eSocial permitirá que empresas compensem créditos tributários

eSocial permitirá que empresas compensem créditos tributários

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A compensação tributária unificada será aplicável somente às pessoas jurídicas que utilizarem o eSocial para a apuração das contribuições previdenciárias

As empresas que aderiram ao Sistema de Escrituração Digital das Obrigações Fiscais, Previdenciárias e Trabalhistas (eSocial) na primeira etapa poderão usufruir das vantagens da chamada compensação cruzada, que prevê a possibilidade de fazer a compensação previdenciária com quaisquer tributos federais.

Destaca-se que a unificação dos regimes jurídicos de compensação tributária (créditos fazendários e previdenciários) relativamente às pessoas jurídicas que utilizarem o eSocial para apuração das contribuições foi implantada pela Lei nº 13.670, de 30 de maio de 2018, a que se referem os arts. 2º e 3º da Lei nº 11.457, de 2007, nos termos daquela lei.

A compensação tributária unificada será aplicável somente às pessoas jurídicas que utilizarem o eSocial para a apuração das referidas contribuições. As empresas que utilizarem o eSocial poderão, inclusive, efetuar a compensação cruzada (entre créditos e débitos previdenciários ou fazendários), observadas as restrições impostas pela legislação decorrentes da transição entre os regimes.

O regime de compensação efetivado por meio de informação em GFIP não será alterado para as pessoas jurídicas que não utilizarem o eSocial. Portanto, apenas as empresas que completarem todo o processo de implantação do eSocial farão jus ao benefício.

Fonte: Receita Federal 
Data: 17 de julho de 2018
Acesso: 20 de julho de 2018

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