On August 5, 2022, Ordinance PGFN No. 6.941 was published,
amending Ordinance PGFN No. 6.757/2022, which regulates the
settlement of federal government and FGTS credits.
The most noteworthy change is that item II of Article 36 of
Ordinance PFGN No. 6.757/2022 was revoked, removing the restriction
that tax loss credits and a negative balance of CSLL only be used
to amortize interest, fines and legal charges. However, these
others regulations were maintained: That tax loss credits and a
negative balance of CSLL can be used to pay (i)
debts considered irrecoverable or hard to recover and
(ii) debts classified as non-existent or paid off,
as recognized by a final judicial decision or by means of federal
writs of payment issued in favor of the taxpayer, in disfavor of
the federal government.
In addition, Ordinance PGFN No. 6.941/2022 amended §1 of Article 46 of Ordinance PFGN No. 6.757/2022 to clarify that debtors with debts enrolled in federal overdue tax liability with a total amount between BRL 1 million and BRL 10 million may propose or receive a proposal for an individual simplified settlement.
Visit us at Tauil & Chequer
Founded in 2001, Tauil & Chequer Advogados is a full service law firm with approximately 90 lawyers and offices in Rio de Janeiro, São Paulo and Vitória. T&C represents local and international businesses on their domestic and cross-border activities and offers clients the full range of legal services including: corporate and M&A; debt and equity capital markets; banking and finance; employment and benefits; environmental; intellectual property; litigation and dispute resolution; restructuring, bankruptcy and insolvency; tax; and real estate. The firm has a particularly strong and longstanding presence in the energy, oil and gas and infrastructure industries as well as with pension and investment funds. In December 2009, T&C entered into an agreement to operate in association with Mayer Brown LLP and become "Tauil & Chequer Advogados in association with Mayer Brown LLP."
© Copyright 2020. Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. All rights reserved.
This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.