Bolsonaro vetoes Refis to negotiate debts of MEIs and Simples Nacional companies

After much dispute between the Planalto Palace and the Economy, President Jair Bolsonaro (PL) fully vetoed, this Friday (7), the bill that intended to open a tax debt renegotiation program for MEIs (individual microentrepreneurs). ) and Simples Nacional companies.

The Chief Executive spoke to the Ministry of Economy and the AGU (Advocacy-General of the Union), which pointed to a risk of violation of the LRF (Fiscal Responsibility Law) and provisions of the LDO (Budget Guidelines Law) and the Constitution.

The decision was published in the Official Gazette this Friday (7). On the return of the Legislative year, in February, parliamentarians will analyze the veto, and may overturn it.

“The legislative proposal is unconstitutional and contrary to the public interest, since, by instituting the tax benefit, it would imply a waiver of revenue, in violation of the provisions of article 113 of the Transitional Constitutional Provisions Act, in article 14 of Complementary Law No. 101, of May 4, 2000 – Fiscal Responsibility Law, and in Article 125, Article 126 and Article 137 of Law No. 14,116, of December 31, 2020 – Budget Guidelines Law 2021”, says the justification of Economy and AGU.

The episode caused discomfort in the Plateau. The president did not want to veto the measure, but the technicians did not reach a safe exit, from a fiscal point of view. Therefore, it is a victory for the Revenue team.

At the beginning of his weekly live this Thursday (6), appearing not to know that the broadcast had already started, Bolsonaro indicated that he was against the veto. “How are things, right? The guy wanting me to veto Simples Nacional”, he said.

Before that, an assistant to Bolsonaro stated in the video that he was following the topic. “You are now with Julio Cesar [Vieira Gomes, secretário especial da Receita Federal], I’m following it”, said the assistant.

According to interlocutors, the possibility of a partial veto, to prevent the entry of companies that were not affected by the pandemic into the renegotiation program, was raised, but without success.

By granting discounts to debtors, the program approved by the National Congress would generate a waiver of revenue. The impact, however, is not foreseen in the 2022 Budget.

According to sources in the economic area, the impact on revenue this year would be approximately R$ 600 million. The government estimates that R$50 billion could be traded.

The day of comings and goings at the Palace regarding the bill also had repercussions in Congress.

Before the veto published this Friday, deputy Marco Bertaiolli (PSD-SP), who was the rapporteur of the proposal in the Chamber and coordinates the Parliamentary Front for Entrepreneurship, criticized the government’s intention to veto the text.

According to him, the government would no longer benefit 4.5 million Simples companies.

“We are very disappointed with this news. We are the most economically harmed by the pandemic. Companies were closed, accumulating debts”, said Bertaiolli.

For the deputy, the veto makes it impossible for entrepreneurs across the country to gain breath to go through 2022. “Micro-entrepreneurs do not have the same conditions as large companies and need help to reverse almost two years of losses in their activities”, he said.

Before Bolsonaro’s final decision, Bertaiolli has already promised to work to overturn the veto, should that be the choice. He pointed out that the Parliamentary Entrepreneurship Front alone has more than 200 parliamentarians, including deputies and senators.