RFB changes rules on amendment of ECF

Federal Revenue of Brazil (RFB) established new rules to amend the Accounting-Tax Bookkeeping (Escrituração Contábil Fiscal - “ECF”) through the RFB Normative Instruction (NI) 1770/2017, in force as of its publication (Dec-19-2017).

The ECF amendment will be held by filing a new ECF, regardless the administrative authority approval, which should keep the same nature as the previous one, replacing it for all purposes and rights, and should become an active bookkeeping at Digital Bookkeeping Public System (SPED) database.

• The amendment of ECF with purpose is the change of taxation system should not be accepted, except for adoption of arbitrated profit purposes in cases determined by law.

• If the ECF rectifier changes the accounts balances of e Lalur part B or e-Lacs, the legal entity shall check the need to rectify the ECF of the subsequent calendar years.

• The legal entity shall file ECF rectifier whenever present the Digital Accounting Bookkeeping (ECD) substitute to change accounts or account balances recovered at ECF active at Sped database.

• In case of extemporaneous records at ECD changing Corporate Income Tax (IRPJ) calculation basis and Social Contribution on Net Income (CSLL) at ECF from previous year, the legal entity shall adjust through ECF rectifier on the respective year by adding or delete from net income, although the EDC recovered at the amended ECF has not been changed.

• The legal entity that file the amended ECF to change the income tax or CSLL calculation values reported at the Statement of Federal Taxes Debits and Credits (DCTF) shall file the rectifier DCTF prepared in compliance with the specific rules related to this statement.