Normative Instruction No. 2091/2022 IRS was published this Thursday, June 23, which establishes requirements for the listing of assets and rights and defines procedures for the formalization of representation for the filing of a tax precautionary measure.

The new rule updates procedures that aim to guarantee the receipt of taxes due, when the taxpayer’s tax debt with the Federal Revenue (IRS) exceeds, simultaneously, 30% of its assets and R$ 2,000,000.00 (two million reais).

Some modifications were necessary to adapt the rules to the current regulatory structure of the Revenue, passing the competence of the list to the regional teams of management of the tax credit and credit rights. In addition, the text of the new IN was revised both in terms of wording and legislative technique, to improve its clarity, objectivity, cohesion, and logical ordering of the provisions, as well as facilitating their understanding by the IRS.

Comprehend the enrolling process

The listing of assets and rights is established through arts. 64 and 64-A of Law No. 9,532, of December 10, 1997, is the administrative procedure through which the Federal Revenue Service, upon detecting that the taxpayer has tax credits under its responsibility in an amount greater than R$ 2,000,000.00 (two million reais) and 30% (thirty percent) of its known assets, simultaneously, it surveys its assets and rights to list them.

For this purpose, the assets and rights reported in the last income tax return (DIRPF), in the case of an individual, or the assets included in the last balance sheet informed in the Tax Accounting Bookkeeping (ECF), in the case of a legal entity, are considered.

Then, the Revenue informs the taxpayer, through the Term of Listing, and forwards the list of assets and rights listed to the competent registration bodies, to record the procedure.

From that moment on, the taxpayer is obliged to inform the IRS of any disposal, encumbrance, or transfer of the asset or right listed, under penalty of representation to the Attorney General’s Office of the National Treasury (PGFN) for the filing of a fiscal precautionary measure, under the terms of the Law. No. 8,397, of January 6, 1992.

The assets and rights remain listed until the tax debts to which they are linked are extinguished.