ECF 2017: o que é e quem precisa declarar?

ECF 2017: o que é e quem precisa declarar?

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O prazo para enviar a ECF 2017 está chegando e você precisa saber o que ela significa, quem declara e como tirar as principais dúvidas até a data de entrega, este ano marcada para o último dia útil de julho, a segunda-feira do dia 31.

O que é ECF?

A ECF, acrônimo para Escrituração Contábil Fiscal, é uma obrigação acessória surgida em 2015 em substituição à DIPJ (Declaração de Informações Econômico-Fiscais da Pessoa Jurídica), devendo ser preenchida e entregue por empresas (Pessoas Jurídicas) que foram estabelecidas no Brasil.

Assim como a ECD, a ECF 2017 deve trazer os dados referentes ao ano-calendário 2016 com o objetivo de demonstrar a apuração do Imposto de Renda da Pessoa Jurídica (IRPJ) e Contribuição Social sobre o Lucro Líquido (CSLL) durante o período.

1.Imposto de Renda da Pessoa Jurídica: é o imposto de renda da empresa, calculado sobre o faturamento obtido. A alíquota do IR é de 15% sobre o Lucro Arbitrado, Presumido ou Real. Já se a empresa adotar o regime tributário Simples Nacional, a alíquota máxima do IRPJ pode chegar a 0,81% para prestadores de serviços (excetuando-se atividades do Anexo IV que prevêem até 6,12% sobre o faturamento) ou 0,54% nas atividades de comércio.
2. Contribuição Social sobre o Lucro Líquido: este tributo tem como objetivo destinar os valores auferidos para a seguridade social. Sua alíquota é de 9%, embora instituições financeiras ou empresas de capitalização e seguros privados possam alcançar o teto de 15%. Como a CSLL obrigatoriamente acompanha o regime de tributação adotado no IRPJ, as empresas que participam do Simples Nacional têm sua contribuição de 0,54% para comércio e indústria, 0,79% em serviços ou até 2,53% dependendo das atividades do Anexo IV.

A ECF tem como principal pauta legal a Instrução Normativa 1.489/2014, que atualizou a Instrução Normativa 1.422/2013.

Quem deve entregar a ECF 2017?

Todas as Pessoas Jurídicas — mesmo as equiparadas, isentas e imunes —, que não optem pelo Simples Nacional são obrigadas a preencher e entregar a ECF 2017. Portanto, os seguintes regimes tributários precisam entregar:

Lucro Arbitrado: utilizado pela Receita Federal quando a ECF da empresa é desclassificada em casos de fraude ou negligência com as demais obrigações acessórias, assim como quando a empresa escolhe indevidamente o Lucro Presumido.

Lucro Presumido: apurado trimestralmente com alíquotas que incidem sobre as receitas a partir de um percentual para a margem de lucro, o Lucro Presumido tem uma fórmula mais simples. No entanto, como se trata de uma aproximação fiscal e não lucro contábil, se o lucro for menor que o presumido, a empresa pode pagar mais impostos do que se adotasse outro regime.

Lucro Real: quando os impostos são calculados a partir do Lucro Líquido da empresa, mesmo havendo adições ou exclusões previstas nas leis fiscais.

As Pessoas Jurídicas Inativas, órgãos públicos, fundações públicas, autarquias e, como dito mais acima, as empresas optantes pelo regime Simples Nacional estão dispensadas de apresentar a ECF 2017.

Importante: se uma empresa possuir filiais, a entrega da ECF precisa ser realizada sempre pela matriz!

Data de entrega da ECF 2017

A Escrituração Contábil Fiscal referente ao ano-calendário 2016 precisa ser entregue ao Sped até o último dia útil do mês de julho de 2017, ou seja, a segunda-feira dia 31. O Sistema Público de Escrituração Digital aceita as entregas até às 23h59min59s do horário de Brasília.

