Government issues ordinance to renegotiate debts of Simples companies

The measure solely covers debts already registered within the Union’s lively debt, not together with these within the administrative part of assortment by the Federal Revenue Service.

Idiana Tomazelli and Marianna Holanda

The Jair Bolsonaro authorities (PL) edited this Tuesday (11) an ordinance to renegotiate debts of Simples Nacional companies with the PGFN (Attorney General’s Office). The measure is an try by the president to wave at micro and small companies after having vetoed –unwillingly– a undertaking that may open a large negotiation of debts for this public.

Government sources admit, nonetheless, that the ordinance just isn’t very efficient in fixing the issue. The measure solely covers debts already registered within the Union’s lively debt, not together with these within the administrative part of assortment by the Federal Revenue.

The veto of the Simples Nacional Refis opened a disaster inside the authorities and angered the National Congress, the place leaders had given broad help to the measure. The president himself has been saying in interviews that the conflict between the political and financial groups has generated unease within the authorities.

“I used to be compelled to veto the renegotiation of the debts of small and micro companies. This logically triggered stress between me and the financial group, in a great way,” Bolsonaro stated on Monday (10). Just a few days earlier, he even stated that Paulo Guedes’ portfolio “leaves one thing to be desired”.

Since the veto, Bolsonaro has ordered his aides to discover a resolution to the debts of smaller companies. On Monday, after speaking to Paulo Guedes, the president introduced that there can be an ordinance to cope with the problem, however didn’t give particulars.

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The ordinance version of the tax transaction – as this kind of negotiation known as – had already been thought of since final week, however ended up having little progress since then. The report discovered that, till the morning of this Tuesday, there was no act concluded for publication. The technicians had been summoned on the final minute to finalize the main points of the measure, revealed in an additional version of the Official Gazette of the Union.


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According to the ordinance, Simples Nacional companies could have till March 31 to be a part of the negotiation. Those who go for the modality will want to pay an entry equal to 1% of the negotiated worth, in up to eight installments.

The remaining steadiness of the debt should be paid in up to 137 installments, with reductions of up to 100% in curiosity, fines and fees. The rebate, nonetheless, can’t be larger than 70% of the full debt worth (principal plus corrections).
In the tax transaction, the low cost quantity is outlined on a case-by-case foundation by the PGFN, in accordance to the debtor’s capability to pay. The identical logic will probably be utilized within the case of the ordinance centered on Simples Nacional companies.

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If the corporate has had losses throughout the disaster brought on by the Covid-19 pandemic, this will probably be computed as a discount within the firm’s capability to pay. There can be the chance of becoming a member of the small worth transaction (for debts up to R$ 72,720), with a down fee of 1% and reductions of up to 50%, relying on the fee time period chosen.

According to the Ministry of Economy, 1.8 million companies are registered within the Union’s lively debt for Simple Nacional debts, of which 160 thousand are particular person microentrepreneurs (MEIs). The whole quantity of debts is R$ 137.2 billion.


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Deputy Marco Bertaiolli (PSD-SP), who was the rapporteur of Refis do Simples within the Chamber, stated that the ordinance is an try by the federal government to alleviate the discomfort brought on by the veto. “This ordinance minimizes [o problema] and provides another. But it isn’t complete like Refis”, he stated.

According to Bertaiolli, the PGFN act doesn’t take away the National Congress’ willingness to override the presidential veto. “We’re going to take it down,” he assured. Sources from the financial space advised the report that there’s nonetheless one other drawback to be solved and that’s not the goal of the ordinance: the chance of excluding companies from the Simples regime due to the existence of tax debts.

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The authorities is learning the extension of the deadline for the regularization of these debts, to March 31 or April 29, giving time for Congress to reverse the veto on Refis. The overthrow of the veto has been defended by the President of the Republic himself.

For this extension, it’s mandatory to approve a decision by the Managing Committee of Simples Nacional, fashioned by representatives of the federal authorities, states, municipalities and Sebrae. The identical process has already been adopted in different years.


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An extended interval of regularization helps companies as a result of it removes the chance of them being excluded after choosing the simplified regime. Today, the 2 levels –choice and regularization– should be accomplished by January thirty first.

The writer of the Refis proposal, deputy chief of the federal government within the Senate, Jorginho Mello (PL-SC), stated that the whole lot is now resolved, relying on the overthrow of the veto on the return of legislative work. “It maintains the overthrow of the veto even with the ordinance, of course, regular. The ordinance was what wanted to be executed and now the whole lot is ok, I spoke to the president, [com] Guedes,” he advised the report.

According to Mello, the Simples Management Committee is already getting ready the required decision for the extension of the regularization deadline.


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