Executive Branch Extends Validity of Tax Certificates and Publishes Provisions for Foreign Companies to Mitigate COVID-19 crisis
24 marzo 2020

On March 24, the Ministry of Economy of Brazil issued Joint Ordinance No. 555, extending the validity of the Negative Debt Certificates related to Federal Fiscal Credits and Federal Debt (CND). The ordinance also covers those Positive Certificates with Negative Debt Effects related to Federal Fiscal Credits for a period of ninety days due to the national coronavirus crisis. The resolution is already in force.

The regulations state that the other provisions established in Joint Ordinance No. 1,751 of 2014, which establishes the guidelines for obtaining certificates of compliance with the payment of federal tax credits and the Federal Active Debt (SAD, for its acronym in Spanish) issued by the Federal Agency of Brazil and the General Prosecutor of the National Treasury, will be maintained.

In addition, the National Department for the Registration and Integration of Companies published Regulation No. 77 containing the provisions for foreign companies to apply for authorization to operate an establishment in the country. The regulation also repeals Instructions No. 7 of December 5, 2013; No. 25 of September 10, 2014; No. 49 of October 2, 2018; and No. 59 of April 15, 2019.

Regulation 77 says that companies must request Federal Government authorization to operate. The processes related to the requests for authorization will be examined and approved by the National Department for the Registration of Companies, and by the Digital Government department of the Ministry of Economy, except for those cases where specific legislation designates this competence to other institutions of the Executive Branch.