Law No. 12,865, of October 9, 2013

Veto Message

Conversion of Provisional Measure No. 615, 2013

Authorizes the payment of economic subsidy to producers of the 2011/2012 sugarcane and ethanol harvest that it specifies and the financing of the renewal and implementation of cane fields with interest‑rate equalization; provides for payment arrangements and payment institutions that are part of the Brazilian Payment System (SPB); authorizes the Union to issue, in the form of direct placement, in favor of the Energy Development Account (CDE), federal public debt securities; establishes new conditions for rural credit operations originating from, or contracted with, resources of the Northeast Constitutional Financing Fund (FNE); amends the deadlines provided in Laws No. 11,941 of May 27, 2009, and No. 12,249 of June 11, 2010; authorizes the Union to contract Banco do Brasil S.A. or its subsidiaries to manage resources, works and engineering services related to the development of projects, modernization, expansion, construction or renovation of the integrated and specialized network for assistance to women in situations of violence; regulates the digital document in the National Financial System; regulates the transfer, in case of death, of the right of private use of public area by urban equipment such as kiosks, trailers, fairs and newspaper and magazine sales stalls; amends the incidence of the Contribution to PIS/Pasep and Cofins in the production and commercialization chain of soy and its by‑products; amends Laws No. 12,666 of June 14, 2012; No. 5,991 of December 17, 1973; No. 11,508 of July 20, 2007; No. 9,503 of September 23, 1997; No. 9,069 of June 29, 1995; No. 10,865 of April 30, 2004; No. 12,587 of January 3, 2012; No. 10,826 of December 22, 2003; No. 10,925 of July 23, 2004; No. 12,350 of December 20, 2010; No. 4,870 of December 1, 1965; and No. 11,196 of November 21, 2005, and Decree No. 70,235 of March 6, 1972; revokes provisions of Laws No. 10,865 of April 30, 2004; No. 10,925 of July 23, 2004; No. 12,546 of December 14, 2011; and No. 4,870 of December 1, 1965; and provides other provisions.

The PRESIDENT OF THE REPUBLIC

I make known that the National Congress decrees and I sanction the following Law:

Article 1

The Union is authorized to grant extraordinary subsidy to independent sugarcane producer‑suppliers affected by adverse climatic conditions for the 2011/2012 harvest in the Northeast Region.

Sole paragraph. The Executive Branch shall establish the operational conditions for the implementation, execution, payment, control and supervision of the subsidy provided for in the caput, observing the following:

1. The subsidy shall be granted to independent producer‑suppliers directly or through their cooperatives, based on the quantity of sugarcane actually sold to sugar mills and distilleries in the area referred to in the caput, excluding the own production of agro‑industrial units and the production of their respective partners and shareholders;
2. The subsidy shall be R$ 12.00 (twelve reais) per ton of sugarcane and limited to 10,000 (ten thousand) tons per independent producer‑supplier for the entire 2011/2012 harvest;
3. The subsidy payment shall be made in 2013 and 2014, referring to the production of the 2011/2012 harvest actually delivered from August 1, 2011, observing the limits established in items 1 and 2 of this paragraph.

Article 2

The Union is authorized to grant economic subsidy to industrial units producing fuel ethanol that carry out their activities in the area referred to in the caput of Article 1, concerning the 2011/2012 harvest.

1. The subsidy referred to in the caput of this article shall be granted directly to industrial units, or through their cooperatives or the respective regularly constituted producers’ union, in the amount of R$ 0.20 (twenty centavos) per liter of ethanol actually produced and marketed in the 2011/2012 harvest.
2. The Executive Branch shall establish the operational conditions for the payment, control and supervision of the equalization grant referred to in this article.
3. Irregular application or diversion of the resources originating from the economic subsidy covered by this article and Article 1 shall subject the infringer to double repayment of the amount received, monetarily updated, without prejudice to other penalties provided by law.

Article 3

Observed the provision of paragraph 3 of article 195 of the Federal Constitution, for the purpose of granting the subsidies covered by Articles 1 and 2, the beneficiaries, the cooperatives and the regularly constituted producers’ union are exempted from proving fiscal regularity for the receipt of the subsidy.

Article 4

The rate of the Contribution to the Programs of Social Integration and Public Servant Asset Formation (PIS/Pasep) and the Contribution to the Financing of Social Security (Cofins) applicable to amounts actually received exclusively as subsidy under Articles 1 and 2 is reduced to 0 (zero).

Article 5

Law No. 12,666, of June 14, 2012, shall henceforth have the following amendments:

Article 2
The Union is authorized to grant economic subsidy to federal official financial institutions, in the form of interest‑rate equalization, for financing operations for the storage of fuel alcohol and for the renewal and implementation of cane fields, with the objectives of reducing price volatility and contributing to the stability of alcohol supply.

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§ 4
The authorization for the grant of subsidy and for the contracting of financing operations for fuel‑alcohol storage and for the renewal and implementation of cane fields is limited to 5 (five) years, counted from the official publication of this Law.

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(NR)

Article 6

For the purposes of the rules applicable to payment arrangements and payment institutions that become part of the Brazilian Payment System (SPB) under this Law, the following definitions shall apply:

1. payment arrangement – set of rules and procedures that governs the provision of a particular payment service to the public accepted by more than one payee, through direct access by end‑users, payers and payees;
2. payment arrangement founder – legal entity responsible for the payment arrangement and, where applicable, for the use of the brand associated with the payment arrangement;
3. payment institution – legal entity that, by adhering to one or more payment arrangements, has as its main or ancillary activity, alternatively or cumulatively:
   • a) provide deposit or withdrawal service of resources held in a payment account;
   • b) execute or facilitate payment instruction related to a particular payment service, including transfer originated from or destined to a payment account;
   • c) manage a payment account;
   • d) issue a payment instrument;
   • e) accredit acceptance of a payment instrument;
   • f) execute fund remittance;
   • g) convert physical or book‑entry currency into electronic money, or vice‑versa, accredit acceptance or manage the use of electronic money; and
   • h) other activities related to the provision of payment services, designated by the Central Bank of Brazil;
4. payment account – registration account held in the name of an end‑user of payment services used for the execution of payment transactions;
5. payment instrument – device or set of procedures agreed between the end‑user and its payment‑service provider used to initiate a payment transaction;
6. electronic money – resources stored in a device or electronic system that allow the end‑user to carry out a payment transaction.

§ 1 Financial institutions may adhere to payment arrangements in the manner established by the Central Bank of Brazil, according to guidelines set by the National Monetary Council.

§ 2 Payment institutions are prohibited from performing activities that are exclusive to financial institutions, without prejudice to the performance of the activities provided for in item III of the caput.

§ 3 The set of rules that governs the use of a payment instrument issued by a business corporation for the acquisition of goods or services offered by it does not constitute a payment arrangement.

§ 4 Payment arrangements whose volume, scope and nature of business, to be defined by the Central Bank of Brazil according to parameters established by the National Monetary Council, are not capable of posing risk to the normal functioning of retail payment transactions are not covered by this Law.

§ 4 (Amended by Law No. 14,031, 2020) Notwithstanding the provision of § 5 of this article, payment arrangements and payment institutions whose volume, scope and nature of business, to be defined by the Central Bank of Brazil according to parameters established by the National Monetary Council, are not capable of posing risk to the normal functioning of retail payment transactions are not covered by this Law.

