The law has been sanctioned and published in the edition of this Monday, March 27, in the Official Gazette, where companies with ICMS debts in Espírito Santo can now apply to enter the new Tax Credit Recovery Program (Refis) for the Tax on Circulation of Goods and Services (ICMS).
The Refis was created with the main objective of stimulating the tax regularization of companies with tax debts, being a good opportunity for companies to regularize their debts.
According to the State Government, the initiative aims to help in the recovery of the economy of Espírito Santo, especially in times of crisis caused by the Covid-19 pandemic.
According to lawyer Sandro Rizzato, a specialist in Business and Tax Law at PRL Advogados Associados, it is important to emphasize that companies intending to join the program should have professional legal assistance to analyze the feasibility of joining. “Existing debts can be the subject of valid judicial discussion, because some of these debts may be overdue, may have already been prescribed, and thus cannot be charged by the State,” explains Rizzato.
If the company joins the Refis, it is authorizing the collection of all its debts, even those that are prescribed. “The debts will be consolidated along with the others, and this analysis must be done in detail for all the taxpayer's debts, as the Refis can become a trap,” he says.
According to the lawyer, from the moment the taxpayer joins the program, they are validating all existing debts, and if they cannot afford the agreed installment, the collection of the consolidated debt through tax enforcement will return, thus reducing all possible defenses of the debtor.
Sandro also explains that it is important to emphasize that joining the Refis implies renouncing any ongoing legal actions or rights under discussion. “It is necessary to evaluate each case individually, in conjunction with a specialized tax law firm along with an accounting firm,” he says.
In any case, the Refis represents an opportunity for companies to settle their debts or even regularize their debts with the State of Espírito Santo in a facilitated manner and with cost reduction. “Regularizing the tax situation is essential for the financial health of companies and for maintaining their business activities, but, as mentioned, it is necessary to do so with technical criteria and in-depth analysis of all debts even before joining the installment plan,” emphasizes the lawyer.
About Refis
The debts eligible for payment in the Refis are those whose generating facts occurred until July 31, 2022, whether registered or not in active debt, constituted or not, with enforceability suspended or not. Joining the program can be done between April 1 and August 31, through the website of the Secretary of Finance of Espírito Santo or at one of the State Revenue agencies.
Once the analysis is made, and if joining is feasible, the State Refis allows the debt to be paid in up to 180 installments, and companies that use tax benefits, such as Invest and Compete, as well as those that have already made previous installments, can also participate.
Discounts for payment are progressive, increasing according to the reduction of installments to be paid, for example, if the debt is paid in full, the taxpayer can have a reduction of fines and interest of up to 100%.
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