Chamber approves MP that increases bank taxation to pay for Simples renegotiation

The Chamber of Deputies approved this Tuesday (30) a provisional measure that increases the taxation of banks and financial institutions to help pay for the renegotiation of debts of Simples Nacional companies.

The basic text was approved by 361 to 14. Deputies rejected highlights. Now, the MP goes to the Senate. If it is not voted on by September 7, it loses its validity.

The rapporteur of the text, Captain Alberto Neto (PL-AM), did not make any changes to the MP. In his opinion, he said he was against measures to increase the tax burden in the country. “However, we understand that, in special situations, exceptional measures are also necessary, as is the moment we are going through in Brazil, in which an increase in collection is required for the financing of important public policies”, he said.

“In this context, financial institutions are in a position to give a slightly larger share of contribution for a short period of time, since the proposed measure will only take effect for five months, between August 1, 2022 and the end of the year. .”

The MP determines that the CSLL (Social Contribution on Net Income) of banks will rise from 20% to 21% by the end of this year, while the rate of other financial institutions will rise from 15% to 16%.

In the explanatory memorandum, the government says that the urgency of the provisional measure stems from “the need to increase tax collection to maintain the Union’s budget-financial balance.”

According to the Executive’s accounts, the measure should generate an increase in collection of R$ 244.1 million in 2022.

Even before the publication of the MP, banks were already criticizing the increase in a context of high Selic base rate and higher credit.

The increase was necessary, according to the government, to compensate for a waiver of around R$500 million with the Relp (Program for Rescheduling Payment of Debts in the Scope of Simples Nacional), as the Refis focused on small businesses became known.

The law was enacted on March 17, after the National Congress overturned a veto by Bolsonaro on the measure. The veto was necessary precisely because the program had been approved without provision for waiver in the Budget or a compensatory measure.

The government estimates that up to R$ 50 billion in debts can be negotiated in Refis do Simples.

The program allows companies registered in Simples and MEIs to pay their debts in up to 180 months (15 years). The negotiation must respect the minimum amount of R$ 300 for the installment, with the exception of MEIs, which may pay at least R$ 50 per month.

Micro and small companies would pay a down payment of 1% to 12.5% ​​of the debt value, depending on the degree of loss of income during the crisis caused by the Covid-19 pandemic.

In addition, they would have discounts between 65% and 90% in interest and fines and from 75% to 100% in charges and legal fees, also according to the impact of the crisis on their cash. Companies that had revenue gains in the pandemic will be able to join the renegotiation.

The measure was created as a response to the difficulties faced by small businesses during the Covid-19 crisis. Although the Ministry of Economy suggested the veto of the measure, during the pandemic, Minister Paulo Guedes (Economy) himself spoke about the possibility of these companies receiving an installment of tax obligations.

Earlier, the deputies approved a provisional measure that changes the rules of the FGHab (Guarantee Fund for Popular Housing), with the objective of expanding the access of low-income families to cheaper lines of credit to purchase their own home. The text was approved in a symbolic vote and goes to the Senate, where it needs to be voted on by September 4th so it doesn’t lose its validity.

The fund has been in existence since 2009, but is rarely used due to limited collateral usage rules. Coverages included payment of the outstanding balance in the event of death or permanent disability, recovery expenses in the event of physical damage to the property or payment of benefits in the event of unemployment or temporary loss of income.

The MP provides that the operations contracted at Casa Verde and Amarela may be covered by the guarantee fund. In this way, the fund will be used to mitigate the risk of banks in housing financing for low-income people in the program. The government’s expectation is to make credit cheaper and easier for this public.

The rapporteur of the text, deputy Marco Brasil (PP-PR), accepted some amendments. One of them extends the fund’s coverage to used or existing properties — today, it only covers new properties.

In addition, it extended to individual micro-entrepreneurs and micro-enterprises the special treatment in the collection of pecuniary commission of funds with specific purposes that count on the participation of the Union.

The MP also extends the PEAC (emergency credit access program) in the form of guarantees to individual micro-entrepreneurs and micro-enterprises — before, the PEAC-FGI was restricted to small and medium-sized companies.

The text extends the deadline for contracting credit operations to December 31, 2023 – by law, the program only contemplated loans until December 31, 2020.

According to the MP, as of January 1, 2024, the amounts not committed to guarantees granted will be returned annually to the Union through the redemption of quotas.