Simples Nacional companies will have until March 31 to settle debts, decides committee

The Managing Committee of Simples Nacional decided this Friday (21) to extend, until March 31, the deadline for companies to settle their debts and remain in the simplified regime, with a lower tax burden.

The deadline for companies to apply, in turn, is maintained at January 31.

The measure is part of the package negotiated by the Jair Bolsonaro government (PL) with parliamentarians, after the chief executive vetoed – unwillingly – the law that would institute a broad program to renegotiate small business debts.

With the postponement of the deadline for debt settlement, the National Congress will have time to overturn the veto and reinstate the Refis (tax debt refinancing program), approved last year with extensive discounts for micro and small companies.

The president wanted to sanction the program, but was advised against by aides to avoid breaking the electoral law.

The legislation prohibits the granting of benefits in an election year, and there is controversy as to whether a Refis would fit this provision. The Planalto’s final decision was not to take any risks.

The veto of the Simples Nacional Refis opened a crisis within the government and angered the National Congress, where leaders had given broad support to the measure.

The proposal had also received a contrary opinion from the Ministry of Economy, due to the absence of measures to offset the tax waiver, which would amount to BRL 1.2 billion within the scope of the Federal Revenue Service and BRL 489 million at the PGFN (Attorney General’s Office). National Farm).

Bolsonaro acknowledged in interviews that the clash between the political and economic teams generated unease in the government.

“I was forced to veto the renegotiation of the debts of small and micro companies. This logically caused stress between me and the economic team, in a good way”, stated the president on January 10th. A few days earlier, he even said that Paulo Guedes’ portfolio “leaves something to be desired”.

Since the veto, Bolsonaro has ordered his aides to find a solution to the debts of smaller companies. The president has also encouraged the override of the veto.

Rapporteur of Refis in the Chamber, deputy Marco Bertaiolli (PSD-SP), says that the extension of the regularization period opens the way for the articulation of parliamentarians. According to him, the effort now is for the president of Congress, senator Rodrigo Pacheco (PSD-MG), to convene a session in February to consider the veto.

“I have no doubt that this will be done in February, even more so with this signal from the Ministry of Economy that they expect the overturning of the veto to Refis”, says Bertaiolli.

The Simples Refis law provides for more favorable conditions for debt negotiation. 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% on interest and fines and from 75% to 100% on charges and legal fees, also according to the impact of the crisis on their cash.

Companies that did not experience any losses, or even increased revenues, during the crisis could also adhere to the program approved by Congress. All debts enter the negotiation, including those that are processed by the Federal Revenue.

On January 11, in an attempt to assuage criticism, the government issued an ordinance to renegotiate debts of Simples Nacional companies with the PGFN. It was a first nod to the category.

By the ordinance, companies have until March 31 to join the negotiation. Those who opt for the modality will need to pay an entry equivalent to 1% of the negotiated value, in up to eight installments.

The remaining balance of the debt must be paid in up to 137 installments, with discounts of up to 100% in interest, fines and charges. The rebate, however, cannot be greater than 70% of the total debt value (principal plus corrections).

In the so-called tax transaction, the discount amount is defined on a case-by-case basis by the PGFN, according to the debtor’s ability to pay. If the company has had losses during the crisis caused by the Covid-19 pandemic, this will be computed as a reduction in the company’s ability to pay.

There is also the possibility of joining the small value transaction (for debts up to R$ 72,720), with a down payment of 1% and discounts of up to 50%, depending on the payment term chosen.

Government sources admit, however, that the ordinance is not very effective in solving the problem. The measure only covers debts already registered in the Union’s active debt, not including those in the administrative phase of collection by the Federal Revenue.