The Decree nr. 62,709/2017 of São Paulo State creates a new Special Installment Payment Program to ICMS debits (“PEP/ICMS”), related to taxable events occurred before December 31, 2016.
The taxpayer must submit the Application to the Installment Payment Program until August 15, 2017 and choose one of the payment methods summarized in the sheet below:
In addition to the above mentioned reductions, the Decree establish that in the case of ICMS debts originated from Tax Assessment (“AIIM”) the punitive penalties can be cumulatively reduced in:
- 70%, in case of lump sum payment, and if the payment occurs within 15 days from the date the tax assessment notification;
- 60%, in case of lump sum payment, and if the payment occurs within 30 days from the date the tax assessment notification;
- 25%, other cases, concerning to debts that is still under discussion at the administrative level.
It is important to mention that the accumulated ICMS tax credits and the reimbursed ICMS can be used to pay the debts in the program, as well as court deposits.
The Decree also allows transferences of residual amounts not paid in previous installment payment programs to the new program, in accordance with the PEP/ICMS regulations.
Finally, if the debt is already being charged in a tax collection lawsuit, the taxpayers must pay the court costs, considering that public attorney fees were reduced to 5% of the original amount charged.
Our office is available to provide the necessary assistance in matters related to PEP / ICMS.
Allander Batista was lawyer in tax area at Pacheco Neto Sanden Teisseire Law Firm.
Vanderlei de Souza Júnior was lawyer in tax area of Pacheco Neto Sanden Teisseire Law Firm.
