RFB Normative Instruction No. 1,774 / 2017 (DOU dated 12/28/2017) was published, which, as from 1 January 2018, became available on the ECD, replacing the RFB Normative Instruction No. 1,420 / 2013, now revoked .
Briefly, all legal and equitable entities, including SCP, required to keep accounting records under commercial law, including immune and exempt entities, except legal entities, are required to submit to the ECD:
1) opting for the National Simple, inactive, public agencies, municipalities and public foundations;
2) taxed on the basis of presumed profits that have not distributed, in the form of profit, without IRRF, a portion of profits or dividends higher than the value of the basis of calculation of Income Tax, less taxes and contributions to which it is subject;
3) immune and exempt that receive, in the calendar year, revenues, donations, incentives, subsidies, contributions, aids, covenants and similar incomes of less than R $ 1,200,000.00 or the amount proportional to the period to which bookkeeping refers accounting
Note: The exceptions provided in items "1" and "2" above do not apply to ME or EPP that has received capital contribution from angel investors.
RFB Normative Instruction No. 1,774 / 2017 further determines that legal entities in the civil construction segment, which are exempt from submitting to EFD ICMS / IPI, are obliged to present the Inventory Register book in ECD as an ancillary book.
In addition to these provisions, this IN deals with the deadlines for presentation of the ECD, which remains until the last working day of May of the year following the calendar year to which the bookkeeping refers, as a general rule. In the case of a legal entity that is extinct, spun-off, merged, merged and incorporating, the specific time limits established in Normative Instruction RFB No. 1,774 / 2017 must be observed.
Finally, it is worth mentioning the possibility of replacing the authenticated ECD, if it contains errors that can not be corrected by means of late posting, in which case, the Verification Term for Substitution Purposes must be added, which will become part of it , which will contain, among other requirements, the identification of the substituted bookkeeping. However, it is noted that such replacement is only allowed up to the end of the delivery period of the subsequent calendar year.
* Free translation from Google Translate.
