Exclusion of ICMS from the PIS and Cofins assessment basis: tax opportunity must be on the companies’ planning
12/06/2020eSocial – New postponement due to Covid-19
16/06/2020HIGHLIGHTS
Accessory obligations and taxes are extended or suspended during the pandemic
Aimed at minimizing the impact of the coronavirus pandemic on companies, the government extended and even suspended several payments of taxes and obligations. We list the main cases, as follows:
Payment of taxes
Employer's social security contribution and PIS/Pasep and Cofins contributions
The deadline for payment of social security contributions, Social Integration Programs (PIS) and Public Servants' Equity Formation (Pasep) and Social Security Financing Contribution (Cofins) for May 2020, which now must be paid by the due date of the contributions payable in October 2020, is extended.
FGTS
Suspension and installment of contributions to the Employee’s Severance Fund (FGTS) for three months. The amounts for April, May and June may be paid into six installments, from July to December, without fines or charges. Read more here.
Contribution to the “S” System
A fifty percent reduction in the companies' contribution to the S System for three months, from April to June. Understand the measure here.
IOF
Suspension of the Tax on Financial Operations (IOF) for 90 days, considering the credit operations contracted between April 3 and July 3.
IPI
Reduction to zero, until September 30, 2020, the rates of the Tax on Industrialized Products (IPI) on certain medical and hospital products , according to Decree 10.285/20
Importation exportation
Reduction of import tariffs for medical and hospital products to zero by the end of 2020 - CAMEX Resolution 17/20.
Establishment of the Special Export License of Products for Combat from Covid-19 , for products listed in SECEX Ordinance 16/2020 and SUEXT Export Notice 08/2020.
PGFN - Change in collection procedures and suspension of installments
The PGFN Ordinance 13,338/2020 amended, among other provisions, the Ordinance 7821/2020 extending the suspension period for administrative collection, the filing of proceedings for protesting certificates of active debt and the beginning of procedures for excluding taxpayers from installment payment programs administered by PGFN whose case of termination due to default in installments has been configured from February 2020 through June 30, 2020.
Management of administrative penalties in biddings
Through the NI 43/2020, the Ministry of Economy established procedures for payment of penalties from administrative contracts applied to federal government suppliers, allowing requests for installments, compensation and extension of collection to 2021.
Accessory obligations
DCTF
Extending the filing of the Statement of Federal Tax Liabilities and Credits (DCTF) from the 15th business day of April, May and June to the 15th day of July.
EFD-Contribuições
The EFD-Contribuições, that should be filled in April, May and June (including cases of extinction, incorporation, merger and total or partial spin-off) had the deadline extended to the 10th business day of July.
ECD
The Digital Bookkeeping (ECD) is another accessory obligation to have the term extended. The statement for the 2019 calendar year can be exceptionally filed until July 31, 2020. Learn more here.
CBE
The quarterly Statement of Brazilian Capital Abroad (base date March 31) was postponed to July 15. Learn more about this obligation here.
DEF
The quarterly Economic-Financial Statement (“DEF”) referring to the base date 03/31/2020 must be transmitted by June 30. Read more.
CND/CPEND:
Extension for ninety days of the validity period of the Non-Overdue Liability Certificates for Federal Tax Credits and the Federal Tax Liability (CND) and Liability Certificates with Non-Overdue Liability Effects for the Federal Tax Credits and the Federal Tax Liability (CPEND), according to RFB/PGFN Joint Ordinance 555/20.
Rely on the guidance of Domingues e Pinho Contadores' team to monitor the deadlines and adopt legal measures that may reduce the effects of the crisis due to the new coronavirus on business.
See also: Tax, financial, labor and social security initiatives in response to the crisis.
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