SPED: measures to avoid fines and penalties

The Public Digital Bookkeeping System, SPED, is an advance in the computerization of the relationship between the tax authorities and the taxpayers, encouraging, also, more transparency of the information. It is a tool that unifies the filed, validation and storage of various information (accounting, tax, labor, social security, among others) of legal entities. It has several modules (see next image) with different characteristics and deadlines.

The objective is to rationalize and standardize ancillary obligations, promoting the integration between different inspection agencies and the identification of errors or illegal taxes more quickly. With this, the volume of physical documents decreased, by contrast, the information is more detailed and accessible to regulatory and oversight agencies, mainly the Brazilian Internal Revenue Service and the Treasury Offices.

Thus, companies need to pay attention to the data, filing deadline, among other points that will be clarified below, to avoid possible fines or penalties.

Know the system and legislation

First, it should be understood that SPED is a project still in progress with several modules and phases and, due to its high complexity, requires constant monitoring and specialized advice. Also, it is important to know the functioning of the legislation, the system, the way of use and deadlines in order to minimize errors and mitigate risks and penalties.

An alert: The SPED brought some changes in the periodicity for sending information. Data that were previously reported annually began to be demanded monthly or punctually, immediately after the triggering event. Leaving the information to the last hour can lead to conflict, as well as the risk of reporting incorrect data. Therefore, anticipate yourself whenever possible.

Change of culture

This new way of communication with the tax authorities, where information is crossed more quickly and efficiently, places companies in a new moment in which administrative routines and corporate culture need to be rethought.

The ideal is for the company to constantly map and track processes, making the necessary adjustments to be up-to-date and in compliance with legislation. In the mapping process, the areas impacted by SPED are identified and the role of each member in the team. All areas, from purchases, through the personal department, sales, billing, with senior management support, need to be aligned for the filed of correct and timely data. Therefore, it is necessary to map processes and create a routine together, which optimizes efforts, minimizing errors that may go unnoticed.

Another point that needs attention is the training of the teams involved. A simple form filled out incorrectly can compromise fiscal quality. Therefore, organizing internal processes and having trained and updated teams is an important and necessary step, as everyone involved must understand the new fiscal environment so that they work carefully, observing the relevant legislation.

With the increasing volume of data, it is important that the calculation be done in advance. Each SPED module has specific deadlines and the company must be aware of the schedule.

Another need is to make sure that the system adopted meets the requirements of each SPED module, with information that is properly parameterized and always updated. The possible adjustments and updates can be made by a consultancy, for example, to adjust according to the needs of the company or according to the changes in the tax legislation, because, regardless of the system used, the company will be able to operate in compliance with the legal regulations. Also, performing tax mapping, testing and validations are actions that ensure even more safety and tranquility of mind for any company.

Accurate and reliable information to avoid fines

When there is no planning and organization, it increases the risk of sending inconsistent information, such as errors between calculation basis, rate and taxes. And this can be interpreted by the tax authorities as fiscal misconduct, which is subject to fine and other penalties. To avoid such setbacks, it is best to have an audit or review of processes before sending the documents.

A detailed review verifies that the accounting and tax records are adequate to be sent, validating the data through the crossing of records and other methodologies. Testing in a similar environment or test environment reduces the chance of errors in the official environment, and audit tools help point data flaws and inconsistencies.

In addition, it brings savings of resources and time of the team, making possible corrections and previous improvements, as well as the contribution so that this process reaches the continuous improvement. Thus, the purpose of a thorough prior analysis is not only to review records, but to be able to generate material that contributes to a critical orientation of what needs to be done.

The idea is that this process of analysis or review is also useful for the company to be able to make better and more strategic decisions in the future, not only checking the data, but also identifying processes that can be improved.

Specialized consultancy

Domingues e Pinho Contadores offers consultancy in the implementation and update of SPED for companies that need to adapt their systems and procedures to the constant changes in the legal obligations. For companies with in-company accounting, DPC offers analysis, preparation and transmission of electronic files, analysis and review of generated files and training.

Know all the services we offer here.