Who is afraid of “split payment”?

The so-called “split payment”, shared payment of the tax (CBS and IBS) in the financial settlement of the operation, has been the object of many of the most diverse approaches, existing today even those who love or hate it without knowing, for sure, the reasons for these feelings.

First, the “split payment” is not a novelty in the world, it is not a Brazilian invention, we have examples in Europe, Asia and Latin America, especially in Chile, which even served as inspiration for the Brazilian electronic invoice, widely used.

The model that is being sought to structure in Brazil starts from the principle that from a billing, a duplicate and a tax collection guide (which is on the outside) will be generated. Thus, when paying for the good or service, this tax amount will already be collected by the purchaser, no longer having that situation in which the supplier will pay the tax. Far from it, who will pay the tax is the one who is buying the product, or purchasing the service, for example.

The proposal to collect the new taxes (CBS and IBS) is to apply it universally (in operations with financial arrangements that are almost entirely) and parallel to other payment cases, except for operations with cash or check. This system, according to the bill, is one of the guarantee pillars that there will always be resources in the Federal Revenue Service (CBS) and the Management Committee (IBS), so that the non-cumulativeness of the taxes is effectively implemented in Brazil.

However, if this system is implemented, companies will have a pre-review, that is, the system will already calculate the tax due. This model already works in Rio Grande do Sul for small companies. In this format, a significant reduction in ancillary obligations is expected, but companies will also have to have a system to monitor this entire process, as, when receiving an extract from the tax authorities, they will be able to evaluate any divergences.

The functionalities that are included in PLP 68/24, presuppose a highly technological system, capable of enabling, among other aspects, consultations in real time between financial institutions, IBS Management Committee and the Federal Revenue.

As informed by the treasury authorities, the “split payment”, if implemented, can be an effective instrument to combat cold notes, carousel fraud, fraudulent schemes, tax evasion, etc.

On the other hand, the taxpayer will have guaranteed his right to reimbursement, as both the federal tax authorities and the tax authorities of other subnational entities will not be able to allege “lack of resources” for reimbursements, as the tax will already be segregated at the time of payment of the invoice via any financial arrangement.

One of the points that are also under debate and is the target of criticism by taxpayers, is in the sense that, combined with the “split payment”, there is the rule that the taxpayer will only be entitled to credit when the tax levied on the operation is actually paid.

Other doubts that are being pointed out by taxpayers concern the form of control over their credits, since in this format, the tax authorities are the ones who will point out the amounts object of credit. At this point, what is sought with the regulation is the adoption of an extract system, with the debits and credits available for taxpayer monitoring. The whole idea is in the sense of simplification and transparency, it is therefore sought that the taxpayer only has one obligation: to buy and sell with a note.

The fact is that there is no reason to fear this whole new system of collection, as it will still be the subject of major adjustments and debates, together with several actors who will be in the focus of this system, especially financial institutions, which should, without any doubts, actively participate in the creation and development of this new and complex system so that they do not burden, under any circumstances, the taxpayer.