5.5.5 Start or cessation of activities in the special regime

The merchant who begins an activity under this special regime must settle and pay the amount resulting from applying the rates and surcharges in force on the start date to the acquisition value of the stocks, VAT excluded, unless they have been acquired from another merchant subject to this special regime for a transfer of business assets not subject to VAT .

When the activity ceases due to loss of retail status, the merchant may deduct the fee resulting from applying the rates and surcharges in force on the date of cessation to the acquisition value of the stock, VAT and surcharges excluded.

If the cessation occurs due to the non-subject transfer of business assets to merchants not subject to this regime, the acquirer may deduct the fee resulting from applying the rates in force on the day of the transfer to the market value of the inventories.

In these cases, inventories of commercial stocks must be prepared with reference to the day prior to the start or cessation and presented within a period of 15 days at the Delegation or Administration of the Tax Agency of the tax domicile or electronically through the procedure enabled in the Electronic headquarters.

Particular case: cessation of the special regime of the equivalence surcharge for civil companies: the civil companies that during 2015 were taxed under the income attribution regime in Personal Income Tax and were subject to the equivalence surcharge of VAT , and that with effective January 1, 2016, they have become taxpayers in the Corporate Tax, therefore ceasing the VAT equivalence surcharge , they will be able to deduct the fee resulting from applying to the acquisition value of its inventory inventory on the date of cessation, VAT and equivalence surcharge excluded, the rates of VAT and surcharge that were in force on that date.