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Law 14.973/24 , enacted on September 16, brings profound changes to tax and social security legislation, gradually increasing payroll taxes until 2028, allowing real estate values ​​to be updated to the market value and creating a new regime for regularizing undeclared assets. The legislation also strengthens the fight against fraud in INSS benefits and improves the transaction of debts with government agencies and public foundations. See the details below.

 

Law that re-taxes payroll taxes also brings rules for real estate and repatriation. 

 

1. Transitional regime for social security contributions

 

One of the main changes introduced by Law 14,973/24 is the transitional regime for substitute social security contributions, provided for in Law 12,546/11. Companies in specific sectors may, until December 31, 2024, choose to contribute based on gross revenue, instead of payroll. This measure aims to reduce payroll charges, but will be gradually reversed until 2028, when companies will once again collect payroll contributions in full.

 

From 2025 onwards, the transition to re-taxation will be made progressively, in three phases:

 

2025: Companies will pay 80% of the tax rate on gross revenue and 25% of the tax rate on payroll.

2026: Payment will be 60% on gross revenue and 50% on payroll.

2027: Contribution of 40% on gross revenue and 75% on payroll.

In 2028, the re-taxation will be complete, and companies will once again collect the full amount on their payroll.

2. Re-taxation of Importation

 

The new law also promotes adjustments to the -Importation surcharge, increasing the applicable rate by 1 percentage point until December 31, 2024. From 2025 onwards, there will be a gradual reduction of this increase, according to the following schedule:

 

2025: Additional rate of 0.8%.

2026: Additional rate of 0.6%.

2027: Additional rate of 0.4%.

These changes directly impact the import of goods classified in the Tipi - Table of Incidence of Tax on Industrialized Products and aim to increase revenue in a scenario of fiscal adjustment.

 

3. Updating the value of real estate

 

Law 14.973/24 also provides an opportunity for individuals and legal entities to update the value of real estate to market value. This update, which can be done optionally, aims to adjust the accounting value of real estate, allowing the taxpayer to pay a reduced tax on capital gains.

 

How does the update work?

 

For individuals: Property updates can be carried out by paying a definitive rate of 4% on the difference between the market value and the acquisition cost of the property.

For legal entities: The total tax on the difference is 10%, composed of 6% IRPJ and 4% CSLL.

Conditions and rules

 

The update is voluntary and can be done within 90 days of the publication of the law.

 

The updated value of the properties will be considered as an increase in equity and, in future sales, taxpayers will be able to use this new value as the basis for calculating the tax.

 

For legal entities, however, depreciation based on this value cannot be used as a tax deduction, and the additional cost can only be appropriated gradually, over 15 years, if the sale occurs three years after the revaluation.

 

This measure aims to increase revenue by encouraging the regularization of assets not updated in the estate, but it brings some limitations so that taxpayers can fully benefit from this reassessment, especially for legal entities.

 

4. New RERCT: Regularization of undeclared assets

 

Law 14.973/24 also reopens the RERCT - Special Regime for Exchange and Tax Regularization, allowing individuals and legal entities to regularize undeclared assets in Brazil or abroad. The new RERCT provides the possibility of extinguishing tf tax crimes related to the omission of these assets, upon payment of tax and fine.

 

How does it work?

 

Tax rate and fine: Regularization involves the payment of 15% income tax and a fine corresponding to 100% of the tax amount, resulting in a tax burden of 30%.

Calculation basis: The amount to be regularized is the amount that existed on December 31, 2023.

Deadline: Taxpayers have 90 days, from the publication of the law, to join the regime.

This regularization is considered strategic, especially in a scenario of greater sharing of information between Brazilian tax authorities and those of other countries, aiming at the recovery of taxes due.

 

5. Measures to combat fraud in public spending

 

The law also presents a set of measures aimed at combating fraud and abuse in public spending, especially within the scope of the INSS. Among the main initiatives are:

 

Automatic blocking of benefits with signs of fraud: INSS may block the payment of benefits that present irregularities, such as fraud involving the use of false documents or the improper insertion of data into the system.

Biometric registration: Biometric registration is now required for applicants for BPC - Continuous Benefit Payment and their legal representatives, as a way of guaranteeing the identity of beneficiaries and reducing fraud.

These actions aim to increase the efficiency of the benefits system and ensure the financial sustainability of social security and assistance.

 

6. Transaction of debts of local authorities and foundations

 

The new law allows the Federal Attorney General's Office to propose non-tax debt transactions with federal government agencies and foundations, when there is a relevant regulatory interest. This measure facilitates the settlement of debts that are difficult to recover and ensures the continuity of essential activities performed by these entities.

 

Transaction conditions

 

Debts may be subject to discounts, depending on the degree of recoverability of the credit.

 

The transaction may include additional commitments from the debtor, such as the maintenance of public services or the completion of works, where applicable.

 

7. Judicial and extrajudicial deposits

 

Law 14.973/24 also regulates the centralization of judicial and extrajudicial deposits in proceedings involving the Union, federal agencies and foundations. These amounts must be deposited in the Caixa Federal and transferred to the Single Account of the National Treasury. The measure aims to better organize and control the amounts involved in administrative and judicial proceedings.

 

 link: https://www.migalhas.com.br/quentes/415767/lei-que-reonera-folha-tambem-traz-regras-para-imoveis-e-repatriacao