Interview of Juliana Assolari for the portal Tradenews. Read the full article
With the improvement of the Federal Revenue Service’s controls, Lassori Advogados’ tax attorney Juliana Assolari points out that it is possible for the failure to submit the return to be detected within a period of approximately 12 months, when the taxpayer will receive the notice of assessment of the fine.
The notice and the Federal Revenue Collection Document (DARF) are issued together with the receipt of submission of the return. “However, the Federal Revenue Service may assess the taxpayer for the failure to submit the return within a period of up to 5 years.”
If you submitted the return late and were fined, the tax attorney stresses that one way to ease the penalties is to pay the amount within 30 days, because, after this period, late-payment interest begins to accrue – referenced to the Selic rate.
For returns entitled to a refund, if the fine is not paid by the due date, it will be deducted, with the respective legal additions, from the amount of the tax to be refunded.
On the other hand, she stresses that if the taxpayer does not agree with the fine – that is, considers that they submitted the return within the deadline, or understands that the fine is not due for some other reason – it is possible to present a defense within 30 days of the due date.
“However, this procedure is not provided for in the legislation, and the taxpayer may be subject to inspection and to any other penalties that the tax authorities deem applicable.”
← Back to blog