State of Espírito Santo Law No. 11,331/2021: REFIS created for ICMS debts – Finance and banking

Brazil: State of Espírito Santo Law No. 11,331/2021: REFIS created for ICMS debts

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Law No. 11,331/2021 of the State of Espírito Santo created the State Tax Recovery Program (“REFIS 2021”), which allows taxpayers to pay debts, penalties and interest from ICMS for chargeable events occurring up to 31/12/2020, whether assessed or not. not and whether or not they are recorded as state tax arrears, and include debts under judicial discussion or formally recorded as an unpaid obligation.

Taxpayers have until 30/12/2021 to join the program. Payment terms depend on (i) the date of application, (ii) the number of maturities 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 recognition by the taxpayer of the debts included therein and the withdrawal of legal proceedings and administrative defenses relating thereto, as well as the condition of payment of legal costs and/or lawyers’ fees in the case where a legal action has already been filed for judicial recovery or the overdue State liability certificate has been formally challenged.

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Founded in 2001, Tauil & Checker Advogados is a full-service law firm with approximately 90 lawyers and offices in Rio de Janeiro, São Paulo and Vitória. T&C represents local and international businesses in their domestic and cross-border business and provides clients with a full range of legal services, including: corporate and mergers and acquisitions; debt and equity capital markets; banking and finance; employment and benefits; environmental; intellectual property; litigation and dispute resolution; restructuring, bankruptcy and insolvency; tax; and real estate. The company has a particularly strong and long-standing presence in the energy, oil and gas and infrastructure sectors as well as with pension and investment funds. In December 2009, T&C entered into an agreement to operate in association with Mayer Brown LLP and become “Tauil & Checker Advogados in association with Mayer Brown LLP”.

© Copyright 2020. Tauil & Checker Advogados, a partnership under Brazilian law with which Mayer Brown is associated. All rights reserved.

This article provides information and commentary on legal issues and developments of interest. The foregoing is not a complete treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action regarding the matters discussed here.

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