Receita cancelará multas da repatriação

Receita cancelará multas da repatriação

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A Receita Federal informou que vai cancelar eventuais cobranças indevidas da multa de mora de 20% dos contribuintes que aderiram ao Regime Especial de Regularização Cambial e Tributária (RERCT), o chamado programa de repatriação. Vários têm sido surpreendidos com notificações, apesar de terem pago os 15% de Imposto de Renda (IR) e de Imposto de Renda (IR) e 15% de multa, segundo as exigências da Lei nº 13.254, de 2016.

Com o posicionamento da Receita, advogados alertam sobre a possibilidade de quem pagou a multa pedir a restituição. A cobrança impede a emissão de Certidão Negativa de Débito e, se o pagamento não é feito no prazo de 30 dias, o débito é inscrito na dívida ativa para execução fiscal.

De acordo com nota da Receita divulgada ontem, quem aderiu ao programa de repatriação e retificou a declaração do IR para incluir rendimentos originados do patrimônio regularizado, deve pagar o imposto decorrente da retificação pelo valor original, sem a incidência da multa de mora, nos termos da Lei 13.254.

O Fisco esclareceu também que não haverá necessidade de qualquer manifestação do contribuinte que recebeu a cobrança indevida da multa de mora.

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Quem já pagou a multa pode solicitar a restituição, segundo Edison Fernandes, do FF Advogados. O advogado, porém, não recomenda a omissão de manifestação do contribuinte, como sugere a Receita. “É importante demonstrar clara e expressamente a regularidade, para evitar questionamentos futuros. Se as multas não forem pagas, gerarão diretamente a execução fiscal e a defesa será mais complicada.”

A posição da Receita pode evitar demandas judiciais. Advogados já se preparavam para entrar com medidas contra a penalidade. “A pretensa cobrança de multa não poderia prevalecer, sob pena de violação ao princípio da legalidade”, afirma Luis Augusto Gomes, do escritório Tess Advogados. O advogado baseia-se na própria Lei 13.254 e no artigo 138 do Código Tributário Nacional (CTN). “Com o pagamento do IR e da multa e a retificação das declarações fiscais no prazo, caracteriza-se o instituto da denúncia espontânea.”

Uma segunda rodada da repatriação está em discussão no Congresso. Na primeira fase, no ano passado, o governo arrecadou R$ 45 bilhões com a adesão de 25.011 pessoas físicas e 103 jurídicas. No Orçamento de 2017, já há previsão de receita de R$ 10 bilhões com a segunda rodada do programa.

Por Laura Ignacio | De São Paulo

Fonte: Valor Econômico
Data: 16 de fevereiro de 2016
Acesso: 17 de fevereiro de 2016

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