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Legal Update

Brazil: New CONFAZ Value-Added Tax (ICMS) Conventions: Tax Amnesty Programs for the States of Paraíba, Goiás and Rio Grande do Norte

27 October 2015
Tauil & Chequer Legal Update

On October 19, 2015, the Official Gazette published the CONFAZ ICMS Conventions No. 122/2015, No. 123/2015, and No. 125/2015 passed by the National Finance Policy Council – CONFAZ.

Convention No. 122/2015 modifies Convention No. 76/2015, extending the final date for application for the Tax Amnesty Program of the State of Paraíba to October 31, 2015. The lump sum payment must be made by November 03, 2015, with a reduction of up to 100% in fines and 50% in interest. The lump sum payment relating to noncompliance with ancillary obligations may be reduced by up to 90%, if made by November 30, 2015.

Convention No. 123/2015 modifies Convention No. 73/2015, which has authorized the State of Goiás to waive or reduce penalties and interest relating to ICMS debts whose tax events occurred until June 30, 2015, and also provide an installments payment alternative, irrespective of whether or not the tax debts have been assessed or enrolled among immediately enforceable debts, including those that are subject to legal proceedings.

Convention No. 125/2015 modifies Convention No. 11/2009, which has authorized the State of Rio Grande do Norte to implement the Tax Amnesty Program to waive or reduce penalties and interest relating to ICMS debts whose tax events occurred until December 31, 2014, irrespective of whether or not the tax debts have been assessed or enrolled among immediately enforceable debts, including those that are subject to legal proceedings. The final date for application is December 15, 2015.

So far the States have not yet enacted any laws regulating these provisions.

Authors

  • Carolina M. Bottino
    T +55 21 2127 4217
  • Diana Castro
    Associate
    T +55 21 2127 4252
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