Debts of companies and individuals registered in the active debt of Brazilian states grew 45% from 2015 to 2021 and should exceed the R$ 1 trillion mark in 2022. The data are part of the Active Debt Atlas, a work carried out by Fenafisco (National Federation of State and District Tax Authorities).
The entity also released this Wednesday (9) the survey “State Debt Barons”, which brings together the thousand companies with the highest debts registered in the 20 units of the federation that detail this information.
At the end of 2021, active debt totaled BRL 988 billion, considering data from the 26 states and the Federal District. The value is equivalent to 11.4% of Brazilian GDP. Fenafisco estimates that the value has reached the R$ 1 trillion mark this year.
Many of these debts are still being challenged in court, and most refer to discussions involving ICMS, the main tax collected directly by states.
According to the federation, the five largest debtors are the Manguinhos Oil Refinery, currently Refit, (R$7.7 billion), AmBev (R$6.3 billion), Vivo (4.9 billion), Sagra Produtos Farmacêuticos (R$ $4.1 billion), a company that filed for bankruptcy, and Drogavida Comercial de Drogas (R$3.9 billion).
AmBev, for example, claims that the values indicated are the result of discussions in which the company disagrees with the charge and that are still in progress in the courts. “Considering the size of the company and also because we are one of the largest taxpayers in the country, it is natural that, in sum, the amount under discussion is significant.”
Sought after, Refit and Vivo did not manifest themselves until the publication of this text. The report was unable to contact the other companies.
Charles Alcântara, president of Fenafisco, states that these are uncontroversial debts, already resolved administratively, with a decision in favor of the public administration, although these decisions can still be questioned in the Judiciary.
“These are debts that enjoy a presumption of certainty and liquidity. [contribuinte] is questioning, but this questioning does not invalidate the fact that he is in debt, and the State has to collect, has to execute this debt”, he says.
For him, the complexity of ICMS legislation contributes to this litigation, but it is not the main issue that explains the size of this debt. “You have notorious taxpayers who are big debtors, and the explanation isn’t in that complexity.”
biggest debtors
Manguinhos Refinery (Current Refit)
BRL 7.7 billion
AmBev
BRL 6.3 billion
Telephone / Vivo
BRL 4.9 billion
Sagra Pharmaceuticals (bankruptcy)
BRL 4.1 billion
Drug Commercial Drugs
BRL 3.9 billion
See the full list
Source: Active Debt Atlas – Fenafisco (National Federation of State and District Tax Authorities).
Alcântara says that active debt continues to grow, with an annual recovery percentage of less than 1% of the total. He attributes this increase to a number of factors. For example, the lack of a legal and institutional framework aimed at recovering these credits.
These are discussions that drag on for years, both in the administrative and judicial spheres, in part, due to the lack of structure to deal with these issues. He also sees a culture of evasion, linked to the companies’ certainty that there will always be a debt renegotiation program, the so-called Refis.
There is no tax secrecy on active debt. All states have information on the size of these debts, but only a few make the names of debtors available on their portals. In some cases, Fenafisco obtained the data after a request was made to the prosecutors and finance secretariats.
federal stock
The outstanding debt of the Federal Government and the FGTS was R$ 2.72 trillion in 2021. About 35% of this amount is classified as having a high chance of recoverability.
According to data from the PGFN (National Treasury Attorney General), debt collection totaled R$32 billion, a record amount and almost 30% higher than in 2020.
Of the total, R$ 6.4 billion (20%) are the result of tax transaction agreements. Since the beginning of the transaction program in 2019, more than BRL 200 billion in debt has been negotiated.
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