PROVISIONAL MEASURE # 16, OF December 27, 2001.
Changes federal tax legislation and gives other arrangements.
THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers you the art. 62 of the Constitution, adopts the following Interim Measure, with force of law:
Art. 1the In relation to the stock of existing shares on December 31, 2001, it is made available to the physical person and legal person exempt or subject to the taxation regime of which it treats Law no 9,317 of December 5, 1996, payment of the income tax incident on net gains in operations carried out on the stock exchange spot market, without divestment of the stock, at the aliquot of ten percent.
§ 1o The tax of which treats this article:
I-will have as the basis of calculation the positive difference between the weighted average price of the stock verified on the São Paulo Stock Exchange, in the month of December 2001, or the previous month closest, should there have been no business with the stock that month, and their average cost of acquisition ;
II-shall be paid by the taxpayer definitively, without any entitlement to any refund or compensation, until January 31, 2002 ;
III-will cover the totality of shares of a same company, belonging to the optant, by species and class.
§ 2o The weighted average price of which treats § 1o:
I-will constitute the new acquisition cost, for the purpose of ascertaining the tax when the actual disposal of the action ;
II-will be disclosed through relation edited by the Office of the Federal Revenue Office.
Art. 2o The willing on art. 1the applies also in the case of market-traded shares in organized counter market, held by entity whose social object is analogous to that of stock exchanges and which works under the supervision and supervision of the Securities Commission Securities.
Single Paragraph. The Office of the Federal Revenue Office will also disclose relationship containing the prices of the negotiated shares in the entity that it treats this article, which will be assessed by the same criterion provided for in the inciso I of § 1the of the art. 1o.
Art. 3o The existing applications on December 31, 2001 in the investment funds of which it treats § 6the of art. 28 of Law no 9,532 of December 10, 1997, with the amendments introduced by the arts. 1o and 2o of Provisional Measure no 2.189-49, of August 23, 2001, will have the respective appropriate yields pro rata tempore up to that date.
§ 1o In the rescue of quotas regarding applications for which this article is concerned will be observed the following procedures:
I-if the acquisition value, increased from the appropriate yields by December 31, 2001, is lower than the ransom value, the income tax due will be the result of the sum of the parcels corresponding to ten percent of the appropriate income up to that date and the twenty percent of the appropriate yields between 1the January 2002 and the date of the bailout ;
II-if the acquisition value, plus the appropriate yields by December 31, 2001, is higher than the ransom value, the basis of tax calculation will be the positive difference between the ransom value and the acquisition value, being applied aliquot of ten per cent.
§ 2o The provisions of this article also apply to investment clubs that maintain in their minimum sixty-seven per cent share of traded shares in the stock exchange or stock market view. entity referred to in art. 2o.
Art. 4o Regarding the closed entities of supplementary pension providers opting for special taxation arrangements, they shall not be considered, for purposes of determining the limit of the income tax to be paid, the contributions extraordinary of the legal person, relating to the cost of deficit of past services, as per the regulation.
Art. 5o The closed entities of supplementary pension stay exempt from Social Contribution on Net Profit (CSLL), regarding the generator facts occurring from 1
° January 2002.
Art. 6o The losses ascertained in the rescue of investment fund shares may be compensated with income earned in bailouts or later incidences, in the same or other investment fund administered by the same legal person, provided that subject to the same aliquot of the income tax, observed the procedures defined by the Office of the Federal Revenue Office.
