Fisco do Rio dará desconto à empresa em recuperação judicial

Por Valor Econômico

SÃO PAULO – O município do Rio de Janeiro criou um regime especial para devedores em recuperação judicial, falência, insolvência civil ou risco de insolvência quitarem débitos de Imposto sobre Serviços (ISS), Imposto sobre Propriedade Territorial Urbana (IPTU) e Taxa de Coleta Domiciliar de Lixo (TCL). As linhas gerais do programa constam da Lei nº 3.365, de 2018, publicada no início de maio.

Para os devedores em recuperação judicial, não há redução na multa, mas um desconto de 50% na dívida consolidada para o pagamento à vista do saldo. Devedores nessa situação também poderão optar pelo desconto de 30% no débito consolidado e o pagamento do remanescente em parcelas mensais sucessivas nos moldes dos parcelamentos ordinários, em até 84 vezes.

Os devedores em falência ou insolvência civil terão uma redução de 50% na dívida consolidada do tributo e de 100% na multa. Para isso, o saldo remanescente após as reduções deverá ser pago à vista, integralmente. A devedores com risco de insolvência o programa concede uma redução de 80% sobre os acréscimos moratórios e multas, podendo chegar a 90% caso a adesão seja feita até 90 dias após a data da regulamentação. Isso desde que o tributo, a atualização monetária e o saldo remanescente de acréscimos moratórios e multas sejam pagos à vista.

Para essa mesma categoria também poderá ser concedido um desconto de 50%, que poderá alcançar 60%, nos acréscimos moratórios e multas. Contanto que o restante (tributo, atualização monetária, saldo remanescente de acréscimos moratórios) seja quitado em até 12 meses consecutivos. Em geral, poderão ser incluídos no programa especial débitos inscritos em dívida ativa ou não, desde que não estejam em outros parcelamentos. O prazo para adesão será de 60 dias, que poderão ser prorrogáveis por mais 30 dias, após a regulamentação da lei.

As situações de falência, recuperação judicial e insolvência civil deverão ser comprovadas por meio de decisão judicial. Já os devedores com risco de insolvência devem apresentar demonstrações contábeis auditadas e análise com base no modelo Kanitz, que mede o grau de insolvência das empresas — o índice deverá ser igual ou menor do que 4 para o contribuinte aderir ao programa especial.

Concilia Rio

A Lei nº 6.365 também reabre o Programa Concilia Rio, instituído inicialmente pela Lei nº 5.854 para permitir à Procuradoria Geral do Município realizar acordos com os contribuintes na recuperação de créditos tributários. Para o tributarista Luiz Gustavo Bichara, do Bichara Advogados, o Rio inovou ao instituir o programa.

“Mostra uma compreensão do Fisco de que a recuperação do contribuinte não pode ser somente em relação aos credores privados, mas também em relação aos credores tributários”, diz. De acordo com Bichara, o parcelamento de débitos para empresas em recuperação judicial está previsto no Código Tributário Nacional (CTN). “O Rio está cumprindo o código”, afirma. Na opinião do advogado Júlio Mandel, especializado em direito falimentar, o programa de parcelamento é bem-vindo pelos descontos que oferece. Mas não ataca o principal problema das empresas em recuperação, que é a falta de liquidez.

“Se não há caixa para comprar matéria-prima, imagina para pagar tributo antigo”, diz. Para Mandel, além dos deságios para o pagamento à vista — que atendem principalmente aos devedores com ativos imobilizados —, um parcelamento efetivo deveria prever prazos longos e pagamentos escalonados para os devedores adaptarem o fluxo de caixa após a aprovação do plano de recuperação.

“O cenário ideal, porém, seria atrelar as parcelas ao faturamento”, diz.

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