It was necessary for the state and federal authorities to launch a massive operation against the fuel sector group Refit, identified as the largest tax evader in the country, for the president of the Chamber, Hugo Mota (Republicanos-PB), to announce the rapporteur of the project against stubborn debtors, Representative Antonio Carlos Rodríguez (PL-SP). Hopefully there will be no more procrastination. It is unacceptable for companies to use tax default as a business strategy, and deliberately and repeatedly fail to pay taxes to gain an advantage over the competition.
The proposal creates the Taxpayer Defense Act to prevent fraudsters from acting. It is written by Senator Rodrigo Pacheco (PSD-MG), and is careful not to target real entrepreneurs in financial difficulties. Anyone who has joined settlement programs with tax authorities or has questioned the debt at the administrative or judicial level, after providing guarantees or supporting him with arguments with public implications, will not be affected.
- Are you going now? Punishment of the advance “stubborn debtor” in the room after the operation in SP. Understand the project
If it is not distorted, the project will achieve gains on several fronts. First, it would make the business environment fairer, removing the advantage that tax evaders have over companies that make their tax payments. Second, by making the unjustified and irregular accumulation of debt more difficult, it will raise revenues and facilitate the management of public accounts, reducing pressures on spending.
- Tax evasion: The target of the massive operation, Revit Group is “the largest permanent debtor in the country”; Understand the chart
In Brazil, there are only 1,200 CNPJ arrears at the federal level that would fall within the definition offered by the project of a permanent debtor: a debt equal to or greater than R$15 million, greater than assets and without an attempt to renegotiate. Over the course of a decade, these CNPJ employees accumulated debts worth R$200 billion, according to a study by the Federal Revenue Service. Among the penalties stipulated in the text are: loss of any connection with public administration (including participation in tenders and benefit programs); The possibility of seeking or maintaining judicial recovery has ended; It is classified as invalid in the taxpayer’s register. If a partner tries to open a business with another CNPJ, the new company will also be included.
It is a shame that Congress did not act until after pressure from public opinion. Formulated in 2022, Project Pacheco only gained steam this year, following Operation Hidden Carbon in August, when 1,400 agents executed arrest and search warrants in seven states to investigate a billion-dollar scheme linked to the Primeiro Comando da Capital (PCC). Among the suspected crimes is tax fraud at gas stations. In September, the Senate finally approved the text by a vote of 71 to zero and sent it to the House for consideration.
At first, it seemed like the process would be quick. In October, MPs approved the urgency system, paving the way for the proposal to be put directly to a vote in the plenary session. The decision of the rapporteur remained, which did not happen until after the operation against Revit, which is accused of being the largest continuing debtor in the country, with debts amounting to 26 billion Brazilian reals. It is recommended that representatives do not waste any more time. Investigations revealed fraud worth $1 billion. It makes no sense to wait for a new process to approve more stringent rules.