by the successor legal entity if such company has made the adhesion to the tax amnesty program. With regard to legal entities that were extinguished after the adhesion, the consolidation must be carried out by the successor even though it has not adhered to the tax amnesty program.
Candido Martins is available for any clarification required.