Electronic Invoice: increasing the risks of tax assessment

By ETCO
14/03/2008

Author: Tiziane Machado *

Source: Portal Fator Brasil, 14/03/2008

The internet has, in recent years, been the most efficient means of communication among companies that intend to make their assets circulate with the speed required to maximize their profits.

At the same time, with the same objective, that is, to maximize tax collection, the Union, States and Municipalities are gradually adopting the Electronic Invoice, which clearly has the following purposes:


(i) Promote an integrated performance of tax authorities: with the sharing of information, access to records between the various tax collection and inspection bodies, whether at the federal, state or municipal level, will be easier.


(ii) Speeding up the identification of tax offenses: with the receipt of the company's accounting entries and with easier access to information, it will be natural to cross the statements and information submitted by taxpayers and their accounts.

These measures will strengthen the coercive supervisory power of taxpayers and, consequently, provide for a maximization of tax collection.


In fact, the implementation of electronic invoices for the exchange of taxpayer information between tax collection agencies is not surprising, since this measure will only make some practices already adopted today more agile.

Among the Municipalities, São Paulo was the precursor when it instituted, through Law 14.087 / 2005, the so-called Electronic Invoice for Services (NF-e), used exclusively by ISS taxpayers established in its territory. It even made the borrowers of supporting services active in the migration system from paper invoices to electronics, jointly instituting the ISS credit generation system, which can be used to reduce the IPTU amount. As a result, service providers (individuals and companies) began to charge the provider for using the system, since only the ISS registered with the NF-e generates credit for the IPTU.

Among the States, since December 2005, through CONFAZ, it was decided to institute technical rules corresponding to the issuance of the Electronic Invoice, the Auxiliary Document of the Electronic Invoice - DANFE and the Applications for the Granting of Use, Cancellation and Disposal of NF -and.

Some States - such as Bahia, Goiás, Maranhão, Rio Grande do Sul and São Paulo - have already started to implement, on an experimental stage, with some representative companies from various segments - the system, helping to spread the benefits among the Taxpayers universe among them. adherence to the electronic invoice system.

Among the benefits for the issuer of the NF-e, the States point to the reduction of printing costs, of the acquisition of paper, of sending the tax document, of the storage of tax documents, simplification of accessory obligations and even reduction of downtime. trucks at Border Fiscal Posts, as attractive for those who join the system.

As benefits for the taxpayer / purchaser of the goods with NF-e, the main advantages pointed out are: the elimination of typing invoices at the reception of goods; the planning of delivery logistics by the early receipt of NF-e information; and the reduction of bookkeeping errors due to typing errors in invoices.

Unavoidable that the use of Electronic Invoice will be compulsory in a brief reality for taxpayers, starting from April 1, 2008 for the following segments: cigarette manufacturers and distributors; producers, formulators, importers and distributors of liquid fuels. For other taxpayers, the national implementation strategy is that they, voluntarily and gradually, are interested in being issuers of the Electronic Invoice.

With the implementation of the Electronic Invoice, it remains evident that the inspections will become more efficient, making tax planning increasingly an essential management tool for companies that want to legally minimize their tax costs, without the risk of compromising your profit to pay large tax assessments, which will certainly also become more frequent.

* Tiziane Machado, Master in Tax Law, specialist in franchise formatting and partner at Machado Advogados e Consultores Associados
 

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Electronic Invoice: increasing the risks of tax assessment

By ETCO
10/11/2007

Author: Tiziane Machado *

Source: Revista Fator Brasil, 10/11/2007

At the same time, with the same objective, that is, to maximize tax collection, the Union, States and Municipalities are gradually adopting the Electronic Invoice, which clearly has the following purposes:

(i) Promote an integrated performance of tax authorities: with the sharing of information, access to records between the various tax collection and inspection bodies, whether at the federal, state or municipal level, will be easier.

(ii) Speeding up the identification of tax offenses: with the receipt of the company's accounting entries and with easier access to information, it will be natural to cross the statements and information submitted by taxpayers and their accounts.

These measures will strengthen the coercive supervisory power of taxpayers and, consequently, provide for a maximization of tax collection.


In fact, the implementation of electronic invoices for the exchange of taxpayer information between tax collection agencies is not surprising, since this measure will only make some practices already adopted today more agile.

Among the Municipalities, São Paulo was the precursor when it instituted, through Law 14.087 / 2005, the so-called Electronic Invoice for Services (NF-e), used exclusively by ISS taxpayers established in its territory. It even made the borrowers of supporting services active in the migration system from paper invoices to electronics, jointly instituting the ISS credit generation system, which can be used to reduce the IPTU amount. As a result, service providers (individuals and companies) began to charge the provider for using the system, since only the ISS registered with the NF-e generates credit for the IPTU.

Among the States, since December 2005, through CONFAZ, it was decided to institute technical rules corresponding to the issuance of the Electronic Invoice, the Auxiliary Document of the Electronic Invoice - DANFE and the Applications for the Granting of Use, Cancellation and Disposal of NF -and.

Some States - such as Bahia, Goiás, Maranhão, Rio Grande do Sul and São Paulo - have already started to implement, on an experimental stage, with some representative companies from various segments - the system, helping to spread the benefits among the Taxpayers universe among them. adherence to the electronic invoice system.

Among the benefits for the issuer of the NF-e, the States point to the reduction of printing costs, of the acquisition of paper, of sending the tax document, of the storage of tax documents, simplification of accessory obligations and even reduction of downtime. trucks at Border Fiscal Posts, as attractive for those who join the system.

As benefits for the taxpayer / purchaser of the goods with NF-e, the main advantages pointed out are: the elimination of typing invoices at the reception of goods; the planning of delivery logistics by the early receipt of NF-e information; and the reduction of bookkeeping errors due to typing errors in invoices.

Unavoidable that the use of Electronic Invoice will be compulsory in a brief reality for taxpayers, starting from April 1, 2008 for the following segments: cigarette manufacturers and distributors; producers, formulators, importers and distributors of liquid fuels. For other taxpayers, the national implementation strategy is that they, voluntarily and gradually, are interested in being issuers of the Electronic Invoice.

With the implementation of the Electronic Invoice, it remains evident that the inspections will become more efficient, making tax planning increasingly an essential management tool for companies that want to legally minimize their tax costs, without the risk of compromising your profit to pay large tax assessments, which will certainly also become more frequent.

* Tiziane Machado, Master in Tax Law, specialist in franchise formatting and partner at Machado Advogados e Consultores Associados