The IRS wants to tighten investment funds rules to prevent them from being. The information was confirmed by Secretary Robinson Barreirinhas in an interview with CNN Money.
According to Barreirinhas, the idea is to publish the normative instruction by the end of October. The secretary said that the disclosure was postponed so that intelligence bodies can make contributions to the text.
“We have in gestation a normative instruction – which we are debating with the foundation market, especially – about the identification of the final recipient,” said Barreirinhas.
Then the secretary added: “From now on, the administrator of these funds will have to identify the individual who is at the end of this chain to avoid what happened in Operation Hidden Carbon.”
The era reinstated in business, properties and other investments through investment funds that received Fintech resources, making it difficult to trace and giving it a look of legality.
During the investigation, investigators found that at least 40 investment funds (multimarket and real estate), with equity of $ 30 billion, were controlled by the criminal organization. Most were closed backgrounds with a single quota holder, usually another investment fund, creating layers of concealment.
Other rules
In addition, the IRS published a concierge hardening the rules to combat fraud in fuel import operations.
The new rules will help identify the concealment of the real seller and buyer or responsible for the operation, strengthening supervision and customs security.
Among the main points of the Ordinance are:
- Priority treatment for tax and customs crimes, with articulation between areas of the IRS and other public security bodies;
- Actions for collection of evidence, with police support when necessary, aiming to ensure the integrity of the agents and the effectiveness of operations;
- Restrictive specific rules for the early customs order of oil, ethanol and fuels, requiring formal consent of the IRS;
- In these cases of anticipated fuel order, it will also be necessary to consent of the state tax authorities of the place of the importing establishment and the taxpay of the fuel discharge, reducing the risk of fraud against local administration;
- The qualification requirements of fuel importers and petroleum derivatives will also be hardened.
Another Normative Instruction of the IRS published this year extended the obligations of transparency and information from financial institutions to fintechs, which will be valid from January 2025.
The new normative instruction will be very direct and didactic, with only four articles:
- In the first article, it will make clear the purpose of combating the crime;
- In the second article, it will state, clearly and directly, that payment and payment arrangements (fintechs) are subject exactly to the same obligations as traditional financial institutions (presentation of e-financial);
- In the sole paragraph of the second article, we will make an express reference to the Brazilian Payment System Law (art. 6 of Law 12,865 of 2013), strictly adopting their definitions of payment institutions, payment arrangements and payment bills. Making it clear that we are not creating anything new, just adopting the definitions of the existing law, and
- Articles 3 and 4 are instrumental, only referring to the regulation and effectiveness from the publication.
