How to avoid fines and penalties at Siscoserv

Siscoserv - Integrated Foreign Trade in Services, Intangibles and Other Operations that Produce Changes in Equity (Sistema Integrado de Comércio Exterior de Serviços, Intangíveis e Outras Operações que Produzam Variações no Patrimônio) still raises doubts as to what should be registered, and many companies, even being required, did not provided any kind of registration. This behavior exposes the company to penalties and fines.

Cautions that the company should have:

• Identify the departments/sectors/management involved to make members aware of the importance of this obligation;
• Map the company's operations with residents or domiciled abroad;
• Establish documents flow and deploy procedures to create a routine enabling the diagnosis of operations that may be registered, in order to guarantee fulfillment of deadlines with quality in execution;
• Investment in training of the team responsible for Siscoserv information management and operationalization, as well as in a computerized system;
• Adapt company’s internal policies aiming to optimize the provision of information to Siscoserv;
• Analyze carefully all documents involved in the operation, in order to fit correctly in the system registry modules, properly classifying the services, intangible or other operations that cause change in equity, according to the NBS table;
• Attention to its deployment schedule and deadlines to file information, according to the SISCOSERV manual instructions;
• Keep the documents in good order, organizing them per type of stated record, so that may be possible to prove the information origin at any time;
• Provide regular internal audits to keep the provided information quality;
• Attention to the legislative changes and other measures that govern the subject.

This operations analysis and registration in Siscoserv outsourcing service brings peace of mind that it will be carried out by specialized professionals, guaranteeing quality and costs reduction.

Fines and Penalties

The taxable person who fails to provide the information or files it with inaccuracies or omissions shall be summoned to file them or to provide information within the period RFB stipulates and shall be exposed to the following fines payment:

I - extemporaneous filing:

a) BRL 500.00, per calendar month or fraction, for legal entities that are in the beginning of its activities or immune or exempt or that, in the last filed statement, have verified presumed profit or have opted for Simples Nacional;

b) BRL 1,500.00, per calendar month or fraction, for other legal entities;

c) BRL 100.00, per calendar month or fraction, for individuals.

II - the non-compliance with the summons of RFB to fulfill this accessory obligation or to provide information within the deadline established by the tax authority: BRL 500.00, per calendar month (reduction of 70% for those who opt for the Simples Nacional); and

III - for compliance with accessory obligation with inaccurate, incomplete or omitted information (reduction of 70% for those who opt for the Simples Nacional):

 

a) 3%, not less than BRL 100.00, from the commercial or financial transactions values, specific to legal entity or third parties related to which is tax responsible;

b) 5%, not less than BRL 50.00, of the value of the commercial transactions or of the financial operations, specific to the individual or third parties related to which is tax responsible.

It is noteworthy that penalties may be concurrently applied. In addition, companies that fail to comply with the Siscoserv obligations may lose their fiscal incentive programs.