The Ministry of Finance created the Full Transaction Program (PTI) through Normative Ordinance No. 1,383/2024, the aim of which is to reduce tax litigation with a high economic impact by promoting the settlement of liabilities and closing disputes consensually. The measure aims to increase tax collection and mitigate risks related to tax disputes, while facilitating negotiations between taxpayers and the tax authorities.
The PTI consists of two types of transaction:
1. Transaction of judicialised credits with a high economic impact: Focused on credits already under judicial discussion, based on the Reasonable Potential for Recovery of the Judicialised Credit (PRJ). In this modality, the Attorney General of the National Treasury (PGFN) assesses the feasibility of recovering the credit, taking into account the degree of uncertainty of the lawsuits and the length of time they have been pending.
2. Transaction in tax litigation of relevant and widespread legal controversy: Aimed at administrative and judicial litigation related to issues of great economic impact, listed in Annex I of the ordinance. This modality allows for the inclusion of new topics by joint act of the PGFN and the Federal Revenue Service.
Among the topics already included in the programme are issues such as the levying of social security contributions on profit sharing, the deduction of interest on equity (JCP), the tax amortisation of goodwill, and the application of transfer pricing rules.
Transaction requests must be submitted via the Regularise and e-Cac portals, depending on the procedural stage of the claim. The PGFN and the Federal Revenue Service will work together to assess the viability of the proposals, considering the potential for recovery and the estimated time of the legal disputes. However, it is still necessary to wait for the publication of complementary normative acts that will detail the specific conditions for the transaction.
Manucci Advogados’ Tax Law Department is at the disposal of its clients, partners and other interested parties for further clarification.
