The suspension of state registration is one of the most complicated situations that a company in operation can go through. This is a measure taken by some state treasury departments, in view of irregularities found during inspection diligences.

The immediate consequences may also be serious, as the company is prevented from issuing tax invoices and, consequently, prevented from selling its products or services. From this point on, there is an actual cascade effect of losses that arise directly out of this impossibility of formal operation:

• Loss of revenue;

• Late payment of obligations (labor charges, suppliers, lease, loans, etc.);

• Loss of clients, employees, and suppliers;

• Unsuitability for bidding processes, tax recovery programs, and access to credit;

• Irreversible damage to its image;

• Levy of fines; and

• Judicialization of collections and criminal prosecution.

Hence, special attention must be paid to fulfilling obligations with the state tax authorities to prevent the company from having its registration suspended.

There are several situations that can lead to the suspension of a company’s state registration. It is something that also depends on the rules applicable in each state.

Still, regardless of the location, establishing a series of omissions and mistakes that can lead to this type of consequence is possible. Below are the most common ones.

Sometimes, the treasury department, during inspections, is unable to confirm that the business is operating at the declared billing address. Something that can occur due to an uncommunicated change of address or due to working from home, among other situations.

This occurs when the company fails to comply with one or more of the accessory obligations, which consist of mandatory submission of documents, the purpose of which is to provide information automatically, without the need for periodic requests. These obligations vary according to the nature of the business and the taxation regime, such as Tax Substitution Statement, Tax Rate Difference, and Advance (DESTDA), and State Information and Assessment Guide (GIA Estadual), among many others.

This occurs when the submission of information through systems such as the Brazilian Public Digital Bookkeeping System (SPED) and Program Generating the Simples Nacional (Unified System for the Payment of Taxes and Contributions by Small Businesses) Statement Collection Document (PGDAS-D) is not carried out or is carried out incorrectly. In addition to suspension, repetition may result in other penalties, such as financial fines.

Although there is a legal dispute on the matter, the existence of outstanding tax debts can, in some cases, lead to the suspension of state registration.

Internal audit systems, whether automated or not, sometimes detect differences between certain information, leading to a preventive suspension of state registration. An example of this occurs when there is an issuance of outgoing tax invoices without the proportional issuance of incoming tax invoices.

The first step is to identify which problem resulted in the suspension. Information that can be provided to the company in advance, but which, in most cases, must be sought from the state treasury department.

Once identified, the appropriate solution must be applied, which involves following the procedures established by the body, rectifying omissions, correcting mistakes, and requesting reactivation of the registration.

In any case, PLBrasil Group has qualified professionals and trained teams to provide all the support regarding the type of registration required for the establishment and operation of your company, including troubleshooting involving the suspension of state registration. Furthermore, it offers its clients, through its own platform, a document HUB, where all corporate documents and history are stored and permanently available.