Prefeitura São Paulo edita lei para compensação de débitos fiscais

Prefeitura São Paulo edita lei para compensação de débitos fiscais

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Por Arthur Rosa

A Prefeitura de São Paulo editou lei para instituir a compensação tributária de ofício. Pela norma, o município só fará a restituição de tributos depois de verificar se há débitos do contribuinte. O encontro de contas vale também para dívidas parceladas ­ questão que está na pauta do Supremo Tribunal Federal (STF).

Para evitar questionamentos judiciais, porém, a Secretaria Municipal da Fazenda decidiu deixar como uma opção para o contribuinte a compensação de débitos parcelados, segundo o subsecretário da Receita Municipal, Pedro Ivo Gândra. A previsão está no parágrafo 3º do artigo 4º da Lei nº 16.670, publicada no dia 9 e que depende de regulamentação.

“O contribuinte será notificado e terá 30 dias para se manifestar. Se discordar, não será feita a compensação”, diz Gândra. No caso de uma compensação normal, acrescenta, uma resposta negativa resultará automaticamente em um processo administrativo.

Para o advogado Luis Augusto Gomes, do escritório Tess Advogados, a previsão não é tão clara e o contribuinte terá que obrigatoriamente apresentar manifestação de discordância. “Caso contrário, o débito de parcelamento será sim compensado, o que fere o artigo 151 do Código Tributário Nacional (CTN)”, diz. O dispositivo traz as hipóteses de suspensão do débito.

A norma, destaca o advogado, não dá ainda ao contribuinte o direito de optar pela compensação ou mesmo escolher quais débitos colocar no encontro de contas. “A compensação no âmbito federal, por exemplo, depende da vontade do contribuinte”, afirma Gomes.

A compensação de ofício com dívidas parceladas está na pauta do Supremo desde 2015. O relator do caso é o ministro Dias Toffoli. Os ministros vão analisar o parágrafo único do artigo 73 da Lei nº 9.430/96, incluído pela Lei nº 12.844/13. No recurso (RE nº 917285), a União questiona acórdão do Tribunal Regional Federal da 4ª Região que considerou inconstitucional a previsão, com base em entendimento do Superior Tribunal de Justiça (STJ).

Fonte: Valor Econômico
Data: 20 de junho de 2017
Acesso: 23 de junho de 2017

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