Another opportunity arises for taxpayers to “get their house in order.”

This is the Incentivized Self-Regularization of Taxes Administered by the Federal Revenue Service, a program created by Law No. 14,740/2023 through which the Government hopes to attract taxpayers through the possibility of settling tax debts with a discount on fines and interest, as well as payment in installments.

Self-regulation only allows the inclusion of:

– taxes administered by the RFB that have not yet been established by the date of publication of this Law, including those in relation to which inspection proceedings have already been initiated; or

– tax credits that may be constituted between the date of publication of this Law and the end of the adhesion period.

There is specific mention of the possibility of self-regularization covering taxes required by means of a notice of infraction, notification of assessment, and decision orders that do not fully or partially approve the compensation declaration, but that fit within the time window above.

In general, by acknowledging the debt, the taxpayer may pay the amount due plus interest, with the waiver of late payment and ex officio fines.

Self-regulation also allows:

– Eliminate 100% of interest by paying at least 50% of the debt upfront and – – the remainder in up to 48 installments, adjusted by the Selic rate from;

– Use of tax loss credits (IRPJ) and negative basis (CSLL), belonging to the debtor legal entity, or to its controlling companies (including control through a Shareholders’ Agreement) or subsidiaries, directly or indirectly, regardless of the line of business. The credits referred to herein are limited to 50% of the total amount of the debt to be settled.

It will also be possible to make the payment using your own or third-party court orders.

In the case of tax losses, negative bases, and assignment of court-ordered debts, any gains will not be included in the IRPJ and CSLL bases. However, losses will be deductible.

The reduction in fines and interest will not be computed in the IRPJ, CSLL and PIS/Cofins bases.

This is a good opportunity, but restricted to tax debts that meet the time limits above.

defined.