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ARTICLES

LEGAL RESOURSES

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    • ARTICLE 146 B: REMISSION OF TAX CREDITS OF TAXPAYERS SUBJECT TO A COMMERCIAL PROCEDURE

     

    In the case of taxpayers who are subject to a commercial insolvency proceeding, the tax authorities may partially forgive tax credits related to contributions that had to be paid prior to the date on which the commercial insolvency proceedings are initiated, provided that the merchant has held agreement with its creditors in the terms of the respective Law and in accordance with the following:

  • When the amount of tax credits represents less than 60% of the total credits recognized in the bankruptcy proceeding, the remission shall not exceed the minimum benefit of those granted by creditors who, not being related parties, together represent at least the 50% of the amount recognized to non-tax creditors.

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  • When the amount of the tax credits represents more than 60% of the total credits recognized in the bankruptcy proceedings, the forgiveness, determined in the terms of the preceding paragraph, shall not exceed the amount corresponding to the accessories of the contributions due.

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    The remission authorization must be subject to the requirements and guidelines established by the regulations of this Code.