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Brazil Regulates New Rules for Tax Debt Settlement — Orbitax Tax News & Alerts

Brazil's Ministry of Finance recently announced the publication of Ordinance RFB No. 208 of 11 August 2022, which regulates the changes and new rules for the settlement of tax debts recently introduced by Law No. 14.375 of 21 June 2022. Further to the changes previously reported, one of the key points of clarification provided by the Ordinance concerns the new rules allowing for the use of credits from corporate income tax (IRPJ) losses and/or a negative social contribution on profits (CSLL) calculation base to pay off tax debts. As per the Ordinance, the use of such tax loss credits and negative CSLL tax base may not exceed 70% of the balance to be paid by the taxpayer. It is also clarified that while the allowed number of monthly installments has been increased to 120 in general, the maximum number of monthly installments for social contribution debts is 60. Lastly, the Ordinance contains detailed provisions in relation to the new rules allowing for the settlement of tax debts that are in administrative litigation.