Carf deal was intermediate solution, experts say

In an interview with CNN this Wednesday (15), Camila Funaro Camargo, CEO of Esfera Brasil, and tax lawyer Roberto Quiroga discussed the agreement reached by the government to maintain the casting vote in Carf.

Signed between the Minister of Finance, Fernando Haddad, and the Minister of the Federal Supreme Court Antônio Dias Toffoli, the agreement provides for maintaining the so-called “quality vote” of CARF (Administrative Council of Federal Resources) in favor of the Union, and not the taxpayer – as sent in the provisional measure on the subject, which is in the National Congress.

Camila Camargo says that Grupo Esfera’s objective is dialogue to reach the “middle ground”.

“As a Sphere, that’s our entire purpose. Always reach the middle ground together with the government. So let it be good for both sides. Our whole purpose is dialogue and, in fact, this came true with Carf’s story. And now we look forward to passing it through Congress,” said Camargo.

Grupo Esfera is a think tank that brings together businessmen, entrepreneurs and the productive class created to encourage thinking and dialogue about Brazil.

The agreement closed by the government to maintain the casting vote in Carf was anticipated by analyst Caio Junqueira, from CNN .

Through it, in the event of a tie in the CARF judgments, the following consequences will apply:

• It will not be possible to apply a fine to taxpayers;
• Fines already applied referring to old cases will be extinguished;
• Taxpayers must pay only the principal plus the Selic interest rate;
• A period of three months will be opened so that taxpayers to the Treasury can negotiate debt installments in 12 months;
• If the taxpayer decides to pay and does not question the debt in court, interest will be eliminated. This goes for cases that will be judged and past cases as well.

Tax lawyer Roberto Quiroga agreed that the agreement was an intermediate solution, “where the government ceded a piece and taxpayers ceded another piece”.

“The taxpayer on the one hand wanting to keep the tie for himself. The government on the other side wanting to keep the tie for him. What was that deal? It was an intermediate solution, in which, from now on, if there is a tie, the fine is reduced. Because, when in doubt, I don’t know if that amount is owed or not, the fine falls”, he said.

During the meeting between Haddad and Toffoli, the finance minister said that “obviously Congress will have its time now to deliberate on the matter, and I hope that the parameters established in an agreement will serve as a guide for the judgment of the National Congress and eventual sanction of the president of the republic, which are the stages”.

Watch the full interview in the video above.