The Office of the Attorney General of the National Treasury (PGFN) has issued Ordinance PGFN/MF No. 721/2025, establishing a new settlement modality under the Programa de Transação Integral (PTI), specifically designed for the negotiation of high-value tax claims that are under judicial dispute and currently suspended or secured.
The measure allows for the individual negotiation of debts enrolled in the federal overdue tax liability registry (dívida ativa da União) exceeding BRL 50 million per entry. This new framework is based on the Reasonable Recovery Potential (PRJ), an index calculated by the PGFN itself, considering factors such as:
- Length of judicial proceedings;
- Risk of loss for the National Treasury;
- Cost of judicial enforcement.
The parameters used to calculate the PRJ will not be disclosed to taxpayers, a point that has drawn criticism from tax law practitioners.
Discounts and Payment Terms
- Discounts of up to 65%, applicable exclusively to interest, fines, and legal charges (not applicable to the principal amount);
- Installment plans of up to 120 months, with the possibility of a progressive payment schedule;
- Use of federal precatórios (court-ordered government payments) or tax credits with final judicial decisions for debt reduction;
- Flexibility with regard to guarantees: possibility of replacement or release;
- Automatic conversion of judicial deposits into definitive payment upon settlement—no refunds or negotiations allowed.
Key Considerations
- Minimum value per registration: BRL 50 million. Debts dispersed across multiple lawsuits may not be aggregated for eligibility, unless litigated within the same proceeding;
- Use of tax loss carryforwards and negative CSLL bases is not permitted;
- Taxpayers may not challenge the PRJ criteria or results in judicial or administrative proceedings;
- Judicial deposits are not subject to negotiation or allocation, which may discourage compliant taxpayers who opted for this type of guarantee.
Procedure
- The taxpayer expresses interest via the Regularize portal;
- Indicates the debt registration and submits documentation;
- PGFN analyzes the PRJ and proposes settlement conditions;
- The agreement is formalized upon taxpayer acceptance.
Outlook
According to projections in the Annual Budget Law (LOA), the Federal Government expects to collect BRL 30 billion in 2025 through the Programa de Transação Integral. While the initiative reflects an effort toward consensual resolution of major tax disputes, it also introduces significant limitations, restricting its applicability to economic groups with consolidated litigation and substantial financial capacity.
To assess whether your company may benefit from this new settlement modality, please contact our office for a tailored strategic evaluation.