RSM Brasil
Languages

Languages

MP 783/2017 - SPECIAL PROGRAM FOR TAX REGULARIZATION

On May 31st, 2017, the Provisional Measure (MP) nº 783/2017 established the Special Tax Regularization Program (PERT) with the Federal Revenue Department (RFB) and the General Federal Attorneys Office (PGFN).

It is crucial to note that the deadline for joining the program is until August 31st, 2017.

Another aspect of great relevance is the possibility of including in the PERT the debts already parceled in the PRT (MP 766/2017). In this case, all the additional benefits of this program will not be lost by taxpayers who have anticipated opting for the PERT.

It is also important to highlight that:

  1. Shall join the PERT individuals and legal entities, of private or public law, including those undergoing judicial rehabilitation;

  2. The debts of tax and non-tax nature are covered by the program due until April 30th of 2017, including those subject to previous termination installments or active ones in an administrative or judicial assessment, or derived from the tax authority's own initiative after the publication of this MP;

     

    To continue in the PRT the taxpayer must:

    a) Stay in accordance with the FGTS obligations;

    b) Pay regularly the installments of the consolidated debts in the PERT as well as the debts due after April 30th, 2017, whether or not registered in the General Federal Attorneys Office.

If, however, do not occur: (i) the regular payment of debts due after April 30th, 2017; (ii) the fulfillment of the FGTS obligations; (iii) the payment of installments for 3 consecutive months or 6 alternate months; The taxpayer will be excluded from PERT.

This Program allows the following installment options in the RFB and PGFN:

For taxpayers who will join this program to pay debts up to BRL 15,000,000.00 in the RFB, the payment mentioned in option 2 above will have the following benefits:

a) Reduction of the payment at least 7.5% of the total debt, in 5 monthly installments (from Aug, 2017 to Dec, 2017); and

b) After the reduction of penalties and interest, the company will also have the possibility to pay the remaining amount with tax losses or other credits.

For taxpayers who will join this program to pay debts up to BRL 15,000,000.00 in the PGFN, the payment mentioned in option 2 above will have the following benefits:

a) Reduction of the payment at least 7.5% of the total debt, in 5 monthly installments (from Aug, 2017 to Dec, 2017); and

b) After the reduction of penalties and interest, the company will also have the possibility to pay the remaining amount with real estate.

 

Gustavo Amorim
Partner - International Tax
[email protected]

How can we help you?

CONTACT US

or send a message:  [email protected]