Art. 7o The taxable person who leaves from submitting Statement of Economic Information-Legal Person (DIPJ), Declaration of Decade and Federal Tax Credits (DCTF), Simplified Declaration of the Legal Person and Statement of Income Tax Withheld in the Source (Dirf), within the prescribed time limits, or to submit them with incorrections or omissions, will be subpoenaed to submit original declaration, in the case of non-submission, or to provide clarification, in the other cases, within the time limit stipulated by the Registry of the Federal Revenue Office, and will subject to the following fines:
I-from two per cent to month-calendar or fraction, incident on the amount of the income tax of the legal person informed in the DIPJ, yet fully paid, in the event of a lack of delivery of this Declaration or delivery after the deadline, limited to twenty per cent, observed the provisions of § 3
II-of two per cent to month-calendar or fraction, incident on the amount of tributes and informed contributions in DCTF, in the Simplified Declaration of the Legal Person or Dirf, yet fully paid, in the event of a lack of delivery of these Declarations or delivery after the deadline, limited to twenty per cent, observed the provisions of § 3
III-of R$ 20.00 (twenty reais) for each group of ten incorrect or omitted information.
For the purpose of applying the fines provided for in the incisos I and II of the caput, it shall be considered to be an initial term the day after the expiry of the originally fixed term for the delivery of the declaration and as a final term to date of the effective delivery or, in the case of non-presentation, of the dishwasher of the infraction self.
Observed the provisions of § 3 °, fines will be reduced:
I-at half, when the declaration is submitted after the deadline, but before any procedure of trade ;
II-the seventy and five per cent, if there is the submission of the declaration within the deadline set in subpoena.
The minimum fine to apply will be:
I-R$ 200.00 (real two hundred), dealing with physical person, inactive legal person and legal person opting for the taxation regime provided for in Law n
° 9,317 of 1996 ;
II-R$ 500.00 (real five hundred), in the other cases.
It shall be deemed not to deliver the declaration that does not meet the technical specifications established by the Office Revenue Federal Revenue.
In the hypothesis of § 4 , the taxable person will be subpoenaed to submit new declaration, within ten days, counted from the science to the subpoena, and will subject to the fine provided in the inciso I of the caput, observed the willing in § § 1 th to 3 .
Art. 8o The servants of Justice shall inform the annotated, averaged, washable real estate operations, enrolled or registered in the Notes or Registration of Real Estate, Securities and Documents under their responsibility, upon a submission of Declaration on Imobiliary Operations (DOI), in magnetic medium, in the terms established by the Office of the Federal Revenue Office.
Each real estate operation will correspond to a DOI, which is to be submitted until the last working day of the month subsequent to that of the annotation, averaging, washbasin, registration or registration of the respective operation, subjecting the responsible, in the case of a lack of presentation, or presentation of the declaration after the deadline, to the fine of 0.1% to the month-calendar or fraction, on the value of the operation, limited to one per cent, observed the provisions of the inciso III of the § 2o.
The fine that it treats § 1 °:
I-shall have as an initial term the day after the end of the term originally set for the delivery of the declaration and as a final term the date of the effective delivery or, in the case of non-presentation, of the dishwasher of the infraction self ;
II-will be reduced:
a) in half, should the declaration be submitted prior to any office of the trade ;
b) seventy and five per cent, should the declaration be submitted within the deadline set in subpoena ;
III-will be at least R$ 500.00 (real five hundred).
The responsible submitting DOI with incorrections or omissions will be subpoenaed to submit rectifying declaration, within the time set by the Office of the Federal Revenue Office, and shall submit to the fine of R$ 50.00 (fifty real) for inaccurate, incomplete or omitted information, which will be reduced by fifty per cent, should the rectifier be presented within the prescribed period.
Art. 9o Subject to the fines of which treat the incisos I and II of the art. 44 of Law n
° 9,430 of December 27, 1996, the paying source obliges to retain tribute or contribution, in the event of a lack of retention or pick-up, or pick-up after the deadline, without the addition of a fine moratorium, regardless of other administrative penalties or cableable criminal penalties.
Single Paragraph. The fines for this article will be calculated on the whole or difference of tribute or contribution that no longer be withheld or collected, or that is collected after the deadline.
Art. 10. This Provisional Measure comes into force on the date of its publication.
Brasilia, December 27, 2001 ; 180the of Independence and 113o of the Republic.
FERNANDO HENRIQUE CARDOSO
Amaury Guilherme Bier