Confederations Call for Postponement of New Business Rule

Business Standard under discussion, the recent request from confederations of the productive sector to the Ministry of Finance to postpone the implementation of a new rule for opening companies raises important questions.

This rule, which would come into effect on July 27, proposes that companies choose their tax regime at the time of registration.

This change contrasts with the current procedure, which allows a choice within 30 days after obtaining the CNPJ, enabling more robust strategic planning.

In this article, we will explore the impacts of this proposal on the business sector and the importance of the current deadline for choosing the tax regime.

Request for postponement of the new company opening rules

Confederations of the productive sector requested the Ministry of Finance the postponement of the implementation of a new rule related to the opening of companies.

The rule, which was due to come into effect on July 27th, would require companies to choose their tax regime at the time of registration.

Currently, this choice can be made within 30 days after obtaining the CNPJ, allowing for strategic tax planning.

“We are concerned about the immediate impact of this requirement,” said an industry representative, highlighting the importance of adequate time to adapt.

The confederations' central argument is that the new rule could increase bureaucracy, especially for micro and small businesses, making it difficult to start activities.

Furthermore, there is a fear of compromising the tax and strategic planning of companies, which currently benefit from flexibility in the deadline for choosing the tax regime.

For more information, visit the Ministry of Finance Portal.

Current deadline for choosing the tax regime

The term of 30 days to choose the tax regime after obtaining the CNPJ is a crucial element for the strategic planning of companies in Brazil.

This period allows entrepreneurs to carefully analyze which tax regime will maximize the tax efficiency of their operations.

By obtaining a CNPJ, companies can evaluate their financial projections more accurately and determine the most appropriate regime, be it Simples Nacional, Lucro Presumido or Lucro Real.

These decisions are fundamental to ensuring competitiveness in the market, minimizing the tax burden and optimizing cost management.

For example, a micro-enterprise that obtains the CNPJ on March 1st can plan and make an informed decision about your tax situation by March 31st.

This ensures that choices are aligned with the company’s business goals, avoiding hasty decisions that could negatively impact long-term profitability.

Change in choice of tax regime upon registration

The new rule requires companies to choose their tax regime at the time of registration, a significant change compared to the previous method, where this definition could be made within 30 days after obtaining the CNPJ.

This change can impact companies’ strategic planning, as it drastically reduces the time required to analyze the best tax options.

This change can bring significant difficulties for entrepreneurs, especially beginners, who do not yet have full knowledge about the different types of tax regimes, such as Simples Nacional, Presumed Profit and Real Profit.

This decision, now made earlier, may result in less informed choices and, possibly, unnecessary costs or tax losses.

With the tight deadline, the entrepreneur must be agile and, often, rely on specialized consultants to avoid mistakes.

Well advised, it is possible to mitigate the challenges; however, entrepreneurs may face uncertainties in the short term, especially in sectors with high variation in economic activity throughout the year, as occurs in seasonal industries.

Impact of change in companies' strategic planning

Reducing the deadline for choosing the tax regime when registering new companies can cause significant impacts on strategic planning.

Currently, companies can make this choice within 30 days after obtaining the CNPJ, allowing crucial time for detailed tax and strategic analyses.

Representatives of the production sector argue that the extended deadline facilitates the construction of robust planning, allowing companies to adjust according to their profit projections and organizational structure.

The additional time allows for consultation with experts, optimizing tax decisions.

However, the new rule imposes an advance decision, leading to:

• Risk of hasty choice, directly affecting profitability
• Financial startup destabilized
• Potential additional costs due to poorly planned decisions
• Difficulties in adapting in volatile economic contexts

According to the leader of the confederation, “the new deadline compromises the financial analysis”, highlighting the need for careful adjustments to avoid financial risks Read more about the impact of the new deadline here.

Furthermore, small businesses may suffer more with this change, since they have fewer resources for specialized consultations and rapid adaptation to new requirements.

Therefore, the preserving the current deadline is essential for a better informed decision, allowing companies to position themselves strategically in the market.

In conclusion, the request to postpone the new Business Standard highlights the need for adequate strategic planning for companies, reaffirming the relevance of the current deadline in choosing the tax regime.