Post updated on 05/04/2021 due to IN 2024/2021, which confirmed the values by ADDITION!
Importer: Understand how the recovery of amounts paid with the adequacy of the Siscomex rate and new table from 06/01/2021
It was signed on 04/14, by Min. Paulo Guedes, Ordinance 4131/2021, which REDUCE (to a certain extent) THE SISCOMEX FEE for IMPORTERS that register Import Declarations in Siscomex.
The cost for a DI with ONE ADDITION drops from: R$ 214.50 to R$ 154.23
The measure takes effect from 01/06/2021.
To understand better, you can watch the full Webinar on the subject or continue reading our post:
To bring a more legal view of the subject, we also invited the renowned Lawyer, Dr. Valter Tremarin Júnior, from Souto Correa Advogados, to talk about the changes in the Siscomex Tax and the right of importers to recovery.
The reason for the publication of the Ordinance:
The Doctor. Valter explains that, although it comes as a reduction, it can be said that it is a adequacy at the rate. It is a correction in the value of the Siscomex rate that was provided for in law 9,716, bringing this value until February 2021. In the end, it ends up reducing a Federal Government liability in relation to these rates values (adjusted “unduely”).
Those companies that already discuss the fee, through a lawsuit, for example, will be able to recover from the date of the lawsuit. For those who want to discuss the rate now, they will request the recovery of the last 5 years. It is important to know that, for those who did not file a lawsuit, the recovery will not take all the payments since 2011, it will only take the last 60 months from the moment the request is filed, the payments at the values in force (on this date) continue to be undue until May 31, 2021. That is, the company that files a lawsuit until May 31 will still be able to recover the amount unduly overpaid.
Only from June 1, 2021 will the new values be valid, without generating the right to judicial recovery, since the new values are within the constitutional limits defined by the STF.
How to seek this recovery?
It is best to seek advice from the legal department of each company and/or a trusted professional/office of the company to seek recovery, usually by judicial means.
What is in the judicial process in relation to DCOMP?
What usually happens is the need to wait for the final decision of the process, so that the company can qualify the credit and then ask for compensation.
The Doctor. Valter, along with a colleague, wrote an article on ways to recover these values. To download the material for free Click here.
How to calculate Siscomex fee reduction amounts?
If we register a DI today (before 06/01/21), with an addition, the amount of R$ 214, 50 reais will be charged, an amount that has been in the air for almost ten years. Before this amount, R$ 40 reais were charged. The adequate amount to have been updated in 2011 would be around R$ 92.64 reais (considering the INPC as an index, used in most decisions that have become final).
What WTM do Brasil observed providing services to more than 3000 companies is that the companies that were most successful were not the companies that asked for the full amount back (considering that no readjustment would be due). In other words, the most conservative would be that, instead of asking for R$ 174.50 as recovery, companies would request the recovery of R$ 121.86 reais. The older the DI, the higher the value, as there will be a correction according to the Selic for the period.
In a period of 60 months, considering that the company has a DI with an addition, it could recover R$ 8,221.30 reais.
To calculate the estimated values according to your company's DIs, chat with someone from the WTM team via WhatsApp.
And to do the data extraction to know the EXACT values to retrieve from Siscomex rate you can schedule an appointment with someone from our team.
How far does the reduction go and from what point does it represent an increase?
NOTE: In day 30/04/2021, the Federal Revenue published IN 2024/2021, which confirmed all values by adding DI as we had predicted in the table above, check the IN in the image below:
Get to know WTM Extract: system for monitoring and automatically downloading statements on Siscomex
A service for monitoring and automatic downloading of current and past Import and Export Declarations, for purposes of Compliance with Banks, Audits and Recovery of Taxes and Fees, provided by WTM do Brasil.
We are a specialized company in Foreign trade and in To understand and To meet specific needs of Importers, Exporters dispatchers, Lawyers banks, brokers, trading, Insurers and Accountants.
And how can this system help you?
WTM Extract automatically monitors declarations in SISCOMEX (Integrated Foreign Trade System) and if you import or export services from abroad, you must use or must use this Federal Government registration system. However, some doubts may arise.
See for what purposes the data recorded in the SISCOMEX are important:
- Management and Follow Up
- Transfer Price
- Tax Recovery
- Judicial actions
- DIRF, ECF, SPED
Who need to download and monitor data from the Siscomex?
- Logistics Operators
AND WHAT ARE THE DIFFICULTIES? who needs this data?
- Access and Power of Attorney
- Several different operators
- manual controls
- Sheets and more sheets
- Typing and rework
- inconsistent data
- little reliability
- Delay for withdrawals
- Risk of inaccurate calculations
Seems a little confusing doesn't it? What if there was a system where the representative or responsible cool could to connect your e-CPF and to go down 1, 2 or 5 years of statements in shortly and pass to to monitor the news registered statements?
And if the dispatchers, Lawyers and auditors could program the automatic download and monitoring of the declarations of their Customers at SISCOMEX?
this system exists!
With WTM Extract you have:
- Automatic declaration tracking
- Downloading information in various formats
- Downloading XML files and PDF Extracts
- Accurate and reliable data straight from the source
- Agility in long-term downtime
- Calculation and updating of values by SELIC
- Specialized support for every need
If you want to know a little more about this service, it will be a pleasure chat with you by our WhatsApp!