Chamber approves micro and small business debt program

Inactive companies will also be able to participate

Published in 16/12/2021 - 21:43 By Heloisa Cristaldo - Repórter da Agência Brasil* - Brasília

The Chamber of Deputies approved this Thursday (16) the debt installment program for micro and small companies participating in the Simples Nacional, including individual micro-entrepreneurs (MEI) and companies undergoing judicial recovery. The matter goes to presidential approval.

The Debt Payment Rescheduling Program under Simples Nacional (Relp) is aimed at indebted companies. In order for the payment to be made in installments, the first installment must be paid on time. The taxpayer will have discounts on interest, fines and charges proportionally to the drop in sales in the period from March to December 2020 compared to the period from March to December 2019. Companies inactive in the period may also participate.

After discounts and payment of a down payment, the remaining balance can be paid in up to 180 months, maturing in May of each year. However, for debts with Social Security, the installment will be in 60 months.

The first 12 installments should correspond to 0.4% of the consolidated debt; from the 13th to the 24th, the total sum must be equal to 0.5% of that debt; the total of the 25th to 36th installment should add up to 0.6% of the debt; and the sum of the 37th installment onwards will be the remainder divided by the number of remaining installments.

Each installment will have a minimum value of R$300, except in the case of MEI, which may pay R$50 per month. The correction will be at the Selic rate, levied from the month following the debt consolidation until the month before the payment, plus 1% in the month in which the installment is paid.

According to the text, debts may be paid in installments under the Simples Nacional, as long as the maturity has occurred up to the month immediately preceding the entry into force of the future law.

For 188 months, counting from the month of joining Relp, the taxpayer will not be able to participate in other installment plans or count on a reduction in the principal amount, interest or fines and charges. The exception is for the payment in installments provided for in the judicial reorganization plan, of 36 months.

The taxpayer will be excluded from the program in the event of bankruptcy or the imposition of a fiscal precautionary measure. In addition, the text provides for the exclusion for non-payment of three consecutive or six alternate installments; non-payment of the last installment; if property depletion is found to defraud compliance with the installment payment; if you do not pay the taxes that come due after joining the Relp or if you do not comply with obligations with the Severance Indemnity Fund (FGTS).

To join Relp, the beneficiary must give up administrative resources and legal actions against the government. In these cases, the taxpayer will not need to pay the attorney's fees for loss of suit. The real guarantees given administratively or in tax foreclosure proceedings are still valid.

*With information from the news agency Câmara de Notícias

Text translated using artificial intelligence.

Edition: Aline Leal

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