Regulatory Agencies – Amnesty Program
Non-tax liabilities of 159 regulatory agencies may be regularized
The Provisional Measure (“MP”) No. 780/2017 established the “PRD” – Program for Installment of Non-Tax Debts with the possibility of partial amnesty of debts to the regulatory agencies (autarchies), federal institutes, and debts required by the Federal Attorney General’s Office, for debts due up to March 31, 2017.
According to Provisional Measure, the adhesion to the program occurs in 120 days counted from the regulation by the own legal entities. Once the first installment has been paid, the remaining installments will mature as of January 1, 2018.
In this sense, the Central Bank “BACEN” and Securities Commission “CVM” ruled its specific regulation that allows paying outstanding debts in the administrative phase, that is, before the debts are required by the Federal Attorney General’s Office.
In addition, also the Federal Attorney General’s Office regulated its instalment and amnesty program in relation to the debts it charges.
Debts required by the Federal Prosecutor’s Office cover the debts of 159 regulatory agencies and federal foundations, including ANVISA, ANEEL, INSS, IBAMA, INMETRO and the CVM and the Brazilian Central Bank – BACEN.
The program provides for the payment of a cash payment ranging from 20% to 50% of the debt without reductions, and the payment of remaining in up to 60% reduction of fine and interest in 59 installments or without reductions in up to 239 installments.
For administrative debts (collected by the regulatory agency itself) there is not yet a definite deadline and form of adhesion for Autarchy and Foundations which have not yet submitted its own regulation.