§ 5 (Amended by Law No. 14,031, 2020) The Central Bank of Brazil, respecting the guidelines established by the National Monetary Council, may request information to monitor the development of the arrangements referred to in § 4.

§ 5 (Amended by Law No. 14,031, 2020) The Central Bank of Brazil, respecting the guidelines established by the National Monetary Council, may requisition information from payment‑arrangement founders and payment institutions to verify the volume, scope and nature of their businesses, exclusively for the purpose of assessing their capacity to offer the risk referred to in § 4 of this article.

§ 6 (Added by Complementary Law No. 225, 2026) Participants of payment arrangements, payment‑service providers and payment institutions are subject to the rules and ancillary obligations defined in an Executive‑branch regulation intended to ensure appropriate supervision, monitoring and transparency regarding taxes and contributions related to the services they provide.

Article 7

Payment arrangements and payment institutions shall observe the following principles, as parameters to be established by the Central Bank of Brazil, in line with the guidelines of the National Monetary Council:

1. interoperability of the payment arrangement and between distinct payment arrangements;
2. solidity and efficiency of payment arrangements and payment institutions, promotion of competition and provision for the transfer of electronic‑money balances, where applicable, to other arrangements or payment institutions;
3. non‑discriminatory access to services and infrastructures necessary for the functioning of payment arrangements;
4. meeting the needs of end‑users, especially freedom of choice, security, protection of economic interests, non‑discriminatory treatment, privacy and personal data protection, transparency and access to clear and complete information about service conditions;
5. reliability, quality and security of payment services; and
6. financial inclusion, observing quality, security and transparency standards equivalent across all payment arrangements.

Sole paragraph. The regulation of this article shall ensure the capacity for innovation and the diversity of business models of payment institutions and payment arrangements.

Article 8

The Central Bank of Brazil, the National Monetary Council, the Ministry of Communications and the National Telecommunications Agency (Anatel) shall, within the scope of their competencies, stimulate financial inclusion through the participation of the telecommunications sector in the provision of payment services and may, based on periodic assessments, adopt incentive measures for the development of payment arrangements that use user‑owned telecommunications access terminals.

Sole paragraph. The System of Payments and Transfer of Monetary Values by Mobile Devices (STDM), an integral part of the SPB, consists of the set formed by the payment arrangements that govern the provision of the payment services referred to in item III of article 6, based on the use of a mobile device in a mobile‑telephony network, and the payment institutions that adhere to them.

Article 9

It is the competence of the Central Bank of Brazil, respecting the guidelines established by the National Monetary Council:

1. to regulate payment arrangements;
2. to regulate the constitution, operation and supervision of payment institutions, as well as the discontinuation of their services;
3. to limit the corporate purpose of payment institutions;
4. to authorize the payment‑arrangement institution in the Country;
5. to authorize the constitution, operation, transfer of control, merger, spin‑off and incorporation of a payment institution, including when involving participation of a non‑resident natural or legal person;
6. to establish conditions and authorize the holding and exercise of positions in statutory and contractual bodies of a payment institution;
7. to exercise supervision over payment arrangements and apply applicable sanctions;
8. to supervise payment institutions and apply applicable sanctions;
9. to adopt preventive measures aimed at ensuring solidity, efficiency and regular functioning of payment arrangements and payment institutions, which may include, among others:
   • a) establishing minimum operational limits;
   • b) setting operational, risk‑management, internal‑control and governance rules, including regarding corporate control and mechanisms to ensure deliberative autonomy of governing bodies; and
   • c) limiting or suspending the sale of products, the provision of payment services and the use of operational modalities;
10. to adopt measures to promote competition, financial inclusion and transparency in the provision of payment services;
11. to cancel, ex officio or upon request, the authorizations referred to in items 4, 5 and 6 of the caput;
12. to coordinate and control payment arrangements and the activities of payment institutions;
13. to regulate the charging of fees, commissions and any other form of remuneration related to payment services, including among members of the same payment arrangement; and
14. to provide for the ways in which resources recorded in a payment account may be applied.

§ 1 The Central Bank of Brazil, respecting the guidelines established by the National Monetary Council, shall regulate the cases of exemption from the authorizations referred to in items 4, 5 and 6 of the caput.

§ 2 The Central Bank of Brazil, respecting the guidelines established by the National Monetary Council, may establish criteria for interoperability of the payment arrangement or between distinct payment arrangements.

§ 3 In exercising the activities provided for in items 7 and 8 of the caput, the Central Bank of Brazil may require the payment‑arrangement founder and the payment institution to present documents and accounting books and to grant access, including in real time, to data stored in electronic systems, considering refusal of access as an impediment to supervision, subject to the sanctions applicable under article 11.

§ 4 The Central Bank of Brazil may submit draft normative acts to public consultation.

§ 5 The competencies of the National Monetary Council and the Central Bank of Brazil set out in this article do not affect the legal attributions of the Brazilian Competition Defense System, nor those of other bodies or entities responsible for sectoral regulation and supervision.

§ 6 The Central Bank of Brazil, respecting the guidelines established by the National Monetary Council, shall define the situations that may trigger the cancellation referred to in item 11 of the caput and the procedural acts necessary.

Article 10

The Central Bank of Brazil may, respecting the guidelines established by the National Monetary Council, establish requirements for the outsourcing of activities related to core activities by participants of payment arrangements and for the operation of third parties as agents of payment institutions.

§ 1 The payment‑arrangement founder and the payment institution are administratively liable for the actions of third parties they contract under the caput.

§ 2 The provision of the caput does not apply where the entity does not participate in any activity of the payment arrangement and acts exclusively in the provision of infrastructure, such as telecommunications services.

Article 11

Violations of this Law and of the guidelines and rules respectively established by the National Monetary Council and the Central Bank of Brazil subject the payment institution and the payment‑arrangement founder, as well as their administrators and members of their statutory or contractual bodies, to the penalties provided in the legislation applicable to financial institutions.

Article 11

Violations of the legal and regulatory norms governing payment arrangements and payment institutions subject the payment‑arrangement founder and the payment institution, their administrators and members of their statutory or contractual bodies, to the penalties provided in Provisional Measure No. 784, of June 7, 2017.

(Amended by Provisional Measure No. 784, 2017)

Terminated validity

Article 11

Violations of this Law and of the guidelines and rules respectively established by the National Monetary Council and the Central Bank of Brazil subject the payment institution and the payment‑arrangement founder, as well as their administrators and members of their statutory or contractual bodies, to the penalties provided in the legislation applicable to financial institutions.

Article 11

Violations of the legal and regulatory norms that govern payment arrangements and payment institutions subject the payment‑arrangement founder and the payment institution, their administrators and members of their statutory or contractual bodies to the penalties provided by the legislation in force.

(Amended by Law No. 13,506, 2017)

Sole paragraph. The provision of the caput does not preclude the application, by the bodies that are part of the National Consumer Defense System and the Brazilian Competition Defense System, of the penalties applicable for violations of consumer protection and competition‑defense norms.

