A Medida Provisória nº 675/15 e os efeitos dos créditos tributários diferidos nas demonstrações intermediárias das instituições financeiras

Abstract

Provisional Measure The purpose of this paper is to analyze, as profoundly as possible, decisions of Financial Institutions not to comply with the Circular nº 3.171/2002 issued by Central Bank of Brazil (BCB). These institutions did not include in the intermediate financial statements for the second quarter of 2015, the impacts of tax credits on provision inventories arising from the increase in the rate of CSLL- Social Contribution on Net Profits stipulated in May 2015 by Medida Provisória (Provisional Measure*) nº 675/2015 (MP nº 675/15). The previously mentioned tax credits arise from temporary provisions for expenses incurred during the period of the previously lower rate level, and due to be recognized in the future when the new increased rate is in force. The fact that high values of accrued expenses are already included in the Balance Sheet of these institutions mainly related to labor demands, tax and junk credits, the impacts of additional provisions for tax credit would be very relevant in terms of absolute amounts. This study considered technical evaluation manifests by the CPC – Comitê de Pronunciamentos Contábeis (Committee of Accounting Pronouncements) such as CPC Report 25 on Provisions, Contingent Liabilities and Contingent Assets, mandatory for Financial Institutions on both types of Balance Sheets complying to BR-GAAP (Generally Accepted Accounting Principles) and the IFRS (International Financial Reporting Standards) as determined by Brazil’s National Monetary Council. In order to bring legitimacy and to pursue the closest decision in terms of modern corporate governance, we extensively analyzed other technical reports broadly used in financial statements complying to IFRS, even though not considered official by the Brazilian government: CPC 00 – Framework; CPC 26 on Financial Statements; CPC 32 on Taxation of Profits. The conclusion is that the decision not to include the tax credits on provision inventories as of June 2015 and only mention and justify in the explanatory notes, was legal and correct on the part of the Financial Institutions. We evaluated that the nature of the Provisional Measure was very precarious and there was evident questioning about the effectiveness and validity of its terms prior to approval by the Brazilian Congress. There was convergence among the various financial institutions and they came to account the effects of the increased rates only in the intermediate 3rd quarter financial statements in September 2015 following the effective approval of the Provisional Measure 675 by the Brazilian Congress on September 15th. 2015.