On December 31, 2024, PGFN/MF Ordinance No. 2044/24 was published, setting forth new rules for the offering and acceptance of surety insurance within the scope of the Office of the Attorney General of the National Treasury (PGFN). This new regulation replaces PGFN Ordinance No. 164, dated February 27, 2014, introducing key changes, such as:

✔️ Standardized policy templates for easier compliance;
✔️ Possibility of offering surety insurance for tax debts not yet registered as active debt with the Union and the FGTS, when the taxpayer intends to challenge the merits in court, eliminating the need for separate litigation regarding guarantees;
✔️ Alignment with modern legislation, updating the regulatory framework.

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Key Highlights of the New Regulation

Immediate acceptance of compliant policies: If the policy meets the ordinance’s requirements, it will be automatically accepted without further review.

Lower compliance costs for taxpayers: Surety insurance is now a more affordable alternative compared to bank guarantees and eliminates the 30% additional policy value previously required to cover interest and monetary updates.

Partial surety insurance: The ordinance also allows for partial insurance coverage, meaning that the insured amount may be lower than the total debt. In such cases:

• Enforcement actions will continue for the uncovered portion of the debt;
• This option requires approval by the attorney handling the case;
• Even with partial guarantee, the taxpayer will not receive a tax compliance certificate.

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Regulatory Development Process

The ordinance was developed through public consultation, which received hundreds of suggestions. PGFN also engaged in ongoing dialogue with industry entities, including:

✔️ National Confederation of Insurers (CNseg);
✔️ National Federation of General Insurance (FenSeg);
✔️ Superintendence of Private Insurance (Susep).

This new framework aims to streamline the use of surety insurance and reduce bureaucratic hurdles.

The full text of the ordinance is available at this link. We are available to discuss this topic and provide assistance in addressing related matters.