Tax law and credit recovery to bring money back into your cash flow

PRACTICE AREAS

Overpaid taxes and clients who don't pay have something in common: it is the company's money outside its cash flow. The work goes from mapping the amounts until the money comes back.

Tax recovery

Defense against the tax authorities

Credit recovery

Tax debts

• Review of taxes from the last 5 years

• Refund and offsetting of amounts

• DIFAL charged to Simples Nacional companies

• ICMS in the PIS/Cofins tax base

• Defense against tax assessments

• Administrative appeals

• Defense in tax enforcement

• Release of frozen accounts and assets

• Out-of-court collection and protest

• Settlements and installment plans with guarantees

• Payment order actions and enforcement of debt instruments

• Seizure of the debtor's funds and assets

• Installment plans and tax settlements

• Tax clearance certificate

• Defense of partners charged for the debt

• Review of routines with the accountant

Business owners have no time to lose. The first contact is already work.

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You send the documents

We map amounts and risks

You receive the plan and the proposal

By WhatsApp or online meeting, you send the paid tax slips, the tax assessments or the documents for the client's debt, such as a contract, check or invoice.

Together with your accountant, we calculate what can be recovered, the time left and the fastest route: a request to the Federal Revenue Service, a lawsuit or collection.

We present the recommended strategy and a written fee proposal, in the format suited to the matter: one-off, success-based or monthly retainer.

Founding attorney · Master's candidate in Law

The firm is led by attorney Sidnei Pedro Dias, with more than ten years of practice in taxes, collections and corporate defense. The team follows every step of your case, from the first contact to the conclusion.

OAB/GO 48.603 · OAB/DF 68.207 · OAB/SP 501.693

Headquartered in Anápolis-GO with fully digital service, SPD Advocacia advises companies from different sectors throughout Brazil, from tax reviews to collections and lawsuits, including in the higher courts (STJ and STF).

Sidnei Pedro Dias Sociedade Individual de Advocacia · registered with OAB/GO under no. 3,123

Common examples, described in general terms. Each case depends on its own facts and documents.

Overpaid tax

Defaulting client

Simples Nacional companies in Goiás paid DIFAL for years based only on a decree, which the STF does not allow. This and other taxes charged without a legal basis can be claimed back within five years of each payment.

The older the debt, the harder it is to find the debtor's assets. Checks, trade bills and signed contracts allow faster collection, but each instrument has its own deadline, some of only a few months.

Tax assessment

Frozen account

The deadline to challenge a tax assessment is short. A good administrative defense can reduce or cancel the charge before it becomes a tax enforcement action, with accounts and assets frozen.

In a tax enforcement action, freezing accounts can stall the company's operations. There are ways to defend, offer a guarantee and negotiate the debt to free up cash and keep the tax clearance certificate up to date.

How long do I have to claim back an overpaid tax?

As a rule, up to five years from each payment (art. 168, I, of the National Tax Code). Since the deadline runs month by month, the oldest installment is lost with each passing month. See the example of DIFAL under the Simples Nacional.

Is the amount returned in cash or as a credit?

It depends on the tax and the path chosen. Overpaid federal taxes can offset other federal taxes, through compensation with the Federal Revenue Service (art. 74 of Law 9.430/1996). Through the courts, repayment may come by small-value requisition or court-ordered payment (precatório).

Do I need to change accountants?

No. We work alongside the company's accountant, who provides the payment slips and calculations. The legal analysis, the claim calculations and the lawsuit are handled by the firm.

My client did not pay. Can I sue right away?

First we try out-of-court collection and settlement. Without payment, a check, promissory note, trade bill or contract signed by the debtor and two witnesses allows direct enforcement (art. 784 of the Code of Civil Procedure). Without that kind of instrument, a payment order action with written proof of the debt applies (art. 700 of the Code of Civil Procedure).

How are fees charged?

The proposal is presented in writing before any engagement, according to the type and value of the matter. The decision to hire is always yours.

Tell us about the situation on WhatsApp: taxes paid, tax assessments or clients who don't pay. The team replies with an initial review and a written proposal.

If you prefer, write to dias@spd.adv.br

Informational content, in line with OAB rules (Provision 205/2021). Each case needs its own analysis, and we do not promise results. Sidnei Pedro Dias Sociedade Individual de Advocacia · OAB/GO 3,123 · CNPJ 32.614.440/0001-25