The Brazilian Federal Revenue Service (RFB) published Normative Instruction (IN) No. 2,091/2022, which establishes the requirements for the inventory of assets and rights and defines procedures for formalizing representations to file a precautionary tax measure. The normative instruction is an update of IN No. 1,565/2015, now revoked, which regulated the matter.
Through the new regulation, the responsibility for monitoring the inventory of assets is transferred to the Regional Tax Credit Guarantee Team (Egar), of the tax region of the taxpayer’s tax domicile or the corresponding team of the RFB unit when the tax credit guarantee activity is not integrated with Egar.
According to the rule, the Brazilian Federal Revenue Service may order the inventory of assets upon detecting that the taxpayer has tax credits under his responsibility, in an amount exceeding R$2,000,000.00 (two million reais) and 30% (thirty percent) of his known assets.
Furthermore, the new rule provides that the known assets of the individual are those declared in the last Income Tax Return filed (DIRPF), without the deduction of debts and real burdens, excluding assets and rights in the name of dependents and including those in the name of the spouse or partner in a stable union, applying the contract formalized between the partners through a public deed.
For legal entities, the updated standard considers the total assets reported in the last Balance Sheet registered in the accounting records, as set out in the Fiscal Accounting Records (ECF) or Digital Accounting Records (ECD).
