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Date: March 26, 2019
Posted by: CPDMA Team

Active debt reaches R$ 2.2 trillion; 44.8% is unrecoverable, says PGFN

The number of debtors of the Union reached 4.6 million, which involves a debt of R$ 2.2 trillion, according to data released by the Attorney General's Office of the National Treasury this Tuesday (26/3). As per the PGFN in Numbers 2018, 44.8% of this amount is unrecoverable.

Large debtors total 28 thousand, and the others, 4.6 million. Of the total debt, R$ 1.4 trillion (62%) is owed by just 28,000 debtors.

According to the Attorney General of the National Treasury, José Levi Junior, about 33% of the amount is easier to recover because it involves newer and more recent debts, which want recovery. “However, 67% are companies with older, fraudulent debts that have gone bankrupt and are awaiting judicial recovery.”

Levi highlights that the PGFN needs to “focus on persistent debtors”. “We have to have qualified strategies and these numbers show us who we should go after. We are all recipients of public policies.”

Recovery in 2018

In 2018, PGFN recovered R$ 23.9 billion from the public coffers and the Severance Indemnity Fund (FGTS), which is equivalent to a success rate of 22.13%. In 2017, it was also R$ 26.1 billion, and in 2016, R$ 14.5 billion.

By states, Rio de Janeiro and Espírito Santo recovered R$ 8 billion in debt, followed by São Paulo and Mato Grosso do Sul, which together recovered R$ 6.3 billion. Part of the Northeast region is in last place, with only R$ 1.6 billion recovered.

judgments

In case judgments at the Administrative Council of Tax Appeals (Carf), according to PGFN data, avoided losses reached R$ 143.1 billion, in a list of 11 thousand cases received.

At Carf, PGFN worked on topics such as tax planning, transfer of capital gains to an investment fund abroad, disposal of assets, tax on unjustified payment and remittances abroad.

Within the scope of the STF, the PGFN was successful in the avoided tax losses of R$ 49 billion. Among the matters being judged is the discussion on the constitutionality of Law 10,684, which increased the Cofins rate to be paid by financial institutions from 3% to 4%, which generated an economic impact of R$ 35.6 billion.

As for the Superior Court of Justice, data reveal that avoided losses reach the level of R$ 85 billion in matters such as judicial recovery, monetary correction and incidence of PIS/Cofins.

In total, deposits linked to defense lawsuits amount to R$ 10 billion. "We can say that we are the largest law firm in the country. We have consulting activities, which are the starting point of everything, because our big business is to provide the government with legal certainty," said Levi.

Source: Gabriela Coelho via Conjur.

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