According to the rapporteur Efraim Filho (União Brasil-PB), the proposal won a “push” of Operation Hidden Carbon, triggered on the last Thursday (28.ago)
The Senator (União Brasil-PB) presented this Monday (1st.SET.2025) the report of the PLP (Complementary Bill), which establishes the taxpayer’s Code of Defense and identifies and punishes “stretch debtors”-enterprises or people who defraud the IRS in a planned manner.
The president of the Senate, (União Brasil-AP), decided to include the bill on the plenary agenda of the next Tuesday (2.Set). According to Efraim, the expectation is that there is “Unanimity” in the proposal vote.
“It is an arid and technical theme, but it is of interest to everyone. It is the interest of the federal government, the population, the institutions, it is a theme that dialogues with real life, a ‘win-win” project.said the senator during conversation with journalists.
According to Efraim, the report received a “Push” Operation Hidden Carbon, by the State Public Prosecution Service of São Paulo on the last Thursday (28.ago). Prison and search and seizure warrants were served against more than 350 individuals and legal entities linked to the CCP (first command of the capital), suspected of committing crimes such as fuel tampering, tax fraud, money laundering, estelionato and environmental crimes
Despite focusing on the punishment of the criminal, including extinguishing the criterion only by committing the crime, the report presented determines the clear differentiation between contains and default.
According to the rapporteur, the project incorporates processing measures of the “good payers”. Read the main points:
- It becomes a stretch debtor who accumulates debt over R $ 15 million without justification;
- Temporary default or judicial discussions do not characterize more contains;
- The tax authorities gains the power to suspend the CNPJ of companies classified as stubborn and paralyze their activities;
- Coaf, Gaeco and Public Prosecution Service will be able to act in cooperation to track fraud and deviation;
- “Good payers” companies may have fines, warnings rather than penalties and priority in international operations, as well as a tax compliance bonus, corresponding to the 1% discount on cash payment due to CSLL.
“The project is only bad for the criminal. A normal company has moments of crisis, our idea is to attack the companies designed for the crime. It is not fair that an eventual default has such punishment, you cannot compete against a company that does not pay taxes.”he said.
Petroleum Law
The project also modifies Law 9,478 of 1997, the Petroleum Law, requiring the ANP (National Agency of Petroleum, Natural Gas and Biofuels) to determine a minimum capital to depend on the size of the company to curb money laundering and evasion schemes.
According to the rapporteur, the financial impact of the project will generate about $ 200 million that the IRS considered “lost”, returning an average of 10% of the value impaired over a decade.
The project was endorsed by the College of Leaders in Congress and the Federal Government during meetings with the Minister of Finance, (PT), mainly for the collection character of the measure. For Ephraim, the proposal is able to raise taxes without increasing rates.
Regarding other proposals that are being processed in the National Congress, the rapporteur stated that the final text presented this Monday addresses “All points”without focusing on a specific sector, such as gas and energy, protagonists of the operation. Efraim also highlighted the federal, state and municipal character of the measure.
This report was produced by intern Davi Alencar under the supervision of editor Guilherme Pavarin
