Source: O Serrano - Serra Negra / SP - 05/12/2010

The Secretariat of Finance of the State of São Paulo carried out a mega operation to combat fraud, evasion and default in the State. The São Paulo tax authorities, with the support of the Public Prosecutor's Office, the State Attorney General's Office, the Secretariat of Transport and the Military Highway Police, closed the siege on five fronts, in the so-called Operation Conformity: tax representations were made at the Public Ministry requesting criminal actions against tax evaders; steps at stations to identify suspected fuel adulteration; roadblocks for checking loads and collecting IPVA; carrying out extrajudicial protests on ICMS debts; and request for attachment of credit card receivables from companies with tax debts. About XNUMX tax agents participate in the actions across the state.

"We are taking concentrated actions to inhibit tax evasion, which is one of the most serious crimes, because it is a crime against the whole of society," said Finance Secretary Mauro Ricardo Costa. The secretary handed over this Wednesday to the Attorney General of Justice, Fernando Grella Vieira, 643 tax offices for criminal purposes, related to state tax debts that, together, total R $ 1,1 billion. The debts refer to processes of tax assessment and imposition of fines definitively judged related to tax evasion, over which there is no possibility of administrative appeal. The delivery was made at the Criminal Operational Support Center (CAO Crim) of the MP, in the capital. According to the attorney general, the action is very important. “The Public Prosecutor's Office will give all the attention and due process to the proceedings. We are aware of the importance and relevance of this act and that is why we have valued this partnership with the Secretariat of Finance ”, he said.

Criminal prosecutors across the state will examine the cases and, if they find evidence of intent or bad faith on the part of those involved in tax evasion practices, they will ask the court to open criminal proceedings against the accused. Of the 643 tax representations, 34 are related to the withholding of ICMS by fuel distributors, in operations subject to the tax substitution regime, and which failed to pass on to the Tax Authorities the amounts charged from the reseller stations, in the total amount of R $ 28,3, XNUMX millions. The largest debts are concentrated in the regions of the capital, Araraquara, ABC and Campinas.

On another front, Operation De Olho na Bomba closed two gas stations in the capital due to adulteration of gasoline. Another eight stations were visited by inspectors, who collected samples for analysis. If there is non-compliance, they can also be closed. Although Operation De Olho na Bomba is a routine action by the Finance Secretariat - more than 800 posts have been closed since its inception in 2005 - this Wednesday's action targeted posts that were already under suspicion by the tax authorities. In addition to income tax agents, there was the participation of the Procon Foundation.

This action gives continuity to another mega-operation of the Secretariat of Finance held in October, as part of the National Day to Combat Tax Evasion. The offensive was carried out on 166 targets in the capital and cities in the interior of the state. In all, 35 stations had their state registration canceled for the sale of adulterated fuels and lack of renewal of IE. Another 3 were sealed because they had already been assessed but operated irregularly.

On the third front of the mega-operation, tax agents from Rendas, military road policemen and agents from the Secretariat of Transportation mounted blockades at more than ten points located on São Paulo highways, with the purpose of identifying vehicles with expired licenses and those in default in relation to the IPVA. The operation used the newly installed OCR radars, which read plates and cross information from several databases, including the Finance Department. 618 vehicles were approached, of which 225 were apprehended. Of these, 74 had their IPVA overdue (total debts exceed R $ 100 thousand). Two stolen vehicles were recovered by highway police. The tax authorities also seized irregular goods in the amount of R $ 36,1 thousand.

Also as part of the mega-operation, the Attorney General's Office - PGE carried out, at the request of the Secretariat of Finance, the Active Debt Certificates - CDAs protest of 46 taxpayers related to ICMS debts, totaling R $ 37,7 million, in updated values. Most of the debts were generated by automotive and metallurgy industries, paper and packaging, food and sugar and alcohol plants. In the second half of December, it will be the turn of the CDAs referring to IPVA debts of 47 taxpayers who own high-value vehicles, totaling R $ 194,3 thousand. Eduardo Fagundes, Deputy Attorney of the State of the Tax-Litigation Area, praised the results of the operation: "Once we can work together, this effort multiplies and this is in line with the increase in revenue and the educational factor".

It is worth mentioning that the measure applied by PGE meets the guidance of the National Council of Justice, which defends the use of administrative collection, through the protest of active debt certificates, before filing tax enforcement actions, as a measure intended to relieve the Judiciary. With debts protested at notaries, debtors will be able to have their names posted on SPC and Serasa.

Also on Wednesday, pledges were filed by PGE with the Judiciary against 14 companies from São Paulo already with debts registered in the State's Active Debt. The Attorney General's Office is asking for the attachment of receivables from credit and debit card companies used by the clients of these companies. Thus, the Treasury may receive a part of the sales figures made with cards to cover the debts of these companies. So far, the Secretariat of Finance has used this mechanism to request the attachment in 33 actions. Of these, 16 have already been heard by the Court, which granted 14 requests. The two rejected requests are being appealed. With this action, the Finance Department and PGE expect to recover ICMS debts in the amount of R $ 238,6 million.