Gilson Marques (Novo-SC) says that the government violated the “right to banking secrecy”; Transactions over R$5,000 will be monitored
The deputy (Novo-SC) presented a PDL (Project Legislative Decree) to revoke the measure of the president’s government (PT) that allows the Federal Revenue to monitor Pix transactions. Here’s the of the text (112 kB – PDF).
The measure is regulated by the normative instruction published in September 2024. Only transactions above R$5,000 for individuals or R$15,000 for companies will be reported.
Marques stated that the new rule violates the “constitutional principle of strict legality and the fundamental right to banking secrecy and privacy”.
The congressman also declared that the “transferring sensitive data from citizens and companies to the Federal Revenue requires broad debate and approval by the National Congress”.
“Such discussion is essential to guarantee transparency, respect for the Constitution and balance between the need for tax collection and the protection of fundamental rights”said Marques.
The proposal needs 257 votes to be approved in the Chamber.
MONITORING
In practice, the system as presented aims to prevent evasion by those who use digital payment methods.
Strictly speaking, there is no tax on Pix. This payment method has replaced physical cash transactions in Brazil in recent years. Previously, millions of informal workers remained outside the Federal Revenue radar when they received cash payments for their services. This continued with Pix.
Now, everything is recorded. With the new system, anyone who falls into the income range eligible for payment of IRPF (Individual Income Tax) will be contacted to be charged.
It turns out that informal workers – an ice cream man, bricklayer, electrician, cleaner, day laborer, painter and other service providers – always used to receive cash. Now, with the popularization of the use of Pix, they now have all their income registered and linked to their CPFs.
This will also happen to millions of Bolsa Família beneficiaries, who receive money from the government and continue working informally. If the monthly amount exceeds R$5,000, these people will be contacted by the Federal Revenue Service and will have to pay taxes.
UNDERSTAND THE CHANGE
The IRS will now receive data from credit card operators and payment institutions, such as large retailers, digital banks and electronic wallets, including transactions via Pix. The same was already done by traditional banks.
Only monthly movements above R$5,000 for individuals or R$15,000 for companies will be reported. According to the agency, the data will be used to identify irregularities and reinforce compliance with tax laws. Information will be sent every six months through the system known as e-Financeira, within the of the Federal Revenue.
At the end of each month, , “all amounts left from the account are added together, including withdrawals and, if the limit of R$5,000 for an individual, or R$15,000 for a legal entity is exceeded”.
In a note, the Federal Revenue stated that the expanded data collection:
- seeks to improve the control and supervision of financial operations;
- ensures greater data collection;
- reinforces Brazil’s international commitments in the CRS (Common Declaration Standard);
- contributes to combating tax evasion; and
- promotes transparency in global financial operations.
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