Second chance for those who have money forgotten in banks
New deadline
In a note, the Ministry of Finance informed that it will soon publish in the Official Gazette of the Union a notice containing a list of the amounts collected, with information about the institution where the money is held, the agency, the nature and account number of the deposit. Then, users will have another 30 (thirty) days, counting from the date of publication, to contest the withdrawal made.
After these thirty days, there will still be a period of six months to request judicial recognition of the right to deposits. The counting of this period begins after the publication of the notice by the Ministry of Finance. The notice must contain all the information on how to request the money. But before that, the interested party needs to contact financial institutions to recover the forgotten money, informed the Treasury.
But lawyer Eduardo Natal, master in Tax Law from PUC/SP and president of the Tax Transaction Committee of the Brazilian Association of Tax Law (ABAT), sees problems involving the collection of forgotten money, in relation to the stipulated deadlines.
“Not only the 30-day period, but the six-month period to raise this amount in court, there are those who argue that it would be a provision that would be in accordance with the Brazilian Civil Code. But the Civil Code regulates private law relationships, therefore, as we are dealing with values that, in the end, will be reverted to the National Treasury, we would not have a relationship only under private law, but rather a more complex relationship, which also involves the public power. This is the most sensitive point and may be the subject of some questioning in the future.” alerts the specialist.
Remembering that according to Lei nº 14,973 approved last September, the government will be able to use values forgotten by citizens and companies to meet the fiscal target.
Forgotten money: deadline to redeem ends this Wednesday (16)
By Brasil 61