On January 20, 2025, PGFN/MF Ordinance No. 95 was published in the Official Gazette of the Union, establishing rules and procedures for the waiver of guarantees in judicial disputes over tax credits upheld by casting vote, as provided in Article 25, §9º of Decree No. 70.235/1972 and Article 4 of Law No. 14.689/2023.
Administrative Procedure for Assessing Tax Compliance
To evaluate tax compliance for debts under judicial dispute arising from matters decided by casting vote, the ordinance establishes a specific administrative procedure on the Regularize platform. Taxpayers wishing to request the waiver must submit the following:
Identification of the tax debts registered as active debts with the Union to be guaranteed;
Independent audit report on financial statements (for legal entities);
List of unencumbered assets, along with supporting documentation proving ownership and valuation;
Commitment to notify the Office of the Attorney General of the National Treasury (PGFN) of the sale or encumbrance of listed assets and, if necessary, to provide alternative unencumbered assets;
Commitment to settle any debts that may be registered as active debt or become due within 90 days after the request.
PGFN Evaluation Criteria
Once the required documentation is submitted, PGFN will assess the following:
✔️ Payment capacity, based on the taxpayer’s net worth, applying the adjusted realizable net worth method;
✔️ Absence of other enforceable tax debts registered as active debts with the Union;
✔️ History of tax compliance, requiring that the taxpayer has held a valid tax compliance certificate issued jointly by the Federal Revenue Service of Brazil (RFB) and PGFN for at least 9 of the last 12 months before initiating the judicial measure.
Revocation of Tax Compliance Certification
PGFN may revoke tax compliance status at any time if:
❌ The taxpayer remains non-compliant for more than 90 days;
❌ The taxpayer fails to notify PGFN of the loss, depreciation, sale, or encumbrance of the listed assets;
❌ The taxpayer does not provide alternative unencumbered assets to replace those that were lost, depreciated, or sold;
❌ The judicial dispute is ruled in favor of the National Treasury;
❌ Discrepancies are found in the taxpayer’s registration, assets, or financial data used to determine payment capacity;
❌ PGFN rejects the substitute assets proposed to replace those initially listed for tax compliance certification.
In case of revocation, the taxpayer may rectify the issue that led to the revocation or file an objection within 10 days.
We remain available to analyze the new regulation and assess the feasibility of obtaining tax compliance certification for the waiver of guarantees in judicial disputes.
