The Federal Revenue Service, through Normative Instruction RFB No. 2,216/2024, has increased the number of tax benefits that must be reported by taxpayers in the Declaration of Information on Tax Benefits (DIRBI) to 43. This change is a result of the amendments introduced by Provisional Measure 1,227/2024, which aims for stricter control over the use of tax incentives by companies, as part of the government’s efforts to reduce tax expenditures.
Among the new benefits that must be declared are ICMS subsidies, incentives under the Special Regime for the Petrochemical Industry (Reiq), tax incentives for the Manaus Free Trade Zone, and benefits related to the import of aircraft and pharmaceuticals. Companies must observe the deadline of October 20 for submitting or rectifying the declaration for the period from January to August 2024.
Submission Deadlines and General Rule
For tax benefits not related to IRPJ and CSLL, the submission deadline follows the general rule: by the 20th day of the second month following the tax assessment period. For benefits involving IRPJ and CSLL, the deadline varies according to the assessment regime. In the case of annual assessment, these benefits must be reported in the December declaration. For quarterly assessment, they must be declared in the month of the quarter’s closing.
Changes to the Subsidy Law
A significant highlight is the requirement to declare the amounts of subsidies that are no longer deductible from the IRPJ and CSLL tax bases, in accordance with Law 14,789/2023 (Subsidy Law). This law, instead of allowing the deduction, establishes a tax credit tied to the use of these benefits. Companies opting for Real Profit must demonstrate that the subsidies are aimed at expanding or implementing new projects.
Newly Included Items
Additionally, the obligation to declare benefits involving the Manaus Free Trade Zone, particularly the suspension of PIS and Cofins on the import of goods intended for industrialization, has been expanded. Another important item involves the zero rate reduction of PIS and Cofins on the import of aircraft and pharmaceuticals.
Penalties
Failure to declare tax benefits will result in penalties ranging from 0.5% to 1.5% of monthly gross revenue, capped at 30% of the total value of the tax benefits. In addition, a fine of 3% on the omitted amount, with a minimum of R$ 500.00, may be applied. These sanctions underscore the need for companies to strictly comply with the new obligations.
With these changes, it is essential that companies review their processes and ensure that all required information is properly included in DIRBI, to avoid potential penalties and sanctions.