Article 12

Resources held in payment accounts:

1. constitute a separate patrimony, which does not merge with that of the payment institution;
2. do not respond directly or indirectly to any obligation of the payment institution nor may they be subject to seizure, attachment, search and seizure or any other judicial constriction act due to debts of the payment institution;
3. do not form part of the assets of the payment institution for bankruptcy or judicial/extrajudicial liquidation purposes; and
4. cannot be given as guarantee for debts assumed by the payment institution.

Article 12‑A

Resources received by participants of the payment arrangement intended for the settlement of payment transactions necessary for receipt by the final‑user payee or the right to receive those resources for the fulfillment of the same purpose:

1. are not commingled with the other assets and rights of the participant of the payment arrangement and respond only to the fulfillment of settlement obligations within the payment arrangement to which they are linked;
2. cannot be subject to seizure, attachment, search and seizure or any other judicial constriction act due to debts of any participant of the payment arrangement, except for the fulfillment of settlement obligations among participants of the payment arrangement up to receipt by the final‑user payee, according to the rules of the payment arrangement;
3. cannot be assigned as credit‑right or data guarantee, except if the proceeds of the assignment of credits or the constitution of the guarantee are destined, respectively, to fulfill or to assure the fulfillment of settlement obligations among participants of the payment arrangement concerning payment transactions up to receipt by the final‑user payee, according to the rules of the payment arrangement; and
4. are not subject to collection under the special regimes of institutions authorized to operate by the Central Bank of Brazil, judicial or extrajudicial reorganization, bankruptcy, judicial liquidation or any other recovery or dissolution regime to which the participant of the payment arrangement through which the resources flow is subjected.

§ 1 Resources intended for payment to the final‑user payee, at any time received by a participant of the payment arrangement subjected to the regimes referred to in item 4 of the caput, must be transferred to subsequent participants in the settlement chain of financial flows relating to the payment transactions until they reach the institution designated by the final‑user payee for receipt of those resources, according to the rules of the corresponding payment arrangement.

§ 2 The right of receipt of resources intended for payment to the final‑user payee is subrogated to the participant that previously delivers its own resources, with or without charge, to the final‑user payee.

§ 3 The provision of the caput does not apply to resources made available by a participant of the payment arrangement to the final‑user payee, even if they remain deposited in the institution chosen by the final‑user payee.

§ 4 The rules of the payment arrangement may provide for the redirection of financial flows concerning the payment transactions of the participant subjected to one of the regimes referred to in item 4 of the caput to another participant or agent, as provided in the regulation of the arrangement approved by the Central Bank of Brazil.

Art. 12‑A. The funds received by participants in the payment arrangement intended for the settlement of payment transactions necessary for receipt by the final receiving user or the right to receive such funds for the fulfillment of that same purpose:

I – are not commingled with the other assets and rights of the participant in the payment arrangement and only respond to the fulfillment of settlement obligations of payment transactions within the payment arrangement to which they are linked;

II – cannot be the object of seizure, attachment, search and seizure or any other judicial constriction act due to debts of any participant in the payment arrangement, except for the fulfillment of settlement obligations among the participants of the payment arrangement until receipt by the final receiving user, in accordance with the rules of the payment arrangement;

III – cannot be the object of assignment of credit rights nor be given as collateral, except if the proceeds of the assignment of credits or the guaranteed operation are intended to fulfill settlement obligations among the participants of the payment arrangement concerning payment transactions until receipt by the final receiving user, or to ensure the fulfillment of those obligations, in accordance with the rules of the payment arrangement;

IV – are not subject to collection under the special regimes of institutions authorized to operate by the Central Bank of Brazil, to judicial and extrajudicial recovery, bankruptcy, judicial liquidation or any other recovery or dissolution regime to which the participant of the payment arrangement through which the said funds transit is subjected.

§ 1 The funds intended for payment to the final receiving user, at any time received by a participant in the payment arrangement subject to the regimes referred to in item IV of the main clause of this article, must be transferred to the subsequent participants in the settlement chain of the financial flows relating to the payment transactions until they reach the institution designated by the final receiving user to receive those funds, in accordance with the rules of the corresponding payment arrangement.

§ 2 The right to receive the funds intended for payment to the final receiving user is subrogated to the participant or third party who previously delivers its own funds, with or without charge, to the final receiving user.

§ 3 The provisions of the main clause of this article do not apply to funds made available by a participant in the payment arrangement to the final receiving user, even if they remain deposited in the institution of the final receiving user's choice.

§ 4 The rules of the payment arrangement may provide for the redirection of the financial flows relating to the payment transactions of the participant subject to one of the regimes referred to in item IV of the main clause of this article to another participant or agent, as provided in the regulation of the arrangement approved by the Central Bank of Brazil.

§ 5 In the case of assignment or encumbrance of credit rights provided for in item III of the main clause of this article, the default by the assigning or guaranteeing participant of the settlement obligations for which the proceeds of the assignment or guaranteed operation are intended does not entail liability of the assignee or guarantee beneficiary nor ineffectiveness of the assignment or guarantee, unless it is proven that the assignee or beneficiary acted in bad faith.

Art. 12‑B. The provisions of articles 12 and 12‑A apply to participants and issuers of payment arrangements, even if those arrangements are not covered by the provisions of this Law, pursuant to the provisions of § 4 of article 6.

Art. 12‑B. The provisions of articles 12 and 12‑A of this Law apply to participants and issuers of payment arrangements, even if those arrangements are not covered by the provisions of this Law, pursuant to the provisions of § 4 of article 6 of this Law.

Art. 12‑C. The assets and rights allocated by issuers and participants of payment arrangements that are part of the Brazilian Payment System to guarantee the settlement of payment transactions, in the form and to the extent defined in the regulation of the arrangement approved by the Central Bank of Brazil:

I – constitute a separate patrimony, which cannot be the object of seizure, attachment, search and seizure, or any other judicial constriction act, except for the fulfillment of obligations assumed within the scope of the arrangement; and

II – are not subject to collection under the special regimes of institutions authorized to operate by the Central Bank of Brazil, to judicial and extrajudicial recovery, bankruptcy, judicial liquidation or any other recovery or dissolution regime to which the participant of the payment arrangement through which the said resources transit is subjected.

§ 1 After the fulfillment of the guaranteed obligations by issuers and participants of payment arrangements that are part of the Brazilian Payment System, the remaining assets and rights shall be reverted to the participant, so that the provisions of items I and II of the main clause shall no longer apply.

§ 2 The provisions of this article do not apply to closed payment arrangements, according to parameters established by the Central Bank of Brazil.

Art. 12‑C. The assets and rights allocated by issuers and participants of payment arrangements that are part of the SPB to guarantee the settlement of payment transactions, in the form and to the extent defined in the regulation of the arrangement approved by the Central Bank of Brazil:

I – constitute a separate patrimony, which cannot be the object of seizure, attachment, search and seizure or any other judicial constriction act, except for the fulfillment of obligations assumed within the scope of the arrangement;

II – are not subject to collection, under the special regimes of institutions authorized to operate by the Central Bank of Brazil, to judicial and extrajudicial recovery, bankruptcy, judicial liquidation or any other recovery or dissolution regime to which the participant of the payment arrangement through which the said resources transit is subjected.

§ 1 After the fulfillment of the guaranteed obligations by issuers and participants of payment arrangements that are part of the SPB, the remaining assets and rights shall be reverted to the participant, so that the provisions of items I and II of the main clause shall no longer apply.

