Having your own business is not easy, and many companies are unaware that they have rights and end up losing a lot of money when it comes to tax. We can see that in Brazil we have a high and complex tax burden, which means that many entrepreneurs end up paying their taxes inappropriately because they do not have knowledge about tax legislation.
And with the COVID-19 pandemic, this has only worsened, as many entrepreneurs are seeing their business growth plummet or even zero their revenue. And without a prospect of improvement, many companies have their days numbered.
Even with this scenario, new opportunities are emerging, people are more willing to try something new in order to keep their companies running. In this scenario, the Tax Recovery service has been gaining strength and attracting small and medium-sized companies to become active in the market. After all, the IRS returns the amount unduly paid within 60 days, directly to the company’s current account.
Why do Simples Nacional companies pay more taxes than they should?
It is mandatory that every entrepreneur chooses a tax regime when opening his business. In Brazil we have 3 types of tax regimes: Real Profit, Presumed Profit and Simples Nacional, which is the focus of this article. Each of these regimes has its rules and particularities and that is why, when choosing one of the types of regime, it will directly reflect on your business, how taxes will be paid, the way of calculating each tax, in addition to its general rules.
However, when companies think that the tax regime for the simple national is relatively simple, they end up not paying much attention to the details that compose the calculation of the tax, causing them to pay more taxes than they should.
These “errors” that directly affect the payment of the monthly tax, are related to the product not being correctly classified when it enters the stock, which consequently issues the invoice with the wrong information.
Simples Nacional companies are not in the habit of feeding their product base correctly, nor do they know what this may affect in calculating their monthly tax. The problem becomes greater, as the accounting systems are not able to identify these registration problems at the time of bookkeeping, they only import into their systems the information that was issued in the invoices, which is often wrong, such as, for example, understanding the NCM of the invoice is correct or not.
There are some situations that can lead to the amount of undue tax payment. However, we are going to exemplify the main situation within this regime of the simple national that most occurs payment of undue tax.
Some market segments have differentiated taxation on their marketed items, in which the tax is collected at a higher rate by the manufacturer and importer, and the later chains (distributors and retailers), no longer pay the tax *, such taxes that already come embedded in the price of the product.
Below are the main segments that most pay taxes incorrectly in the Brazilian market:
- Pharmacies and Drugstores
- Cosmetics Stores
- Battery Resale
- automotive Center
- Bars and restaurants
- Pizzerias and Burgers
- Convenience Stores
- The bakery
- Wine House
This differentiated taxation exposed in the article, is related to the PIS and COFINS taxes that incorporate the payment of DAS (collection document of the simple national), and that is why, due to carelessness in the act of calculating these values, they end up being paid in duplicate. .
How to recover taxes wrongly paid?
The restitution work can be carried out directly through the Simples Nacional portal, without the need for any legal action.
The refund is not a fraudulent process, it is just the regularization of the accessory obligation called PGDAS (DAS generation program), which is declared monthly to the IRS.
As soon as the ancillary obligation is settled, the Federal Revenue System automatically crosses the information on the difference in the amount paid and makes the refund within 60 days. Often, occurring in the month following regularization.
The refund of money is made in the company’s current account and is provided for and permitted by law, as follows:
Normative Instruction No. 1717, of July 17, 2017
Art. 13. The request for refund of taxes administered by the RFB covered by the Special Unified Tax and Contribution Collection Scheme due by Micro and Small Enterprises (Simples Nacional), instituted by Complementary Law No. 123, of December 14, 2006 , should be formalized:
I – in the event of undue payment or the largest payment made in a Collection Document for the Simples Nacional (DAS), through the Electronic Request for Refund application, available on the Simples Nacional website and on the RFB website on the Internet, at http: / /rfb.gov.br
What are the benefits?
Recovering taxes wrongly paid is a great opportunity to generate cash for companies, making them more competitive and, mainly, active at this time in the economy.
In addition to the benefits of the companies, it is a great business opportunity for those who offer this type of service, as the financial gains in this type of service are extremely considerable, generating an opportunity to increase their customer base and retain existing customers.
In June 2020, according to the IBGE, the pandemic caused the closure of 39.4% of the 1.3 million companies that had temporarily suspended their operations. Of the companies that were closed on account of COVID-19, about 518.4 thousand, that is, 99.2% were small companies.
This data is frightening, because possibly these companies could have benefited from the refund to keep their businesses running, generating jobs and turning the country’s economy around.
The tax market has a huge range of opportunities to work, the important thing is to be prepared to meet the needs of companies. The best way is preparation. The definition between being the executor and the manager of your business, will make all the difference in the creation of this business model, after all, your customer cannot wait for a solution anymore, his problem is immediate.
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