Government attitudes force Brazilian taxpayers to litigate over Tax Recovery Program

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Government attitudes force Brazilian taxpayers to litigate over Tax Recovery Program

Taxpayers in Brazil will hope that the superior courts continue the recent thread of favourable judgements relating to the REFIS.

 It has been more than four years since the enactment of Law No. 11.941 of May 27 2009, which:

  • established the Tax Recovery Program (REFIS);

  • granted significant reductions in the payment of tax penalties and interest, enforced by the Brazilian Internal Revenue Service; and

  • made it the possible to divide outstanding debts into up to 180 installments.

However, Brazilian Internal Revenue Service bureaucracy and consecutive attempts by the National Treasury Attorney's Office at restricting and mitigating tax benefits force taxpayers to engage in legal battles to give effect to the benefits they are expressly entitled to by law.

Particularly for taxpayers who had judicial deposits, the REFIS, which was supposed to reduce tax litigation, has not proved efficient so far.

Sparse interpretations by the Treasury Attorney’s Office and Specialised Departments of the Internal Revenue Service make it even harder to combine an applicable determination to all taxpayers. Therefore, taxpayers each have to resort to the Judicial Branch to enforce their right to tax benefits to the exact extent intended by the law.

Over the years, taxpayers enrolled in the REFIS realised that appeals filed in an attempt at restricting benefits were not one-off measures, but rather a strategy articulated by the Treasury Attorney’s Office to question the rights expressly specified by Law No 11.941/2009.

The appeals filed by the Treasury Attorney’s Office present arguments which are diametrically opposed to what is expressly stated in the legal text.

One of the great debates between taxpayers and the Treasury Attorney's Office relates to the possibility of using net operating losses and the Social Contribution on Net Income (CSLL) negative tax base for discharge of interest and penalties over debts included in the REFIS, when fully guaranteed by deposits in court.

Despite delays regarding the judiciary’s opinion about the conflicts involving the REFIS, 2013 resulted in great advances, considering the rendering of judgments ensuring benefits to taxpayers. The Brazilian Second Regional Court of Appeals gave a judgment in one of the first rulings on the matter, and confirmed the possibility of using net operating losses and the CSLL negative tax base for discharge of interest and penalties in cases in which there are deposits in court.

In the next few years we will have the final decision of the superior courts on these issues. Meanwhile, taxpayers await the resolution of conflicts and hope that all benefits guaranteed by law are put into effect.

Alessandra Gomensoro (agomensoro@mattosfilho.com.br)

more across site & shared bottom lb ros

More from across our site

There is a shocking discrepancy between professional services firms’ parental leave packages. Those that fail to get with the times risk losing out in the war for talent
Winston Taylor is expected to launch in May 2026 with more than 1,400 lawyers across the US, UK, Europe, Latin America and the Middle East
They are alleging that leaked tax information ‘unfairly tarnished’ their business operations; in other news, Davis Polk and Eversheds Sutherland made key tax hires
Overall revenues for the combined UK and Swiss firm inched up 2% to £3.6 billion despite a ‘challenging market’
In the first of a two-part series, experts from Khaitan & Co dissect a highly anticipated Indian Supreme Court ruling that marks a decisive shift in India’s international tax jurisprudence
The OECD profile signals Brazil is no longer a jurisdiction where TP can be treated as a mechanical compliance exercise, one expert suggests, though another highlights 'significant concerns'
Libya’s often-overlooked stamp duty can halt payments and freeze contracts, making this quiet tax a decisive hurdle for foreign investors to clear, writes Salaheddin El Busefi
Eugena Cerny shares hard-earned lessons from tax automation projects and explains how to navigate internal roadblocks and miscommunications
The Clifford Chance and Hyatt cases collectively confirm a fundamental principle of international tax law: permanent establishment is a concept based on physical and territorial presence
Australian government minister Andrew Leigh reflects on the fallout of the scandal three years on and looks ahead to regulatory changes
Gift this article