Chamber approves forgiveness of up to 99% of Fies debt and expands the list of beneficiaries
- May 19, 2022
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Rapporteur included in the text a special regularization program for Santas Casas, hospitals and charities
The Chamber of Deputies approved this Tuesday (17) the provisional measure that provides for a discount of up to 99% in the renegotiation of debts with Fies (Student Financing Fund) and expands the list of beneficiaries. The text also creates a special tax regularization program for Santas Casas, hospitals and charities working in the health area.
The basic text was approved by 405 votes to 9. The deputies accepted the change and, now, the MP goes to the Senate. If it is not voted on by June 1st, it loses its validity.
The MP provides that students enrolled in CadÚnico (Single Registry for Social Programs of the Federal Government) or benefiting from emergency aid will be able to receive a discount of up to 99% of the amount due.
The MP covers credits contracted with Fies until the second half of 2017.
The rapporteur, deputy Hugo Motta (Republicans-PB), changed some parts of the text. The original prohibited transactions that meant a reduction greater than 86.5% of the total value of the credits. In his opinion, he changed the percentage to 77%.
Motta also included that the beneficiary with a debt overdue and not paid for more than 90 days and less than 360 days, on December 30, 2021, may receive a full discount of the charges and 12% of the principal, in the case of payment to the View. If you prefer, you can pay the amount in up to 150 months, with a 100% reduction in interest and fines.
There is also a forecast of a discount of 77% of the debt value of students with debts overdue and not paid for more than 360 days – for those who are not registered with CadÚnico or have not received emergency aid.
In the event of renegotiation, the outstanding balance must be paid in up to 15 monthly installments, adjusted by the Selic rate.
If the student fails to comply with the agreement and does not pay three successive or five alternating installments, the debt will be reinstated, with the additions.
According to the text, the existence of judicial collection of credit in default of Fies is not an obstacle to the access and adhesion of the debtor to the renegotiation.
The rapporteur also made a series of changes to the law that deals with debt transactions and allows the Revenue to propose a transaction in the collection of tax credits in administrative litigation, individually or by adhesion. In the current law, the proposal can only be made by the PGFN (National Treasury Attorney General’s Office).
Motta added some benefits to the transaction, such as the possibility of using tax loss credits and the negative calculation base of the CSLL (Social Contribution on Net Income), in the calculation of corporate income tax and CSLL, up to the limit of 70% of the balance remaining after the incidence of discounts.
It also allowed the use of precatories or credit rights with a final and unappealable judgment for amortization of the main tax debt, fine and interest.
In the collection of Union credits, Motta prohibits the reduction of more than 65% of the total credits to be transactional and prohibits that the period for settlement exceeds 120 months. Today, under the law, a reduction of more than 50% of the total value of the credits to be transacted is prohibited, and the settlement period is 84 months.
The rapporteur also changed rules on the evaluation of institutions to allow it to be virtual, with georeferencing, except in Medicine, Psychology, Dentistry, Nursing and other higher courses defined in regulation.
The deputies accepted a suggestion to change the text to provide that the rules for selecting students to be financed must consider per capita family income, proportional to the value of the educational charge of the intended course, and other requirements, as well as the rules for the offer of vacancies.
Santas Casas, hospitals and charities are included
The rapporteur also created in the MP the special tax regularization program for Santas Casas, hospitals and charities that work in the health area. They will be able to regularize their situations with the Revenue or the PGFN.
The program covers debts of a tax and non-tax nature due until April 30 of this year, including those that were subject to previous rescinded or active installments. To join, you will need to make an application within 60 days of publication of the law. The debt can be paid in up to 120 successive monthly installments.
Upon joining, entities are obliged to pay the installments of debts consolidated in the installment plan and debts due after April 30, 2022, whether or not registered as active debt of the Union.
The report provides for exclusion in the event of non-payment of three consecutive or six alternating installments or the declaration of bankruptcy or extinction, through liquidation, of the opting entity, among other hypotheses.