EFD-Reinf: Change of dates of mandatory reporting and forecasting fines

The Brazilian Federal Revenue (RFB) published, on October 10, 2018, the RFB Normative Instruction 1,842/2018, amending the RFB Normative Instruction 1,701/2017, which deals with the Digital Tax Bookkeeping of Withholdings and Other Tax Information (EFD-Reinf).

Such normative instruction establishing a new obligation schedule (aligning the EFD-Reinf with the latest changes in deadlines occurred at eSocial) to provide information, through the EFD-Reinf, and also contains the prediction of penalties for situations where it was filed after deadline, failure or filed with inaccurate information.

With effect, it has the following contents:

Schedule

The new deadlines were set from the second group on are those from the following EFD-Reinf schedule table:

Penalties

A taxpayer who fails to file the EFD-Reinf within the established deadline or files it with inaccuracies or omissions will be required to file the original statement in the event of non-filing or, in other cases, to provide clarification within the period determined by the RFB, and will be subject to the following penalties:

a) two percent (2%) per calendar month or fraction, levied on the amount of taxes reported in EFD-Reinf, even if fully paid, in the event of failure to deliver the declaration or delivery after the deadline, limited to 20% (twenty per cent); and

b) BRL 20.00 per group of ten (10) incorrect or omitted information.

The minimum penalty limit to be applied is:

• BRL 200.00, in case of omission of statement without triggering event, or;
• BRL 500.00, if the taxable person fails to file the statement within the deadline or presents it with inaccuracies or omissions.

There is also the possibility to reduce  the penalty amount, as follows:

• in 50%, where the statement is filed after the deadline but before any ex officio procedure, or;
• in 25%, if the statement is filed after the deadline, but by the term established in subpoena.

Importantly: EFD-Reinf must be monthly transmitted by the 15th of the month following the month to which the bookkeeping refers to. However, if it is not a business day, the filing must be anticipated for the immediate prior business day.