§ 2 The provisions of this article do not apply to closed payment arrangements, according to parameters established by the Central Bank of Brazil.

Art. 13. Payment institutions are subject to the temporary special administration regime, intervention, and extrajudicial liquidation, under the conditions and manner provided in the legislation applicable to financial institutions.

Art. 14. The Central Bank of Brazil is authorized to receive deposits on behalf of non‑financial entities that are part of the Brazilian Payment System.

Art. 14. The Central Bank of Brazil is authorized to receive deposits of non‑financial entities that are part of the Brazilian Payment System, according to remuneration, limits, terms, negotiation forms and other conditions established by it.

Art. 15. The Central Bank of Brazil is authorized to issue the rules and instructions necessary for its compliance.

§ 1 Within a period of 180 (one hundred and eighty) days, the Central Bank of Brazil, taking into account guidelines established by the National Monetary Council, shall define the minimum conditions for the provision of the services addressed by this Law.

§ 2 The Central Bank of Brazil is authorized to establish, for payment arrangements, the issuers of payment arrangements and payment institutions already operating, deadlines for compliance with the provisions of this Law, the rules established by it, and the guidelines of the National Monetary Council.

Art. 16. The Union is authorized to issue, in the form of direct placement, in favor of the Energy Development Account (CDE), Federal Public Debt Securities, at market value and up to the limit of the total credits held, on March 1 2013, by it and by Eletrobrás in the Binational Itaipu.

§ 1 The characteristics of the securities referred to in the main clause shall be defined by the Minister of State of the Treasury.

§ 2 The amounts received by the Union as a result of its credits in the Binational Itaipu shall be exclusively destined for the payment of the Federal Public Debt.

Art. 17. The deadline provided in § 12 of article 1 and in article 7 of Law No. 11,941 of May 27 2009, as well as the deadline provided in § 18 of article 65 of Law No. 12,249 of June 11 2010, shall be the last business day of the second month following the publication of the Law resulting from the conversion of Provisional Measure No. 627 of November 11 2013, subject to the conditions established in this article.

§ 1 The payment or installment option addressed in this article does not apply to debts that have already been installment‑planned under articles 1 to 13 of Law No. 11,941 of May 27 2009, and under article 65 of Law No. 12,249 of June 11 2010.

§ 2 While the debt is not consolidated, the taxpayer must calculate and pay monthly an installment equivalent to the greater amount between:

I – the total amount of the debts subject to the installment divided by the number of intended installments; and

II – the amounts stipulated in § 6 of article 1 or in item I of § 1 of article 3 of Law No. 11,941 of May 27 2009, as applicable, or the amounts stipulated in § 6 of article 65 of Law No. 12,249 of June 11 2010, when this Law applies.

§ 3 At the time of consolidation, regularity of all installments due from the month of adhesion up to the month preceding the completion of the consolidation of the installment debts shall be required by the provisions of this article.

§ 4 The restriction provided in § 32 of article 65 of Law No. 12,249 of June 11 2010 applies to debts owed to ANATEL, which will not have the deadline reopened in the manner of the main clause of this article.

§ 5 The provision in the sole paragraph of article 4 of Law No. 11,941 of May 27 2009, as well as the provision in § 16 of article 39 of this Law, shall apply to debts paid or installment‑planned in the manner of article 65 of Law No. 12,249 of June 11 2010, for payments or installments occurring after January 1 2014.

§ 6 The reduction percentages provided in articles 1 and 3 of Law No. 11,941 of May 27 2009 shall be applied to the updated debt amount at the time of the deposit and shall only affect the amounts of default and statutory fines, isolated fines, default interest, and the legal charge actually deposited.

§ 7 The conversion into definitive payment of the deposited amounts shall only occur after the application of the reduction percentages, in accordance with the provisions of § 6.

§ 8 A legal entity that, after the transformation of the deposits into definitive payment, has debts not settled by the deposit may obtain the reductions for cash payment and settle the interest related to those debts using amounts of tax loss or negative calculation basis of the CSLL, provided it pays the remaining debts in cash.

§ 9 In the case of § 8, the reductions shall be applied to the amounts updated on the date of payment.

§ 10 For the purpose of applying the provisions of §§ 6 and 9, the Federal Revenue Service (RFB) shall consolidate the debt, taking into account the use of tax loss amounts or negative CSLL calculation basis according to the applicable rate for each legal entity, and shall inform the Judiciary of the result for the purpose of converting the deposit into definitive payment or withdrawing any balance.

§ 11 The amount transformed into definitive payment shall be that necessary to allocate to the debts involved in the litigation object of the withdrawal, including debts related to the same litigation that may be without the corresponding deposit or with a deposit insufficient to settle them.

§ 12 After the conversion into definitive payment referred to in § 7, the taxpayer may request the withdrawal of the remaining balance, if any, in accordance with the provisions of § 13.

§ 13 In the case referred to in § 12, the remaining balance may only be withdrawn by the taxpayer after confirmation by the RFB of the tax loss amounts and negative CSLL calculation basis used in the manner of § 7 of article 1 of Law No. 11,941 of May 27 2009.

§ 14 The remaining balance referred to in § 12 shall be corrected by the Selic rate.

§ 15 For taxpayers who adhere to the installment plan in the manner of the main clause, no penalty percentage, before reductions, shall exceed 100 % (one hundred percent).

Art. 18. The Union, through the Secretariat of Policies for Women of the Presidency of the Republic (SPM/PR), is authorized to contract Banco do Brasil S.A. or its subsidiaries to act in the management of resources, works and engineering services related to the development of projects, modernization, expansion, construction or renovation of the integrated and specialized network for serving women in situations of violence.

§ 1 Bidding is waived for the contract provided for in the main clause.

§ 2 The resources intended for the execution of the activities provided for in the main clause shall be deposited, applied and moved in Banco do Brasil S.A. or in an institution that is part of the financial conglomerate it leads.

§ 3 To achieve the objectives set out in the main clause, Banco do Brasil S.A., or its subsidiaries, shall carry out bidding procedures, in its own name or on behalf of third parties, to acquire goods and contract works, engineering services and any other specialized technical services, except for cases provided for by law.

§ 4 For the purposes set out in § 3, Banco do Brasil S.A. or its subsidiaries may use the Differentiated Public Procurement Regime (RDC), established by Law No. 12,462 of August 4 2011.

§ 5 For the contract provided for in the main clause, Banco do Brasil S.A. or its subsidiaries shall follow the guidelines and criteria for remuneration and resource management defined in an act of the Secretariat of Policies for Women of the Presidency of the Republic (SPM/PR).

Art. 19. (VETOED).

Art. 20. Item I of § 4 of article 2 of Law No. 11,508 of July 20 2007 shall now read as follows:

“Art. 2 ........................................................................
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§ 4 .................................................................................
I – if, within a period of 48 (forty‑eight) months counted from its publication, the ZPE administrator has not effectively started the implementation works, in accordance with the schedule provided in the creation proposal;”

Art. 21. The period of 48 (forty‑eight) months provided in item I of § 4 of article 2 of Law No. 11,508 of July 20 2007, as amended by this Law, applies to Export Processing Zones (ZPE) created from July 23 2007, provided that their extinction has not been declared before the publication of this Law.

