New opportunities are open to settle tax debts at federal, state and municipal level, with special conditions.
Below is an overview of the programs that have been opened or reopened, offering reductions in interest, fines and extended deadlines to facilitate regularization.
PGDAU Notice No. 6/2024 – Settlement of Federal Overdue Tax Liabilities
Published by the Office of the Attorney General of the National Treasury (PGFN) on November 1, 2024, PGDAU Notice No. 6/2024 offers advantageous conditions for settling federal debts registered as overdue tax liabilities until August 1, 2024 (or until November 1, 2023 for individuals, MEIs (micro enterprises) and small companies).
Specific conditions:
Eligibility: Debts of up to R$ 45,000,000.00 are eligible, including debts under judicial execution or with suspended enforceability.
Types of Transaction:
- Transaction by sign-up: Down payment of 6% of the consolidated amount, paid in up to 6 monthly installments, and the balance in up to 114 installments, with reductions of up to 100% in interest, fines and legal charges (limited to 65% of the total amount of the debt). Discounts are offered to registered credits considered irrecoverable or difficult to recover by the Attorney General’s Office. For companies in court reorganization, the maximum discount is 70%.
- Long-standing liabilities or bankrupt debtors: For unsecured debts or debts suspended in court for more than 10 years, payment can be made with a 6% down payment in up to 12 months and the balance in up to 108 installments.
- Debts guaranteed by insurance or surety: Down payment from 30% to 50%, and the balance in 6 to 12 installments without a discount, with the condition of keeping the guarantee until the payment is made.
Other conditions: Social security debts can be paid in installments over up to 48 months after the down payment. Adherence requires proof of withdrawal from related lawsuits and prohibits the use of tax credits from losses or CSLL (Social Contribution on Net Profit) for amortization.
Deadline for signing up: Until January 31, 2025.
New ICMS (Tax on Circulation of Goods and Services) Settlement Program for the State of São Paulo
Notice 3/2024, published by the São Paulo State Attorney General’s Office on October 21, 2024, brings exceptional conditions for companies in court reorganization, judicial liquidation, extrajudicial liquidation or bankruptcy. The signing-up period runs from October 21, 2024 to January 31, 2025, and the conditions are designed to provide maximum relief and financial flexibility.
Who can join?
• Companies in the process of court reorganization, judicial liquidation, extrajudicial liquidation or bankruptcy, with ICMS debts registered by the São Paulo State Attorney General’s Office.
Included debts and flexibility of choice
• ICMS: The company can select the registered debts it wishes to include, according to its own need for regularization.
Advantages and Payment Conditions
• 100% reduction in interest, fines and lawyers’ fees, respecting the principal amount and with a limit of up to 70% discount on the total amount of the debt.
• Up to 145 monthly installments for settlement, adjusted by the Selic rate and 1% increase in the month of payment.
• Payment methods: In addition to payment in cash, it is permitted to use accumulated ICMS credits or court-ordered payments (precatórios) to settle up to 75% of the outstanding balance.
Important Restrictions
This program imposes some restrictions, including:
1. Segregation of amounts of the same CDA or CDAs of the same Tax Enforcement.
2. Prohibition of the settlement of debts guaranteed by deposit, surety or insurance, when there is already a decision in favor of the State.
3. Companies with settlement process terminated in the last 2 years cannot sign up.
2024 Incentive Installment Payment Program (PPI-2024) – São Paulo
Decree No. 63.865/2024, published in the Official Gazette of the Municipality – SP on 04/11/2024, reopened the deadline for signing up to the Incentive Installment Payment Program for 2024 (PPI-2024), established by Law No. 18,095/2024. The signing-up period runs from November 5, 2024 to January 31, 2025.
Debts Included in PPI-2024
The program includes debts such as:
• ISS, IPTU, ITBI, TFE, tax fines and other non-tax debts.
Method of Payment and Benefits
The consolidated debt can be paid pursuant to Law 18,095/2024, in the following options:
- Cash payment: Reduction of up to 95% in interest on late payments and fines, making it the most advantageous alternative.
- Payment in up to 120 installments:
- Short installment plan (up to 60 installments): Reduction of up to 65% in interest on late payments and 55% in fines.
- Long installment plan (61 to 120 installments): Reduction of up to 45% in interest on late payments and 35% in fines.
Minimum amounts per installment:
• R$ 50.00 for individuals.
• R$ 300.00 for legal entities.
These opportunities offer exclusive advantages for financial relief and tax regularization, which are essential for avoiding charges and obtaining certificates of good standing. Our team is ready to analyze your case and advise you on the best program for your profile.