On January 20th, the Official Federal Gazette of Brazil published Ordinance No. 95/2025 from the National Treasury Attorney General’s Office (PGFN – Procuradoria-Geral da Fazenda Nacional), which regulates the waiver of guarantees for taxpayers contesting tax debts in court, specifically those resolved by a casting vote in the Administrative Council of Tax Appeals (CARF – Conselho Administrativo de Recursos Fiscais).

It is important to note that this measure is based on Article 4 of Law No. 14,689/2023 and aims to provide clearer legal certainty by defining criteria for recognizing tax compliance, such as using the adjusted net realizable assets. Taxpayers with recognized payment capacity may be exempt from providing additional guarantees, provided they submit accounting reports and a list of free assets. The request must be made exclusively through the Regularize Portal and will be reviewed within 30 days.

Tax compliance may be revoked in situations such as default for more than 90 days, the sale of assets without notification, or discrepancies in the data presented. Additionally, the regulation allows the substitution of initially indicated assets with other assets of the taxpayer.

Despite being criticized for containing gaps in its regulation, the measure is seen as progress for reducing uncertainties in the tax sector, as the regulation brought by the Ordinance can positively impact the legal-tax environment by reducing costs and bureaucracy for companies in litigation with the Federal Revenue of Brazil.

However, the requirement of adjusted net realizable assets and these potential interpretative gaps may lead to new judicial challenges, especially regarding retroactive application and criteria for revoking tax compliance.