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News for micro and small entrepreneurs: tax transactions become valid for Simples Nacional

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By Fernanda Marques

Hello! Another week with news for micro and small business owners. Supplementary Law No. 174/2020, published on August 5, authorized the extinction of tax credits calculated under the Simples Nacional regime, through the execution of a dispute settlement transaction between taxpayers and the National Treasury. In this way, companies included in Simples will be able to negotiate the payment of their tax debts directly with the Tax Authorities.

Debts with the Treasury in stages of discussion of administrative or judicial litigation, or already registered in the active debt, may be the object of a transaction, and the procedures must follow the provisions of Law No. 13,988 of Tax Transaction, edited this year, and Ordinance No. 18731, published by the Attorney General’s Office of the National Treasury (PGFN).

The reductions and concessions determined in connection with the tax transaction will be limited to a 50% discount, with a maximum term of 84 months, and it is not possible to include penal fines in the established negotiations.

New deadline for setting up new companies in Simples regime

The new complementary law extended the deadline for new companies to be included in Simples Nacional. The current term is 180 days, counted from the opening date registered in the CNPJ, therefore, it is valid for micro and small companies beginning to operate in the country. This option must also observe the period of 30 days counted from the last deferral of registration, whether municipal or state.

The expansion of the use of the tax transaction to other regimes contributes to the reduction of bureaucracy and the dejudicialization of tax discussions in the country, being beneficial to both micro and small entrepreneurs, who were intensely affected by the pandemic, as well as facilitating the government’s collection of values that, in the current scenario, companies would not be able to comply with.