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Federal Revenue regulates REFIS for small businesses

April 29, 2022

On April 29, Federal Revenue Normative Instruction No. 2,078 was published, regulating the Debt Payment Rescheduling Program within the scope of the Simples Nacional (Relp) established by Complementary Law No. 193/2022. The program, known as “Refis” for small businesses, aims to provide better conditions for individual microentrepreneurs (MEI), microenterprises (ME) and small businesses (EPP) whether or not they opt for the Simples Nacional regime, to be in good standing with the Tax Authorities, reducing the economic effects of the Covid-19 pandemic.

The measure, in addition to the installment plan, allows for the reduction of fines and interest according to the reduction in gross revenue, which may vary from a discount of 65%, if there is no reduction, to 90% if the company has suffered a reduction of 80% in its revenue.

The consolidated balance of debts can be paid in up to 180 installments, so that the installments cannot be less than R$$ 300.00 for micro and small companies, or R$$ 50.00 for MEI. However, amounts related to social security contributions withheld from insured individuals can only be paid in up to 60 installments. Each installment is subject to interest equivalent to the monthly accumulated SELIC index, calculated from the month following the program's enrollment until the month prior to payment, in addition to an additional interest of R$1% for the month in which the payment is made.

Finally, it is also worth noting that debts related to non-compliance with accessory obligations, such as fines for late submission of declarations, social security contributions calculated under the Simples Nacional regime, debts not covered by Simples and debts of a company that has been declared bankrupt cannot be included in the Relp.

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