By Tax Area

On June 22nd, 2022, Law No. 14.375, of June 21st, 2022, was published in the Federal Official Gazette, which promoted important changes in the rules applicable to the tax transaction of debts with the National Treasury. The tax transaction is an alternative for a negotiated solution of tax debts.

Among the novelties is the possibility for the taxpayer to use credits arising from IRPJ tax losses and the negative calculation basis of the CSLL for the payment of tax debts, respecting the limit of 70% of the remaining amount of the debt after the applicable deductions are applied.

Although the previous legislation already allows the use of precatories or credit rights secured by a final and unappealable court decision for the amortization of tax debt, the new law expressly authorized the cumulation of the different means, including the use of tax losses and the negative basis for the settlement of tax credits.

Another important change was the possibility for taxpayers with debts managed by the Federal Revenue Service, who are not yet registered in active debt, to present a transaction proposal, even in cases in which such debts are under discussion in the scope of administrative litigation or even already have been ruled an unfavorable final and unappealable administrative decision.

Finally, it is also worth mentioning: (i) the increase in the maximum deduction applicable to the transaction, from 50% to 65%; and (ii) the increase in the maximum number of installments, from the current 84 to 120.

Although the new law enters into force on the date of its publication, it is important to emphasize that the matter will still need to be regulated by the Federal Revenue Service and the National Treasury General Attorney's Office through its own normative act, not being, therefore, of immediate application.