Art. 22. Article 10 of Law No. 9,503 of September 23 1997 shall now read as follows:

“Art. 10 The National Traffic Council (Contran), headquartered in the Federal District and chaired by the head of the Union’s highest executive traffic authority, shall have the following composition:

…
XXIV – 1 (one) representative of the Ministry of Development, Industry and Foreign Trade; XXV – 1 (one) representative of the National Land Transport Agency (ANTT).”

Art. 23. Without prejudice to the provisions of Law No. 12,682 of July 9 2012, in operations and transactions carried out in the national financial system, including through instruments regulated by specific law, the digitized document shall have the same legal value as the document from which it originated, subject to the rules of the National Monetary Council.

Sole Paragraph. The rules mentioned in the main clause shall provide for the set of procedures and technical operations concerning the production, classification, processing, use, evaluation, archiving, reproduction and access to the digitized document and to the document from which it originated, observing the provisions of articles 7 to 10 of Law No. 8,159 of January 8 1991, when dealing with public documents.

§ 1 The rules mentioned in the main clause shall provide for the set of procedures and technical operations concerning the production, classification, processing, use, evaluation, archiving, reproduction and access to the digitized document and to the document from which it originated, observed the provisions of articles 7 to 10 of Law No. 8,159 of January 8 1991, when dealing with public documents.

§ 2 The National Monetary Council may also regulate the procedure for the disposal of the physical originals of digitized documents stored electronically, pursuant to § 1.

§ 1 The rules of the main clause of this article shall provide for the set of procedures and technical operations concerning the production, classification, processing, use, evaluation, archiving and reproduction of the digitized document, as well as its access, observed the provisions of articles 7, 8, 9 and 10 of Law No. 8,159 of January 8 1991, when dealing with public documents.

§ 2 The document that, observed the rules of the National Monetary Council, originated the digitized and electronically stored document may be discarded, except for documents for which a specific law requires the preservation of the original document for the exercise of a right.

Art. 24. Decree No. 70,235 of March 6 1972 shall now read with the following amendments:

“Art. 2 ......................................................................
Sole Paragraph. Acts and procedural terms may be formalized, processed, communicated and transmitted in digital format, as disciplined in an act of the tax administration.”

“Art. 64‑A The documents that instruct the process may be subject to digitization, observed the provisions of articles 1 and 3 of Law No. 12,682 of July 9 2012.”

“Art. 64‑B In the electronic process, the acts, documents and terms that instruct it may be digital natives or produced by digitization, observed the provisions of Provisional Measure No. 2,200‑2 of August 24 2001.

§ 1 The acts, terms and documents submitted to digitization by the tax administration and stored electronically have the same probative value as their originals.

§ 2 The files of electronic processes, or part of them, that must be sent to bodies or entities that do not have a compatible storage and processing system may be forwarded in printed paper form or digitally, as disciplined in an act of the tax administration.”

Art. 25. Article 65 of Law No. 9,069 of June 29 1995 shall now read with the following amendments (repealed by Law No. 14,286 of 2021) (Effective):

“Art. 65 Entry into and exit from the Country of national and foreign currency must be carried out exclusively through an institution authorized to operate in the foreign exchange market, which is responsible for the precise identification of the client or beneficiary.

…
§ 2 The Central Bank of Brazil, according to guidelines of the National Monetary Council, shall regulate the provisions of this article, including the form, limits and conditions for entry into and exit from the Country of national and foreign currency.”

Art. 26. Article 7 of Law No. 10,865 of April 30 2004 shall now read with the following wording:

“Art. 7 ........................................................................
I – the customs value, in the hypothesis of item I of the main clause of article 3 of this Law; or … ”

Art. 27. Law No. 12,587 of January 3 2012 shall now read with the following amendments:

“Art. 12

. Public utility services of individual passenger transport shall be organized, regulated and supervised by the municipal public authority, based on minimum requirements of safety, comfort, hygiene, service quality and prior determination of the maximum fare values to be charged. (NR)

"Art. 12-A. The right to exploit taxi services may be granted to any interested party that satisfies the requirements imposed by the local public authority.

§ 1º Transfer of the concession to third parties that meet the requirements established in municipal legislation is permitted.

§ 2º In the event of the death of the concession holder, the right to exploit the service shall be transferred to his legitimate successors, pursuant to arts. 1.829 and following of Title II of Book V of the Special Part of Law No. 10.406, of January 10, 2002 (Civil Code).

§ 3º The transfers referred to in §§ 1º and 2º shall occur for the term of the concession and are conditioned on prior municipal public authority approval and compliance with the requirements set for the concession."

Art. 28. (VETOED).

Art. 29. The incidence of the Contribution to PIS/Pasep and Cofins on revenues derived from the sale of soy classified in position 12.01 and of products classified under codes 1208.10.00 and 2304.00 of the Tax on Industrialized Products Incidence Table (TIPI), approved by Decree No. 7.660, of December 23, 2011, is suspended.

Art. 29. The incidence of the Contribution to PIS/Pasep and Cofins on revenues derived from the sale of soy classified in position 12.01 and of products classified under codes 1208.10.00, 2302.10.00, 2303.30.00 and 2304.00 of the Tax on Industrialized Products Incidence Table (TIPI), approved by Decree No. 11.158, of July 29, 2022. (Amended by Law No. 14,943, of 2024)

(Vide Complementary Law No. 214, of 2025) Production of effects

Art. 30. From the date of publication of this Law, the provisions of arts. 8º and 9º of Law No. 10.925, of July 23, 2004, no longer apply to products classified under codes 12.01, 1208.10.00, 2304.00 and 2309.10.00 of TIPI. (Vide Complementary Law No. 214, of 2025) Production of effects

Art. 31. A legal entity subject to the non‑cumulative calculation regime of the Contribution to PIS/Pasep and Cofins may deduct from the contributions due each calculation period a presumptive credit calculated on revenue from the internal market sale or export of products classified under codes 1208.10.00, 15.07, 1515.2, 1517.10.00, 2302.10.00, 2303.30.00, 2304.00, 2309.10.00 and 3826.00.00 and of soy lecithin classified under code 2923.20.00, all of TIPI. (Amended by Law No. 14,943, of 2024)

(Vide Complementary Law No. 214, of 2025) Production of effects

§ 1º The presumptive credit referred to in the caput may be used even when the revenue from the sale of the mentioned products is exempt from the Contribution to PIS/Pasep and Cofins.

§ 2º The amount of the presumptive credit of the Contribution to PIS/Pasep and Cofins referred to in the caput shall be determined, respectively, by applying to the revenue mentioned in the caput the percentage rates provided in art. 2º of Law No. 10.637, of December 30, 2002, and art. 2º of Law No. 10.833, of December 29, 2003, corresponding to:

I – 27% (twenty‑seven percent), in the case of commercialization of soy oil classified under code 15.07 of TIPI;

II – 27% (twenty‑seven percent), in the case of commercialization of products classified under codes 1208.10.00 and 2304.00 of TIPI;

III – 10% (ten percent), in the case of commercialization of margarine classified under code 1517.10.00 of TIPI;

IV – 5% (five percent), in the case of commercialization of feeds classified under code 2309.10.00 of TIPI;

V – 45% (forty‑five percent), in the case of commercialization of biodiesel classified under code 3826.00.00 of TIPI;

VI – 13% (thirteen percent), in the case of commercialization of soy lecithin classified under code 2923.20.00 of TIPI.

