The Chamber of Deputies approved this Tuesday (12/9) the bill (PL) for persistent debtors, which creates rules and sanctions for companies that repeatedly and deliberately evade tax.
As the project had already been approved by the Senate in September and the deputies did not modify it, the text goes directly to President Luiz Inácio Lula da Silva (PT) for sanction. Government officials had been trying to vote on the proposal since 2023, but had not reached an agreement with party leaders.
The vote took place during an intense day in the House. Federal Deputy Glauber Braga (PSol-RJ) was forcibly expelled from the Board of Directors by the Legislative Police after occupying it in protest against the examination of his dismissal, guided by the President of the House, Hugo Motta (Republicanos-PB), this Wednesday (10/12).
Motta is accused of collusion due to the aggression suffered by journalists and parliamentarians from the company he commands.
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Shell companies
The project implements measures against fraudulent companies, called “oranges”, in the fuel sector. These measures include the requirement of minimum share capital and proof of legality of resources to obtain a national register of legal entities (CNPJ).
Criteria for persistent debtors
To be classified as a persistent debtor, the company must accumulate tax debts repeatedly, owe at least 15 million reais in federal taxes, and persist with this debt. The measure excludes from default cases in which the debt is duly justified, such as in situations of calamity or losses proven in the balance sheet.
Once filed, the persistent debtor company is exposed to the sanctions established by the draft. These sanctions include the suspension of activities and the suspension of the CNPJ.
The IRS can give taxpayers up to 120 days to acknowledge their debts and submit a regularization plan. The amount due will be consolidated and can be paid with a 30% deposit, while the rest can be paid in up to 60 installments.
Each payment will be adjusted by the accumulated Selic rate and will have an interest increase of 1% in the month of payment.
Trust
The proposal creates the Confia program, a voluntary opt-in tax compliance system. The idea is to encourage companies to properly comply with their tax and customs obligations.
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