Companies registered in the active debt of São Paulo may negotiate the payment of the debts with the state government. As already occurs at the federal level, the State Attorney General’s Office (PGE) published PGE Resolution No. 27, which authorizes negotiation in the State. The rule is already in force, but only produces effects as from December 10. (Valor).
On November 24, PGE Resolution No. 27 was published to regulate State Law No. 17,293/2020, which establishes measures aimed at fiscal adjustment, among which is the settlement of credits of a tax or non-tax nature.
In summary, said resolution governs the requirements, conditions, and concessions for the terminative settlement of disputes related to the active debt registered with the State of São Paulo, with the detailing of the available modalities: by adhesion; and individual.
Among the provisions, the following stand out:
(i) the settlement in any of the modalities may include the following concessions: (a) discounts on interest and penalties (which range from 20% to 40%, in the specified situations); (b) installment payment; (c) deferral or moratorium and (d) substitution or disposal of assets given as security for tax foreclosure;
(ii) for debtors with a total updated registered debt equal to or less than R$ 10,000,000.00, the settlement will be carried out exclusively by adhesion;
(iii) in any of the provided modalities, the settlement may involve the following conditions, to be arbitrated through a reasoned decision of the Deputy Attorney General of the Tax-Fiscal Litigation Office:
(a) maintenance of the guarantees associated with the settled debts, when the settlement involves installment payment;
(b) presentation, for the final fulfillment of the settlement, of in rem or personal guarantees, surety insurance, fiduciary assignment of credit rights, fiduciary alienation of real property, as well as liquid and certain credits of the proponent against the State, recognized in a decision with res judicata;
(c) minimum value, in relation to the final consolidated liquid credit, of the guarantees offered for fulfillment of the settlement.
This resolution enters into force on the date of its publication, producing its effects as from December 10, 2020.
Sources: Valor Econômico / pwc.com.br
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