§ 3º The legal entity shall subtract from the amount of the presumptive credit of the Contribution to PIS/Pasep and Cofins calculated pursuant to § 2º the amount corresponding to:

I – the application of the percentage rate provided in item I of § 2º to the acquisition value of soy oil classified under code 15.07 of TIPI used as input in the production of:

a) soy oil classified under code 1507.90.1 of TIPI;

b) margarine classified under code 1517.10.00 of TIPI;

c) biodiesel classified under code 3826.00.00 of TIPI;

d) soy lecithin classified under code 2923.20.00 of TIPI;

II – the application of the percentage rate provided in item II of § 2º to the acquisition value of products classified under codes 1208.10.00 and 2304.00 of TIPI used as input in the production of feeds classified under code 2309.10.00 of TIPI.

§ 4º The provision in § 3º applies only to inputs purchased from a legal entity.

§ 5º Unused presumptive credit in a given month may be used in subsequent months.

§ 6º The legal entity that, by the end of each calendar quarter, fails to utilize the presumptive credit referred to in this article in the manner provided in the caput may:

(Revoked by Provisional Measure No. 1,227, of 2024) (See Declaratory Act No. 36, of 2024) Effect terminated

I – offset it against its own overdue or future tax liabilities administered by the Federal Revenue Secretariat of Brazil, observing the specific legislation applicable to the matter; or

II – request reimbursement in cash, observing the specific legislation applicable to the matter.

(Revoked by Provisional Measure No. 1,227, of 2024) (See Declaratory Act No. 36, of 2024) Effect terminated

§ 7º The provision of this article applies exclusively to the legal entity that industrializes the products mentioned in the caput, not being applicable to:

I – operations consisting merely of resale of goods;

II – commercial exporting companies.

§ 8º For the purposes of this article, export is considered the direct sale abroad or to a commercial exporting company with the specific purpose of export.

Art. 32. The presumptive credits referred to in art. 31 shall be calculated and recorded separately from the credits provided for in art. 3º of Law No. 10.637, of December 30, 2002, in art. 3º of Law No. 10.833, of December 29, 2003, and in art. 15 of Law No. 10.865, of April 30, 2004, and may be reimbursed in accordance with a specific procedure established by the Federal Revenue Secretariat of Brazil.

(Revoked by Provisional Measure No. 1,227, of 2024) (See Declaratory Act No. 36, of 2024) Effect terminated

(Vide Complementary Law No. 214, of 2025) Production of effects

Sole paragraph. The specific reimbursement procedure referred to in the caput shall apply only to presumptive credits calculated by the legal entity in relation to commercial operations supported by an invoice exclusively referring to products whose internal market sale or export is covered by the presumptive credit of art. 31.

(Revoked by Provisional Measure No. 1,227, of 2024) (See Declaratory Act No. 36, of 2024) Effect terminated

Art. 33. Art. 8º of Law No. 10.925, of July 23, 2004, shall now read as follows:

"Art. 8º ........................................................................

§ 1º ........................................................................

I – cerealist who cumulatively performs the activities of cleaning, standardizing, storing and marketing in‑nature vegetal products classified under codes 09.01, 10.01 to 10.08, except those of codes 1006.20 and 1006.30, and 18.01, all of the Mercosur Common Nomenclature (NCM);

.........................................................................................

§ 10. For the purpose of interpreting item I of § 3º, the right to credit at the 60% (sixty percent) rate covers all inputs used in the products referred to therein." (NR)

Art. 34. Arts. 54 and 55 of Law No. 12.350, of December 20, 2010, shall now read as follows:

"Art. 54. ......................................................................

I – inputs of vegetal origin classified in positions 10.01 to 10.08, except those of codes 1006.20 and 1006.30, and in position 23.06 of the Mercosur Common Nomenclature (NCM), when sold by a legal entity, including cooperatives;

..................................................................................."

"Art. 55. ......................................................................

I – the value of goods classified in positions 10.01 to 10.08, except those of codes 1006.20 and 1006.30, and in position 23.06 of NCM, acquired from a natural person or received from a cooperative natural person;

..................................................................................." (NR)

Art. 35. (VETOED).

Art. 36. (VETOED).

Art. 37. (VETOED).

Art. 38. All obligations, including those prior to the date of publication of this Law, imposed on natural or legal persons of private law based on items “a” and “c” of the caput of art. 36 of Law No. 4.870, of December 1, 1965, are extinguished, preserving those already fulfilled.

Art. 39. Debts owed to the National Treasury relating to the Contribution to the Social Integration Program (PIS) and the Contribution to Social Security Financing (Cofins), as provided in Chapter I of Law No. 9.718, of November 27, 1998, due by financial institutions and insurance companies, that matured up to December 31, 2012, may be:

Art. 39. Debts owed to the National Treasury relating to the Contribution to the Social Integration Program – PIS and the Contribution to Social Security Financing – Cofins, as provided in Chapter I of Law No. 9.718, of November 27, 1998, due by financial institutions and equivalent entities, that matured up to December 31, 2013, may be:

(Redacted by Law No. 12.973, of 2014)

I – paid in cash with a 100% (one hundred percent) reduction of late and official fines, an 80% (eighty percent) reduction of isolated fines, a 45% (forty‑five percent) reduction of default interest and a 100% (one hundred percent) reduction of the legal charge amount; or

I – paid in cash with a 100% reduction of late and official fines, a 100% reduction of isolated fines, a 100% reduction of default interest and a 100% reduction of the legal charge amount; or

(Redacted by Provisional Measure No. 627, of 2013)

I – paid in cash with a 100% (one hundred percent) reduction of late and official fines, a 100% reduction of isolated fines, a 100% reduction of default interest and a 100% reduction of the legal charge amount; or

(Redacted by Law No. 12.973, of 2014)

II – installments of up to 60 (sixty) payments, with 20% (twenty percent) down‑payment and the remainder in monthly installments, with an 80% (eighty percent) reduction of late and official fines, an 80% reduction of isolated fines, a 40% (forty percent) reduction of default interest and a 100% reduction of the legal charge amount.

§ 1º The debts subject to judicial discussion regarding the exclusion of ICMS from the PIS and Cofins calculation base may be paid or installment‑paid by legal entities under the same terms and conditions established in this article.

§ 2º This provision applies to all debts, whether or not they have suspended enforceability, whether or not they are registered in the Union's Active Debt, even if already in fiscal execution or previously partially settled installment plans, even if excluded due to non‑payment.

§ 3º To benefit from the advantages provided in this article, the legal entity must demonstrate an express and irrevocable withdrawal of all judicial actions concerning the taxes mentioned in the caput and must renounce any claim of right on which those actions are based.

§ 3º To benefit from the advantages provided in this article, the legal entity must demonstrate an express and irrevocable withdrawal of the judicial actions concerning the debts to be paid or installment‑paid under this article and renounce any claim of right on which those actions are based.

