A survey conducted by the MaisMei app, that assists individual microentrepreneurs (MEI) in performing management tasks, showed that 9,41% of the CNPJs in this tax regime are in active debt. The average amount of debts of MEIs with the Union is R$ 2.574,00, still according to the data analyzed in the database of CNPJs registered in MaisMei, that currently has 2.6 million users
Kályta Caetano, head of Accounting at MaisMei, explain that when an individual or legal entity is in debt with a public agency, be it at the Municipal level, State or Federal, she can have this debt registered in the active debt after the administrative collection period. In these cases, it is necessary for the MEI to regularize as soon as possible, so that the debt does not increase and, нарешті, the entrepreneur loses their benefits
"Besides the late fees", this registration results in other penalties for the debtor, including legal collection. It is important to debunk a myth that, after five years, a "stale" debt. What happens is that, after this period, the debt does not disappear, but the creditor loses the right to collect judicially. However, it is not mandatory to automatically remove the debtor's name from credit protection agencies after 5 years.That is to say, your company will continue to owe and, to avoid all the problems caused by debt, "it's better to make an agreement to settle it", explain Kályta Caetano
Although in most cases they are not debts that are impossible to pay, as the average shows, MaisMei identified, in your internal survey, debts exceeding R$ 50 thousand
MEIs in debt to the Union may also have the debt registered in the Active Debt of the municipality or state, depending on the category of the business. Among the penalties, are
- Cancellation of the CNPJ, what prevents the issuance of invoices, the carrying out of commercial operations, bank account transactions of the company, obtaining loans and participation in tenders
- Debt linked to the CPF of the microentrepreneur, with a 20% increase due to charges
- Lose pension benefits such as retirement, maternity pay, temporary incapacity benefit (the former sickness benefit), among others
Regularization
When the MEI has its debts registered in the Active Debt of the Union, a legal notification is sent to the address registered in the Federal Revenue system, it can be through physical means (Mail) or electronic (Electronic Tax Domicile – DTE.But for those who wish to check whether they have the debt or not and understand the modalities and conditions for settlement, just access the Regularize portalhttps://www.regularize.pgfn.gov.br/homeor the Open Debt app, both from the Federal Government
Another free tool that can also be used is the "MEI Diagnosis", launched by MaisMei. With this resource, the entrepreneur has access to all real pending issues related to the CNPJ, if there are. The company also provides legal and accounting advisors to answer questions from individual micro-entrepreneurs and assist in the regularization process
