Author: FinancialWeb

Source: Financial Web - São Paulo / SP - CORPORATE GOVERNANCE - 27/05/2010

The Public Digital Bookkeeping System (Sped) and its subprojects - electronic invoice (NF-e), Digital Fiscal Bookkeeping (EFD) and Digital Accounting Bookkeeping (ECD) - still raise doubts.

Sérgio Contente, from Legalmatic, explains that the doubts are no longer about basic points and, increasingly, address specific topics.

“Before, accountants wanted to know what Sped was, how it was composed or who was forced to join. Nowadays the questions are very complex and require daily updating ”, he said.

Below, the 13 most intriguing questions on the topic and their answers:
 

* Which taxpayers are required to send Digital Bookkeeping?

According to the normative instruction RFB (Federal Revenue of Brazil) No. 787/07, business companies as legal entities opting for real profit are required.

Companies that are not entrepreneurs are not required to send the ECD, according to the current regulation.

* Which taxpayers are required to send the Digital Tax Bookkeeping?
      

According to the ICMS Protocol n ° 77/08, issued by Confaz (National Council for Farm Policy), the legal entities required to deliver EFD are those registered with the Secretariat of Finance of their respective States and which are on the list of legal entities thanks. This list can be found on the website:
      http://www.fazenda.gov.br/confaz/confaz/Diversos/Lista_Atualizada_Dez2009_Obrigados_EFD_2009.pdf.

The list is updated according to the schedule, so taxpayers and accountants should be aware.

* Which taxpayers are required to issue the electronic invoice?

The NF-e is mandatory for all legal entities, at the federal level, listed in ICMS Protocols No. 10/07 and 42/09.

This obligation is based on the company's economic activity or on the National Economic Activity Code (CNAE), duly registered with the CNPJ.

In the State of São Paulo, it is suggested that taxpayers and accountants check CAT Ordinance No. 162/08, which highlights all necessary information on the topic.

For more details, access the São Paulo electronic invoice portal at the following address: www.fazenda.sp.gov.br/nfe.

* Can a company issue an electronic invoice even though it is not required by law?

Yes. Companies that are not obliged to issue the NF-e can, on a voluntary basis, prepare the accreditation and then carry out tests in the environment. From the first day of the third month following accreditation, the issuance of the NF-e must start. It is worth remembering that the electronic version of the invoice must be issued to replace the paper model, forms 1 or 1A.

* In what operations can the NF-e be used?

For all legal purposes and in all cases provided for in the legislation, the electronic invoice replaces the paper version, models 1 and 1A, as set out in the Sinief adjustment (National Economic and Tax Information System) No. 07/05. This includes, for example, transactions covered by an incoming invoice, import, export, interstate transactions or even simple remittance transactions.

* Who issues the NF-e is required to send the electronic XML file * to the recipient?

Yes. Sinief Adjustment No. 11/08, which instituted the electronic invoice and the Auxiliary Document of the Electronic Invoice (Danfe), at the national level, makes it clear that the issuer of the NF-e makes the XML file available (* Extensible Markup Language) for the recipient.

* What does Danfe do?

According to the NF-e portal, nationwide (http://www.nfe.fazenda.gov.br/) and Ordinance CAT 162/08, the auxiliary document is a simplified representation of the electronic invoice and has the following functions:
      a) contain the numeric key with 44 positions for consulting the NF-e (Access Key) information;
      b) monitor the goods in transit, providing basic information about the operation in progress (issuer, recipient, values, etc.);
      c) assist in the bookkeeping of transactions documented by electronic invoice, in case the recipient is not a taxpayer accredited to issue such document.

* Which tax books is part of the Digital Tax Bookkeeping?

According to clause 7 of the ICMS Agreement 143/06, EFD contemplates the bookkeeping of the Entries and Exits Registration, ICMS Calculation Records, IPI Calculation and Inventory Registration.

* Which taxpayers are exempted from delivering the Digital Tax Bookkeeping?

All taxpayers who are not listed in ICMS Protocol No. 77/08 (containing a list of all ICMS taxpayers required to deliver the file) are free to hand over the file containing EFD, which provides for this obligation, under the terms of the clauses 3rd and 8th of ICMS Agreement No. 143/06.

* Despite not being subject to EFD, can the taxpayer of the State of São Paulo request permission for its bookkeeping?

Yes. Pursuant to ICMS Agreement No. 143/06, Sinief Adjustment No. 02/09 and CAT Ordinance No. 147/09, permission is allowed to the taxpayer not yet subject to EFD, in an irreversible manner, by means of a request, with a view to accreditation.

* Currently, there are several types of digital certificates. What digital certificates are used for issuing the NF-e, sending EFD and ECD?

According to current legislation, digital certificates are:

Electronic invoice

(NF-E)

Tax Sped

(EFD)

Accounting Sped

(ECD)

 

Digital certificate used

e-CNPJ e-PJ

(e-NFe)

e-CNPJ, e-CPF, e- PJ

E-cpf

Storage form

Model A1 (computer) or model A3 (token or card)

Model A1 (computer) or model A3 (token or card)

Model A3

(token or card)

Responsible

Legal entity of the tax document

Legal representative or attorney

Accountant and representative

of the company at the Board of Trade

* What makes up Digital Bookkeeping?
      According to the guidelines contained in the website of the Secretariat of the Federal Revenue of Brazil (RFB) and determination of the Normative Instruction RFB 787/07, the ECD will comprise:
      a) Daily book and its auxiliaries, if any;
      b) Ledger and its assistants, if any;
      c) Book Daily Balance Sheets, Balance Sheets and records of entries proving the settlements transcribed therein.
      

It is observed that these forms of digital bookkeeping comply with the provisions of articles 1.180 and 1.183 of the Civil Code - Law No. 10.406 / 02.
      

* Digital Bookkeeping has as one of the requirements the presentation of the Daily Book. Is it possible that this document has the entries by totals?
Yes. In accordance with article 1.184 of Law 10.406 / 02 - Civil Code - it is allowed to prepare the Daily Book by totals, as long as the sum of the facts does not exceed 30 days.

In time, the totalization should be turned to accounts whose operations are numerous or carried out outside the headquarters of the establishment, provided that auxiliary books regularly authenticated are used for individualized registration, and documents that allow their perfect verification are kept.

However, the Digital Bookkeeping must contain the particularities mentioned above.