Aprovado prazo de 90 dias para Receita restituir empresas cedentes de mão de obra

Aprovado prazo de 90 dias para Receita restituir empresas cedentes de mão de obra

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A Comissão de Assuntos Econômicos (CAE) aprovou nesta terça-feira (3) a fixação de prazo máximo de 90 dias para a restituição de valores recolhidos à Receita Federal e não compensados pelas empresas cedentes de mão de obra. O prazo está previsto no PLS 471/2011, do senador Fernando Collor (PTC-AL), que recebeu 14 votos favoráveis e nenhum contrário.

Toda vez que uma empresa contratante vai terceirizar a mão de obra, é obrigada a recolher antecipadamente 11% sobre o valor da nota fiscal. A Lei 8.212/1991 prevê que o valor retido poderá ser compensado pela empresa cedente da mão de obra, por ocasião do recolhimento das contribuições destinadas à seguridade social.

Na impossibilidade de compensação integral, o saldo remanescente é restituído. Mas, segundo Collor, como a lei não fixa prazo para a devolução das importâncias retidas, “a Receita Federal  retarda indefinidamente a restituição, o que representa desequilíbrio inaceitável na relação entre o contribuinte e o Fisco”.

Essa situação, conforme o senador, além de punir o bom contribuinte, que arrecada regularmente suas contribuições e faz jus à restituição, compromete a segurança jurídica e a capacidade contributiva de tais empresas. Portanto, o projeto visa a preencher uma lacuna na lei, “não introduzindo nenhuma alteração nos valores das contribuições devidas, nem em seu processo de arrecadação”, como explica Collor.

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Acordo

O projeto recebeu parecer favorável da Comissão de Assuntos Sociais (CAS) em 2012. NA CAE, o relator José Pimentel (PT-CE) havia emitido relatório pela rejeição da proposta, mas durante a reunião aceitou emenda do senador Armando Monteiro (PTB-PE), dando prazo de até 90 dias para a devolução do dinheiro do contribuinte. Originalmente, o projeto previa 30 dias.

Com o alongamento do prazo, o relator concordou com a aprovação do texto. Ele lembrou que há grande demanda de processos de restituição, compensação e ressarcimento submetidos à Receita Federal, exigindo análises em intervalo de tempo variável.

O PLS 471/2011 foi aprovado pela CAE em decisão terminativa (final) e segue para a Câmara dos Deputados, se não houver recurso para análise no Plenário do Senado.

Fonte: Senado
Data: 03 de outubro de 2017
Acesso: 06 de outubro de 2017

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