The Comprehensive Settlement Program (PTI), recently established, is an important tool for taxpayers with debts to the Federal Tax Authority. The PTI offers two main modalities:

• Settlement involving the collection of judicialized credits with high economic impact, based on the assessment of the Reasonable Recovery Potential of Judicialized Credit (PRJ), pursuant to Law No. 13,988/2020.

Settlement in tax litigation involving relevant and widespread legal controversies, designed for companies that engaged in judicial disputes over tax matters and received rulings deemed unfavorable to taxpayers by the Superior Courts.

Taxpayers may include multiple credits in the settlement, but it is not permitted to combine modalities for the same credit. Below are some tax disputes that may be included in the second modality of the PTI's tax regularization program:

1. Disputes regarding the incidence of social security contributions on profit sharing (PLR).
2. Requirements for calculating and paying Interest on Net Equity (JCP).
3. Disputes concerning the fiscal amortization of goodwill.
4. Disputes regarding the deductibility of expenses related to the issuance or remuneration of debentures from the IRPJ and CSLL tax bases.
5. Disputes concerning the deduction of administrative and regulatory fines from the IRPJ and CSLL tax bases.

The administrative regulation has not yet defined the deadlines or specific rules for the settlements. Therefore, new normative acts specifying the PTI's conditions are expected to be issued shortly.                      

Ricardo Zanni Verdi, Tax Consultant at FFA São Paulo.