The penalty to the Tax Accounting Bookkeeping for companies taxed by presumed, arbitrated, or immune/exempt profits is modified

The Federal Revenue of Brazil (RFB) published the Normative Instruction 1821/2018, on Jul-31-2018, which modifies the paragraph 2 of Article 6 of the Normative Instruction RFB 1422/2013, providing for the Accounting Tax Bookkeeping (ECF).

It is established that legal entities taxed by Corporate Income Tax (IRPJ) under any system other than real profit, that is, those taxed by the presumed profit, arbitrated profit and immune or exempt, that fail to file ECF within deadline or filed with inaccuracies or omissions, are subject to penalties, provided for in Article 12, of Law 8218/1991, as follows:

a) Penalty to those who do not meet the requirements to file the records and its respective files equal to 0.5% of the gross revenue in the period the bookkeeping refers to;

b) Penalty to those who omit or incorrectly provide the records and their files information equal to 5% of the corresponding transaction value, limited to 1% of the gross revenue in the period to which the bookkeeping refers to;

c) Penalty to those who do not meet the deadline established for the presentation of the records and respective files equal to 0.02% per day in delay, calculated on gross revenue in the period to which bookkeeping refers to, limited to 1% thereof.

Note: Penalties will be reduced by 50% when the obligation is met after the deadline, but before any ex-officio procedure and reduced to 75%, if the obligation is fulfilled within the deadline set in the subpoena.