Recuperação de créditos tributários judiciais

Recuperação de créditos tributários judiciais

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Costuma ser fonte de várias dúvidas como proceder quando a empresa obtém, na justiça, direito de recuperar tributos.

No caso de uma sentença transitada em julgado reconhecendo um crédito contra a Fazenda Nacional, esta se deve dar por precatório (ou requisição de pequeno valor), conforme art. 100 da Constituição Federal (CF).

Na situação em que o crédito seja oriundo de tributo administrado pela Receita Federal do Brasil, reconhecido judicialmente com trânsito em julgado, o art. 74 da Lei 9.430/1996 estabeleceu que ele pode ser utilizado na compensação de débitos do sujeito passivo que os apurou.

Observe-se, ainda, que neste caso o crédito tributário será reajustado mensalmente pela SELIC acumulada a partir do mês subsequente ao do pagamento, e de juros de 1% (um por cento) no mês da disponibilização ou compensação do crédito, conforme previsto no artigo 83 da Instrução Normativa RFB 1.300/2012.

Como agilizar a recuperação dos créditos

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Recomenda-se, devido à sua rápida liquidação, que se proceda a compensação com débitos tributários próprios (vencidos ou vincendos) na via administrativa, dentro das regras normativas em vigor.

Para a apresentação da Declaração de Compensação – DComp, o sujeito passivo deverá ter o pedido de habilitação prévia deferido.

A habilitação prévia do crédito decorrente de ação judicial é medida que tem por objetivo analisar os requisitos preliminares acerca da existência do crédito, a par do que ocorre com a ação de execução contra a Fazenda Nacional, quais sejam, legitimidade do requerente, existência de sentença transitada em julgado e inexistência de execução judicial, em respeito ao princípio da indisponibilidade do interesse público.

Prazo

O prazo para a compensação mediante apresentação de Declaração de Compensação de crédito tributário decorrente de ação judicial é de cinco anos, contados do trânsito em julgado da sentença que reconheceu o crédito ou da homologação da desistência de sua execução.

Fonte: Guia Tributário
Data: 21 de dezembro de 2017
Acesso: 22 de dezembro de 2017

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