On September 5, 2024, Normative Instruction RFB No. 2,214/24 was published, introducing significant changes to IN RFB No. 2055/21 regarding the treatment of subsidy credits for the expansion or implementation of economic projects. Among the main modifications are the inclusion of new rules for reimbursement and compensation of credits and the redefinition of applicable procedures.
Key Changes
Inclusion of Section V in Chapter III of IN RFB 2055/21 A specific section was created to regulate the reimbursement and compensation of tax credits derived from subsidies, which was not provided for in the previous version of the regulation.
Process for Reimbursement and Compensation Requests (Articles 58-A to 58-C) Companies qualified by the Federal Revenue Service, in accordance with the requirements of Law No. 14,789/23 and IN RFB No. 2170/23, may request reimbursement or compensate tax credits related to subsidies. The previous regulation did not address these specific credits.
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- Article 58-A: Reimbursement requests or compensation declarations must be made through the PER/DCOMP program or, in its absence, using forms attached to the instruction.
- Article 58-B: Each reimbursement request must refer to only one specific assessment period.
- Article 58-C: Compensation or reimbursement must be preceded by the calculation of tax credits within the scope of the Fiscal Accounting Records, and the compensation declaration must be submitted before the reimbursement request. If tax credits are not compensated, the Federal Revenue Service will make the reimbursement within 24 months, counted from the date of the original request.
Exemption from Compensatory Interest (Article 151, Item “V”) Item “V” of Article 151 of IN RFB 2055/21 establishes that, in cases of reimbursement or compensation of tax credits related to subsidies, there will be no compensatory interest. This measure has been criticized as resulting in a form of confiscation since the taxpayer will receive no compensation for the amount to be compensated.
Interest in REINTEGRA (Article 152, Paragraph 1) The new Article 152, Paragraph 1, states that there will be no payment of interest on reimbursement requests for credits under the REINTEGRA program unless the reimbursement does not occur within 360 days after submission. In such a case, interest will be calculated based on the SELIC rate, plus 1% per month.