Do you know what is active debt? Being enrolled in an active debt can bring many headaches to an individual or legal entity. It is characterized by non-payment of taxes and other obligations at the municipal, state and federal levels.
Understanding what is active debt is the first step before you try to solve the problem.
The consequences of having an active debt involve financial penalties, and may lead to the attachment of assets. Knowing what is active debt and consulting one’s existence as soon as possible is a simple process that can make all the difference to avoid more serious penalties.
Do you know what is active debt? Do you know if you have one and what to do to pay for it?
Let us help you to know all these details below:
What is active debt?
Active debt is the name given to a set of debts of individuals and legal entities next to the Public Treasury, in the Municipal, State or Federal spheres.
The pendency may be due to spontaneous non-payment, within a legally established period, of duties of a tax nature or not, with bodies such as Federal Revenue, INSS, City Halls, among others.
The active debt is characterized when the competent body enters the debt due and not paid with the Attorney General of the National Treasury, in the case of the Union.
In the States and Municipalities, the debt is registered in their respective sections. They then proceed with the foreclosure process. After an ample collection deadline, these bodies can file a lawsuit against the debtor.
An example of registration in active debt occurs when the taxpayer fails to pay IPTU (Urban Land and Territorial Tax) or traffic tickets .
What are the consequences of having an active debt?
Now that you already know what is active debt, let us understand a little of its consequences.
The consequence of having an active debt, like any other debt, is to have its name denied to credit protection agencies such as Serasa and SPC. These mechanisms make it difficult to obtain credit, financing, credit and other financial operations, for example.
The registration in the active debt generates a positive certificate of taxpayer debit, demonstrating its default. Therefore, there are sanctions with effects in the legal sphere as the impossibility of obtaining negative certificate of debts. This prevents it from participating in bids, among other penalties. Active debt can also be sent to protest notices.
The active debts related to the IPVA can cause the retention of the vehicle in blitz and the impossibility of sale or transfer of the good.
The financial implications can also be very costly if the process goes on for a long time and reaches the legal sphere.
All active debt, of a tax nature or not, has monetary restatement – corrected monthly by SELIC Rate. In addition, there are interest and fine of late payment and other charges provided by law or contract. Procedural costs and attorneys’ fees also apply to the debtor.
It is important to note that tax enforcement can be promoted against the debtor, guarantor and successors, among other legal requirements. In case of judicial execution, the taxpayer or company may have alienated and seized assets and bank accounts blocked.
How do I know if I have an active debt?
The debtors are informed by means of a legal notice that is sent to the physical address. For cases of uncertain location, one of the instruments of notification is the publication in public notice. There is no subpoena by email or phone.
When the debt is registered with the competent body, the debtor taxpayer receives a document. It contains information on the nature of the debt, the date of registration, the amount due – together with the respective calculation of default interest – and the administrative file number. This makes it easy to follow up.
However, sometimes the taxpayer does not receive the notification. However, he suspects that he has a debt in progress. In this case, the best way to find out about their existence is to make an online consultation on the respective sites of municipal, state, and municipal officials. Here’s how to do it.
How to consult an active debt?
To make sure about an active debt, the taxpayer can make a query by CPF or CNPJ. The debts registered in the active debt of the Union can be verified in the website of the Internal Revenue Service .
The active debt by municipality must be consulted in the Municipal Attorney General’s office of the respective city or in the City Hall.
How to get out of debt?
Well, you have understood what is active debt and its consequences. Now let’s explain how to get rid of it.
There are specific procedures before and after the debt protest. Any citizen who has debt – whether or not in active debt – can personally seek the competent body to know the conditions of payment. Simply carry identification document, CPF and, in the case of companies, submit the CNPJ or State Registration.
Still in the administrative phase, in general, it is possible to make the payment in cash or in installments. Regularizing the debt at this stage is advantageous, as it guarantees reduction of fine.
As soon as the discharge is proven, there is a discharge of the debt in an established period. The taxpayer may also request, together with the creditor, a certificate of regularity of the debt.
Be aware, as the Municipal and State spheres eventually launch incentive programs for the discharge of active debt. These campaigns offer attractive conditions of payment and reduction of interest and fines, as well as installment options.
To stay informed, look for the appropriate agency and verify that your debt can, at that time, be framed in one of these campaigns.
In cases of active debt, the debtor should contact the competent body to assess the payment possibilities under each specific legislation. In this phase, the costs of the process and the expenses with attorneys’ fees also apply.
How to split the active debt?
The installment of active debt can be granted by the debtor to the competent body. To pay off active debt, in general, there are more advantages in the administrative phase. Stay tuned and report!
But is it worth splitting up the debt? In the case of incentive programs, discounts are granted for spot payment and installment payment options. It is worth checking, as eventually the interest abatement and fines may reach 90%.
The decision to install or pay cash is the responsibility of the taxpayer. He needs to take into account your current financial situation and the size of your budget.
How can I organize my finances to pay off an outstanding debt?
The active debt is corrected monthly with interest and fine. Administrative charges are also charged to the taxpayer.
Although government agencies launch periodic programs with incentives for the payment or installment of active debt, discharge periods are often short, which makes financial planning difficult.
If you have an active debt but have your budget tight, one way out of debt growth is to get a personal loan, even if your name is down.
You can try a payday loan , the one that is directly discounted on the payroll. This is one of the cheaper modes of credit, with friendlier rates. This is because the granting institutions assess that the risk of default is lower. But, be aware because the payroll loan application can be denied.
This can happen because the institutions analyze the financial capacity of the loan seeker.
However, it is possible to get a personal loan for negative .
The procedure is quite simple. Just fill out a registration and, in case of approval, the money is released quickly.