Law of the State of Espírito Santo n ° 11 331/2021: creation of REFIS for the debts of the ICMS – Finance and banking


Brazil: Law of the State of Espírito Santo n ° 11 331/2021: REFIS created for the debts of the ICMS

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The Law of the State of Espírito Santo No. 11 331/2021 created the State Tax Recovery Program (“REFIS 2021”), which allows taxpayers to settle ICMS debts, penalties and interest for taxable events occurring up to 12/31/2020, whether or not they are assessed and whether or not they are recorded as overdue tax liability of the State, and includes debts subject to legal or officially recorded discussions as an unpaid obligation.

Taxpayers have until 12/30/2021 to join the program. The payment terms depend on (i) the date of the request, (ii) the number of down payments and (iii) the composition of the debt (principal and penalty or fair penalty), as summarized below:


The minimum value of each installment is BRL 729.18 for debts over BRL 7,291.80 and BRL 182.30 for debts under BRL 7,291.80.

Participation in REFIS 2021 implies the recognition by the taxpayer of the debts included therein and the withdrawal of the related legal actions and administrative defenses, as well as the condition of the payment of legal costs and / or attorney’s fees in the cases. where legal action has already been filed for judicial recovery or the overdue state liability certificate has been formally contested.

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This article provides information and commentary on legal issues and developments of interest. The foregoing does not constitute a complete treatment of the matter at hand and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action on the matters discussed in this document.

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