Full Transaction Program Established to Reduce Federal Tax Litigation

On August 30, 2024, Ordinance MF No. 1,383 was published, establishing the Full Transaction Program (PTI). The PTI provides a set of measures to reduce federal tax litigation with “high economic impact,” encouraging the Federal Government and taxpayers to settle.

Two Settlement Methods

The new program provides for two settlement methods:

1. The first method applies only to credits under discussion at the judicial level, The credit will be based on the Reasonable Potential for Recovery of Judicialized Credit (PRJ). The PRJ is an index to be defined by the PGFN by assessing the prognosis and the degree of uncertainty of the result, as well as the average duration and recovery time of the credit.
   
   To request this method, the taxpayer must make the request through the Regularize system.

2. The second modality covers credits beings discussed at both administrative and judicial levels, as long as the credits address “issues of high economic impact” listed in Annex I of the Ordinance, including the following topics: tax amortization of goodwill, the requirements for calculating and paying Interest on Equity (JCP). and the deduction of administrative and regulatory penalties from the IRPJ and CSLL calculation basis.
   
   To request this method, the taxpayer can apply via e-CAC. However, if the debt is already enrolled as an overdue federal liability, the taxpayer must make the request through the Regularize system.
   
   (It is worth noting that the Ordinance allows new topics to be added to Annex I by a joint act of PGFN and RFB. Taxpayers may also suggest new topics.)

Existing Deposits

Existing deposits linked to the debts to be settled through PTI will automatically be converted into definitive payment, and, if there is any remaining balance, the existing conditions will be applied to it.

Still to Come

Additional details regarding the regulation of the PTI—such as deadlines and conditions—will be issued.