Alerts
- 6 May 2022
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Federal tax authorities open to settle goodwill cases with discounts
Taxpayers may opt to settle until July 29, 2022
Federal tax authorities have approved a settlement program under which taxpayers may settle current administrative or judicial litigation against goodwill tax assessments. Within this program, taxpayers may elect to settle their cases on predefined/non-negotiable terms (settlement by election) – in summary:
Electable cases: current administrative or judicial litigation related to amortization of goodwill registered until Dec 31, 2014, on investments in entities that were merged with the acquirer until Dec 31, 2017.
Timeline for election: from May 2nd to July 29, 2022
Payment terms: taxpayers who elect to settle will have to make an initial payment (without discounts) and the remainder with discounts varying according to instalments option:
| Initial payment | Payment of the remainder | ||
| 5% of the total amount
5 monthly instalments No discounts 1st instalment due in the month of the election for settlement |
Option 1 | Up to 7 installments | 50% discount
over the total remainder (including principal taxes, fines/penalties, interest and other charges) |
| Option 2 | Up to 31 installments | 40% discount
over the total remainder (including principal taxes, fines/penalties, interest and other charges) |
|
| Option 3 | Up to 55 installments | 30% discount
over the total remainder (including principal taxes, fines/penalties, interest and other charges) |
|
| 1st instalment due in the month subsequent to the payment of the 5th instalment of the initial payment | |||
Waivers required: among other terms and conditions that are non-negotiable with tax authorities, taxpayers are required to waive any defenses, appeals and arguments against the debts settled, as well as comply with tax authorities’ positions on the matter for current or future tax periods.
There are several decision points to consider in order to elect for this program, such as an assessment on the chances of success of the arguments made in the case (in the main merits and on subsidiary topics like increased/qualified penalties, joint liability of shareholders, directors, officers etc.), possible impacts on other cases or current/future tax periods (i.e. such as impacts on carryforward tax losses), additional costs for waiving judicial defenses/appeals etc.
Our firm has a team specialized in Tax. For clarifications on the subject, or others that may be of your interest, please contact our professionals.
| Ana Carolina Utimati Tax anacarolina.utimati@lefosse.com Tel.: (+55) 11 3024 6425 |
Breno Sarpi Tax breno.sarpi@lefosse.com Tel.: (+55) 11 3024 6175 |
| Bruno Carramaschi Tax bruno.carramaschi@lefosse.com Tel.: (+55) 11 3024 6250 |
Dante Zanotti Tax dante.zanotti@lefosse.com Tel.: (+55) 11 3024 6214 |
| Gustavo Lian Haddad Tax gustavo.haddad@lefosse.com Tel.: (+55) 11 3024 6312 |
Gustavo Paes Tax gustavo.paes@lefosse.com Tel.: (+55) 11 3024 6198 |
| Jayme Freitas Tax jayme.freitas@lefosse.com Tel.: (+55) 21 3263 5902 |
João Paulo Muntada Cavinatto Tax joao.cavinatto@lefosse.com Tel.: (+55) 11 3024 6335 |
| Marcos de Carvalho Tax marcos.carvalho@lefosse.com Tel.: (+55) 11 3024 6342 |
Ricardo Bolan Tax ricardo.bolan@lefosse.com Tel.: (+55) 11 3024 6359 |
Luiz Santos
Tax
luiz.santos@lefosse.com
Tel.: (+55) 11 3024 6362