(Redacted by Provisional Measure No. 627, of 2013)

§ 4º The taxable person who has a pending judicial action requesting the reinstatement of his option or its reinclusion in other installment plans, in order to be entitled to include the debts covered by those installment plans in the installment plan provided for in this article, must withdraw the respective judicial action and renounce any claim of right on which the action is based, filing a request for termination of the process with merit resolution, pursuant to item V of the caput of art. 269 of Law No. 5.869, of January 11, 1973 (Civil Procedure Code), by the final deadline for joining the installment plan.

§ 4º The withdrawal referred to in § 3º may be partial, provided that the debt subject to withdrawal can be distinguished from the other debts discussed in the judicial action or administrative process.

(Redacted by Law No. 12.973, of 2014)

§ 5º Existing deposits linked to the debts to be paid or installment‑paid under this article shall be automatically converted into definitive payment, applying the reductions provided in the caput to the remaining balance to be paid or installment‑paid.

§ 6º The reductions provided in the caput shall not be cumulative with any other reductions admitted by law.

§ 7º In the event of a prior reduction of fines or interest at percentages different from those established in the caput, the percentages set forth in the caput shall prevail, applied to the original amount of the fines or interest.

§ 8º While the debt is not consolidated, the taxpayer must calculate and pay monthly an amount equivalent to the debt subject to the installment plan divided by the number of intended installments.

§ 9º The request for payment or installment must be made by November 29, 2013 and shall not depend on the presentation of a guarantee, maintaining those arising from debts transferred from other installment modalities or fiscal execution.

§ 9º The request for payment or installment must be made by the last day of the second month following the publication of the Law resulting from the conversion of Provisional Measure No. 627, of November 11, 2013, and shall not depend on the presentation of a guarantee, maintaining those arising from debts transferred from other installment modalities or fiscal execution.

(Redacted by Law No. 12.973, of 2014)

§ 10. Failure to pay will immediately terminate the installment plan, canceling the granted benefits, in case of:

I – three (3) consecutive or non‑consecutive installments unpaid; or

II – up to two (2) installments unpaid, provided all other installments are paid or the last installment is overdue.

§ 11. A partially paid installment is considered delinquent.

§ 12. Upon termination of the installment plan:

I – the original debt amount shall be recalculated, reinstating legal additions according to the legislation applicable at the time of the generating events;

II – the amounts paid shall be deducted from the amount referred to in item I.

§ 13. The provisions of the caput and §§ 2º and 3º of art. 11, art. 12, the caput of art. 13 and item IX of art. 14 of Law No. 10.522, of July 19, 2002, apply to the installment plan provided for in this article.

§ 14. The following do not apply to the installment plan provided for in this article:

I – § 1º of art. 3º of Law No. 9.964, of April 10, 2000; and

II – § 10 of art. 1º of Law No. 10.684, of May 30, 2003.

§ 15. The Federal Revenue Secretariat of Brazil and the Attorney‑General of the National Treasury, within their competencies, shall issue the necessary acts for the execution of the installment plan provided for in this article.

§ 16. The portion equivalent to the reduction of fines, interest and legal charge resulting from this article shall not be included in the calculation base of Income Tax, Social Contribution on Net Profit, Contribution to PIS/PASEP and Contribution to Social Security Financing – COFINS.

(Included by Provisional Measure No. 627, of 2013)

§ 16. The portion equivalent to the reduction of fines, interest and legal charge resulting from this article shall not be included in the calculation base of Income Tax, Social Contribution on Net Profit – CSLL, Contribution to PIS/Pasep and Contribution to Social Security Financing – Cofins.

(Redacted by Law No. 12.973, of 2014)

Art. 40. Debts owed to the National Treasury, relating to Corporate Income Tax (IRPJ) and the Social Contribution on Net Profit (CSLL), arising from the application of art. 74 of Provisional Measure No. 2.158‑35, of August 24, 2001, that matured up to December 31, 2012, may be:

Art. 40. Debts owed to the National Treasury, relating to Corporate Income Tax – IRPJ and the Social Contribution on Net Profit – CSLL, arising from the application of art. 74 of Provisional Measure No. 2.158‑35, of August 24, 2001, relating to taxable events that occurred up to December 31, 2012, may be: (Redacted by Provisional Measure No. 627, of 2013)

Art. 40. Debts owed to the National Treasury, relating to Corporate Income Tax – IRPJ and the Social Contribution on Net Profit – CSLL, arising from the application of art. 74 of Provisional Measure No. 2.158‑35, of August 24, 2001, relating to taxable events that occurred up to December 31, 2013, may be:

(Vide)

I – paid in cash, with a 100% (one hundred percent) reduction of late and official fines, isolated fines, default interest and the legal charge amount; or

II – installments of up to 120 (one hundred twenty) payments, with 20% (twenty percent) down‑payment and the remainder in monthly installments, with an 80% (eighty percent) reduction of late and official fines, an 80% reduction of isolated fines, a 40% (forty percent) reduction of default interest and a 100% reduction of the legal charge amount.

II – installments of up to one hundred and eighty (180) payments, with twenty percent down‑payment and the remainder in monthly installments, with an 80% reduction of late and official fines, an 80% reduction of isolated fines, a 50% reduction of default interest and a 100% reduction of the legal charge amount.

(Redacted by Provisional Measure No. 627, of 2013)

II – installments of up to 180 (one hundred eighty) payments, with 20% (twenty percent) down‑payment and the remainder in monthly installments, with an 80% reduction of late and official fines, an 80% reduction of isolated fines, a 50% reduction of default interest and a 100% reduction of the legal charge amount.

(Redacted by Law No. 12.973, of 2014)

§ 1º This provision applies to all debts, whether or not they have suspended enforceability, whether or not they are registered in the Union's Active Debt, even if already in fiscal execution or previously partially settled installment plans, even if excluded due to non‑payment.

§ 2º To include in the installment plan of this article debts that are under suspended enforceability under the hypotheses provided in items III to V of art. 151 of Law No. 5.172, of October 25, 1966 (National Tax Code), the taxable person must expressly and irrevocably withdraw, in whole or in part, the objection or appeal filed, or the judicial action proposed, and, cumulatively, renounce any claim of right on which those administrative processes and judicial actions are based.

§ 3º The taxable person who has a pending judicial action requesting the reinstatement of his option or its reinclusion in other installment plans, in order to be entitled to include the debts covered by those installment plans in the installment plan provided for in this article, must withdraw the respective judicial action and renounce any claim of right on which the action is based, filing a request for termination of the process with merit resolution, pursuant to item V of the caput of art. 269 of Law No. 5.869, of January 11, 1973 (Civil Procedure Code), by the final deadline for joining the installment plan.

§ 4º Existing deposits linked to the debts to be paid or installment‑paid under this article shall be automatically converted into definitive payment, applying the reductions provided in the caput to the remaining balance to be paid or installment‑paid.

§ 5º The reductions provided in the caput shall not be cumulative with any other reductions admitted by law.

§ 6º In the event of a prior reduction of fines or interest at percentages different from those established in the caput, the percentages set forth therein shall prevail, applied to the original amount of the fines or interest.

§ 7 The taxpayers who opt for payment or installment of the debts under this article may settle the amounts corresponding to fines, penalties or isolated assessments, and moratory interest, including those related to debts registered in active debt, by using fiscal loss credits and negative calculation bases of the Social Contribution on Net Profit (CSLL) of their own and of companies domiciled in Brazil, controlled by them on December 31 2011, provided they remain under their control until the date of the option for payment or installment.