Diferentemente do ano passado, desta vez o prazo não muda mesmo em casos onde há incorporação, fusão ou cisão total ou parcial de empresas entre os meses de janeiro e abril de 2016.

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O que acontece se minha empresa não entregar?

As empresas obrigadas a enviar a ECF 2017 que não efetuarem a entrega até a data limite ou mesmo entregarem com erros e omissões receberão penalidades de acordo com o regime tributário:

Lucro Presumido e Lucro Arbitrado: Entregas fora do prazo têm multa em R$ 500 por mês-calendário ou fração (se a empresa estiver no início de suas atividades, imune ou isenta) ou R$ 1.500 por período igual nas demais empresas. Informações incompletas, imprecisas ou omitidas possuem multa de 3% do valor das operações financeiras ou transações comerciais não inferiores a R$ 100. A base para as penalizações, neste caso, estão previstas na Medida Provisória nº 2.158-35 de 2001.

Lucro Real: multas que podem ser limitadas a 10% do Lucro Líquido, R$ 100 mil no caso de micro e pequenas empresas ou até mesmo R$ 5 milhões para as demais empresas. A base para as penalizações neste caso estão no Decreto-Lei nº 1.598 de 1977.

Como preencher corretamente a ECF 2017

A Escrituração Contábil Fiscal deve seguir o leiaute 3, previsto no anexo do Ato Declaratório Executivo Cofis n.º 101, publicado no último dia 29 de dezembro, do Manual de Orientação da Declaração.

O preenchimento correto da ECF 2017 pode ser complexo e depende muito da escolha do regime tributário escolhido na sua empresa. É por isso que ter, durante o ano todo, um software de gestão ou sistema contábil como a Plataforma Sage facilita muito a entrega de transmissão de dados ao Fisco, pois é possível organizar todos os seus livros contábeis e exportar os dados.

Vale lembrar ainda que para transmitir a ECF 2017 será necessário ter um certificado digital do tipo A1 ou A3, emitido por autoridades credenciadas no ICP-Brasil, para garantir a autoria, autenticidade, integridade e validade jurídica do documento digital.

Para a entrega, também é necessário uma assinatura eletrônica do contador com certificado de pessoa física (e-CPF ou e-PF), mesmo certificado que deve ser usado em caso da declaração ser assinada por um representante legal da empresa ou por procuração eletrônica.

Preenchi com erros, e agora?

O erro no preenchimento da ECF 2017 terá como prazo até o ano de 2022 para correção, ou seja, um período de cinco anos. Qualquer modificação em anos anteriores obriga ajustar documentos entregues posteriormente, portanto quanto antes você retificar os erros, melhor.

Passo a passo para retificar a ECF:

1. Exporte o arquivo original no programa e abra-o com o Bloco de Notas no seu sistema operacional
2. Remova a assinatura após o registro 9999
3. Altere o campo 12 do registro 0000(0000.RETIFICADORA) incluindo a letra S para informar que se trata de uma retificação
4. Importe o arquivo da ECF Retificadora
5. Abra no programa e faça as correções necessárias
6. Valide, assine e transmita a declaração retificada

Planejamento

Para efetuar a entrega da ECF 2017, a sua empresa precisa ter um planejamento inicial que cuide de todos os processos envolvidos, mapeando as informações necessárias, uma vez que o grande desafio do preenchimento desta escrituração é a integração entre os mundos contábil, fiscal e demais áreas da empresa.

Desta maneira, depois de preencher, você precisa realizar uma auditoria de todos os dados informados no arquivo, mapeando adições, exclusões e os valores usados com base no Imposto de Renda da Pessoa Jurídica (IRPJ) e da Contribuição Social sobre o Lucro Líquido (CSLL). Confira se essas informações estejam de acordo e evite enviar a ECF 2017 com erros!

Fonte: Sage
Data: 10 de maio de 2017
Acesso: 12 de maio de 2017

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