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6.May.2022

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


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