§ 7

The amounts corresponding to fines, penalties or isolated assessments, moratory interest and up to thirty percent of the principal tax amount, including those related to debts registered in active debt, and the remainder to be paid in monthly installments referred to in item II of the caput, may be settled by using fiscal loss credits and negative calculation bases of the Social Contribution on Net Profit (CSLL) of their own and of controlling and controlled companies on December 31 2011, domiciled in Brazil, provided they remain in this condition until the date of the option for installment.

(Text given by Provisional Measure No. 627, of 2013)

§ 7 The amounts corresponding to fines, penalties or isolated assessments, moratory interest and up to 30 % (thirty percent) of the principal tax amount, including those related to debts registered in active debt, and the remainder to be paid in monthly installments referred to in item II of the caput, may be settled by using fiscal loss credits and negative calculation bases of the Social Contribution on Net Profit (CSLL) of their own and of controlling and controlled companies on December 31 2011, domiciled in Brazil, provided they remain in this condition until the date of the option for installment.

(Text given by Law No. 12,973, of 2014)

§ 7 The amounts corresponding to fines, penalties or isolated assessments, moratory interest and up to 30 % (thirty percent) of the principal tax amount, including those related to debts registered in active debt, and the remainder to be paid in monthly installments referred to in item II of the caput, may be settled by using fiscal loss credits and negative calculation bases of the Social Contribution on Net Profit (CSLL) of their own and of controlled or affiliated companies, in addition to those mentioned in item II of § 8 of this article, on December 31 2011, domiciled in Brazil, provided they remain in this condition until the date of the option for installment.

(Text given by Law No. 12,995, of 2014)

§ 8 In the hypothesis provided for in § 7:

I – the amount to be used shall be determined by applying, over the amount of fiscal loss and the negative calculation base, the rates of 25 % (twenty‑five percent) and 9 % (nine percent), respectively;

II – only the use of fiscal loss and negative calculation base of the Social Contribution on Net Profit (CSLL) incurred by the controlled companies up to December 31 2011 shall be admitted.

II – only the use of fiscal loss and negative calculation base of the Social Contribution on Net Profit (CSLL) of own or incurred by the controlling and controlled societies up to December 31 2012 shall be admitted; and

(Text given by Provisional Measure No. 627, of 2013)

II – only the use of fiscal loss and negative calculation base of the Social Contribution on Net Profit – CSLL of own or incurred by the controlling and controlled societies and by societies that are under common direct and indirect control up to December 31 2012 shall be admitted; and

(Text given by Law No. 12,973, of 2014)

III – the concept provided for in § 2 of art. 243 of Law No. 6,404, of December 15 1976, shall apply to the controlling and controlled societies for the purpose of utilizing fiscal loss credits and negative calculation bases of the Social Contribution on Net Profit.

(Included by Provisional Measure No. 627, of 2013)

III – the concept provided for in § 2 of art. 243 of Law No. 6,404, of December 15 1976, shall apply to the controlling and controlled societies for the purpose of utilizing fiscal loss credits and negative calculation bases of the Social Contribution on Net Profit.

(Text given by Law No. 12,973, of 2014)

§ 9 The debt subject to installment shall be consolidated on the date of its request and shall be divided by the number of installments indicated by the taxpayer, with no installment being lower than R$ 300,000.00 (three hundred thousand reais).

§ 10 While the debt is not consolidated, the taxpayer must calculate and pay monthly an installment equivalent to the amount of the debts subject to installment divided by the number of intended installments, observing the provisions of § 9.

§ 11 The installment requests must be made by November 29 2013 and shall not depend on the presentation of guarantee, maintaining those arising from debts transferred from other installment modalities or fiscal execution.

§ 11 The request for payment or installment shall be made by the last day of the second month following the publication of the Law resulting from the conversion of Provisional Measure No. 627, of November 11 2013, and shall not depend on the presentation of guarantee, maintaining those arising from debts transferred from other installment modalities or fiscal execution.

(Text given by Law No. 12,973, of 2014)

§ 12 It shall immediately terminate the installment plan, with cancellation of the granted benefits, the lack of payment of:

I – three (3) installments, consecutive or not; or

II – up to two (2) installments, with all the others paid or with the last installment of the plan overdue.

§ 13 A partially paid installment is considered delinquent.

§ 14 When the installment plan is terminated:

I – the original amount of the debt shall be recalculated, reinstating the legal surcharges in the manner provided by the legislation applicable at the time of the occurrence of the respective taxable events;

II – the amounts referred to in item I shall be reduced by the installments already paid.

§ 15 The provisions of the caput and §§ 2 and 3 of art. 11, art. 12, the caput of art. 13, and items V and IX of art. 14 of Law No. 10,522, of July 19 2002, apply to the installment plan covered by this article.

§ 15 The provisions of the caput and §§ 2 and 3 of art. 11, art. 12, the caput of art. 13, items V and IX of the caput of art. 14 of Law No. 10,522, of July 19 2002, and the sole paragraph of art. 4 of Law No. 11,941, of May 27 2009, apply to the installment plan covered by this article.

(Text given by Provisional Measure No. 627, of 2013)

§ 15 The provisions of the caput and §§ 2 and 3 of art. 11, art. 12, the caput of art. 13, items V and IX of the caput of art. 14 of Law No. 10,522, of July 19 2002, and the sole paragraph of art. 4 of Law No. 11,941, of May 27 2009, apply to the installment plan covered by this article.

(Text given by Law No. 12,973, of 2014)

§ 16 The following do not apply to the installment plan covered by this article:

I – § 1 of art. 3 of Law No. 9,964, of April 10 2000; and

II – § 10 of art. 1 of Law No. 10,684, of May 30 2003.

§ 17 The Federal Revenue Secretariat of Brazil and the Attorney‑General’s Office of the National Treasury, within the scope of their competencies, shall issue the acts necessary for the execution of the installment plan covered by this article.

Art. 41 The § 1 of art. 37 of Law No. 11,196, of November 21 2005, shall come into force with the following wording:

“Art. 37. ........................................................................

§ 1 The provision in the caput of this article applies only to new assets acquired or constructed intended for projects whose concession, permission or authorization has been granted from the date of publication of this Law until December 31 2018.

...................................................................................” (NR)

Art. 42 The following are revoked:

I – §§ 4 and 5 of art. 7 of Law No. 10,865, of April 30 2004;

II – item II of § 3 of art. 8 of Law No. 10,925, of July 23 2004;

III – art. 47 of Law No. 12,546, of December 14 2011;

IV – art. 36 of Law No. 4,870, of December 1 1965.

Art. 43 This Law shall enter into force:

I – on the first day of the fourth month following its publication, with respect to the provisions of art. 34 of this Law;

II – on the date of its publication, for the remaining provisions.

Brasília, October 9 2013; 192nd of Independence and 125th of the Republic.

DILMA ROUSSEFF

José Eduardo Cardozo

Guido Mantega

Antônio Andrade

Alexandre Rocha Santos Padilha

Fernando Damata Pimentel

Edison Lobão

Paulo Bernardo Silva

Luís Inácio Lucena Adams

Alexandre Antonio Tombini

This text does not replace the one published in the Official Gazette on October 10 2013.