Programa “Nos Conformes” terá ambiente de testes em outubro

Programa “Nos Conformes” terá ambiente de testes em outubro

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O SESCON-SP tem acompanhado todas as etapas de construção deste novo ambiente

Iniciativa da Secretaria da Fazenda incentiva empresas com histórico positivo de pagamentos. Fisco pretende se tornar um educador e não apenas órgão punitivo.

Apresentado como solução para promover um ambiente mais seguro e simplificado para o contribuinte em dia com o Fisco, o Programa “Nos Conformes” promete tratamento diferenciado às empresas com bom comportamento ante as obrigações tributárias. A iniciativa da Secretaria da Fazenda de São Paulo (Sefaz) foi apresentada no dia 29 de agosto, por Gustavo de Magalhães Gaudie Ley, coordenador da Administração Tributária e ex-delegado regional tributário de Santos, que comentou o objetivo Lei Complementar 1.320/2018 de Conformidade Tributária, a estrutura do sistema, as contrapartidas ao contribuinte e o cronograma de implantação.

Marcio Massao Shimomoto, presidente do SESCON-SP, reconhece a importância de mais encontros como este, para esclarecimento. “Se empreendedor tiver segurança jurídica e um ambiente bom para produzir, o resultado atrairá investidores. Um projeto com esta dimensão causa dúvidas e a interação com o setor contábil é necessária nesta fase inicial, pois significa uma mudança na cultura”, afirmou. O SESCON-SP tem acompanhado todas as etapas de construção deste novo ambiente e agora se dedica à conscientização dos contribuintes.

De acordo com Gaudie Ley, antigamente todos os contribuintes eram tratados da mesma forma. “A partir de agora vamos valorizar quem cumpre as obrigações e criar mecanismos para que a empresa irregular altere seu comportamento antes de ser autuada. Para isso, queremos constituir uma legislação em conjunto com a sociedade: vamos apresentar as regras, liberar a consulta e estudar sugestões para corrigir problemas antes de lançar o decreto de regulamentação”, explicou o coordenador. O ambiente para testes deve ser disponibilizado a partir de outubro e o lançamento da versão oficial deve ocorrer em janeiro de 2019.

Como vai funcionar

Haverá uma pirâmide de classificação para agrupar as empresas de acordo com seu histórico com o Fisco. Contribuintes na base da pirâmide estarão na categoria de bons pagadores e terão tratamento diferenciado daqueles no topo, classificados como fraudadores. O sistema irá considerar o histórico das empresas a partir de 7 de abril de 2018.

A classificação será de “A+” a “D” de acordo com a adimplência e atrasos nos pagamentos. Empresas cassadas, não ativas terão classificação “E”. A pirâmide será formada com base em três critérios:

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Adimplência das obrigações pecuniárias vencidas relativas ao ICMS – qualquer débito será identificado. Contribuintes com pagamentos em dia serão bem pontuados.

Aderência entre declarações e documentos fiscais – considerará os valores dos documentos fiscais emitidos e recebidos pelo contribuinte e aqueles regularmente lançados em sua escrituração fiscal ou declarados.

Perfil dos fornecedores – considera o percentual de entradas de mercadorias e serviços tributários pelo ICMS,provenientes de fornecedores classificados nas categorias “A+” a “D”. O sistema entenderá que se ele compra de fornecedores bons, também é um bom contribuinte.

Contrapartidas

De acordo com Gaudie Ley, todo contribuinte terá a obrigatoriedade de fornecer informações periódicas de suas operações. O objetivo de coagir quem opera de forma irregular, forçando-o a mudar de comportamento ou sair do mercado. “O contribuinte será previamente informado de sua classificação e poderá requerer justificadamente correção de erro material, bem como se opor à sua divulgação”.

Aqueles com classificação ruim serão tratados com maior rigor como: aplicação de regimes especiais, necessidade de autorização prévia ou individual para emissão e escrituração de documentos fiscais, entre outras medidas.

Segundo o coordenador, haverá acompanhamento de todos inscritos no ICMS e as empresas bem classificadas enfrentarão menos burocracia. “A graduação para conquistar as contrapartidas vai privilegiar a permanecia do bom histórico numa mesma categoria positiva”, conclui Gaudie Ley.

Fonte: Portal Contábeis
Data: 05 de setembro de 2018
Acesso: 10 de setembro de 2018

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