Is it MEI and has it exceeded its annual billing limit?  Know what to do

Is it MEI and has it exceeded its annual billing limit? Know what to do


The limit for microentrepreneurs is R$81 thousand; the new invoice provides for an increase to R$130 thousand


Summary

The MEI who has exceeded the limit of R$ 81 thousand corresponding to January and December 2023 must verify the amount exceeded, pay taxes retroactively to the beginning of the tax year or automatically disqualify it and follow a Procedure with the Revenue Agency until the last activity day of the following month. A legislative proposal includes an increase in the revenue limit for the MEI.




What to do if the MEI exceeds the limit of R$81 thousand corresponding to January and December 2023? Silva Nunes Advogados’ partner, Mérces da Silva Nunes, specialist in commercial law, explains the measures to regularize the situation.

“First, to define the type of transition, the MEI must carefully verify the amount that exceeded the limit of R$81 thousand. If this excess reaches up to 20% of the limit (R$97,200), you will have to pay the difference in taxes as Simples Nacional, retroactive to the beginning of the tax year. If your earnings exceed 20% (amount greater than R$97,200), the MEI will automatically be non-compliant and you will have to notify the Federal Revenue Service that it is non-compliant. From now on it will be classified as Micro Enterprise (ME) or Small Enterprise (EPP),” the lawyer specifies.

In relation to the change in the tax regime, the MEI must access the Simples Nacional Portal and report the non-compliance in the SIMEI application – SIMEI Electronic Non-Conformity Service. “This procedure must be carried out by the last working day of the month following the month in which the excess occurred,” adds Nunes.

From the framework it will be necessary to calculate and collect the taxes corresponding to the new tax regime (ME or EPP).

“In this new regime there will be an increase in the tax burden because the company will start paying other taxes, such as PIS, COFINS, IRPJ and CSLL, in addition to the ISS or ICMS, depending on the activity,” explains the specialist , reinforcing that the company must issue tax authority notes (NF) in accordance with the legal requirements of the new tax regime and that it must hire an accounting service (internal or external) to ensure that all legal obligations are fulfilled correctly and on time.

PL expects an increase in billing limit for MEI

A legislative proposal being developed in the Chamber of Deputies could bring significant changes to individual microentrepreneurs (MEIs) in Brazil. PLP 108/21 deals with increasing the annual income limit allowed for classification as an MEI, promising to help entrepreneurship in the country. The current limit is R$81 thousand and, with the new proposal, it will increase to R$130 thousand.

For the lawyer, the proposal to increase the MEI revenue ceiling could have significant impacts on micro-entrepreneurs.

“It is worth noting that the increase in the annual revenue limit will allow microentrepreneurs to grow, develop and expand their businesses without the need for any change in the tax regime. Furthermore, the increase in the annual revenue limit, combined with the low tax burden and the reduced number of ancillary obligations, will certainly be an incentive for many people to formalize their business as an MEI. When this happens, there will be a reduction in informal work and will allow these new MEIs to have access to credit, social security rights and a better quality of life,” underlines Mérces da Silva Nunes.

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Source: Terra

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