On March, 24, 2023, Law No. 11,785 of Espírito Santo State (the “Law”) was published in the Official Gazette. The Law establishes the Installment Program for Tax Debts (the “Program”) related to ICMS, as well as penalties and interest, for taxable events that occurred up to and including July, 31, 2022.
The Law establishes the possibility to pay the debt in up to 180 monthly and successive installments and grants discounts on penalties and interest that can range from 40% to 100% depending on the date of application to the Program and the number of installments chosen by the taxpayer.
The installment plan will be considered breached and automatically terminated, regardless of any act of the tax authority, in the following situations: (i) non-payment of three consecutive or five non-consecutive installments; (ii) non-compliance with the tax due, related to the taxable events occurring after joining the Program, for more than 90 days; (iii) failure to deliver the tax return (“EFD”), in case of a taxpayer not under the simplified taxation system (Simples Nacional); or (iv) non-compliance with any requirements.
Applications for the Program can be submitted from March, 27, 2023 to August, 31, 2023.