[Free translation]
Normative Instruction RFB No. 1.679, published on 12/29/2016, modified IN RFB nº 1,420 / 2013, introducing changes in the Digital Accounting Bookkeeping - ECD. Below we mention the most relevant points.
ECD delivery deadline at special events
The deadline for sending the ECD in the case of special events, occurring from January to April, will be until the last working day of May in the year of occurrence. When events of extinction, partial spin-off, total spin-off, merger or incorporation from May to December occur, the transmission deadline remains the last business day of the month subsequent to that of the event.
Procedures for replacing ECD
In our Informational 9-16, we dealt with the possibility of authentication of the accounting books by the Public Digital Bookkeeping System - Sped, by means of the presentation of the ECD, being waived the authentication by the Commercial Boards, established in Decree No. 8,683 / 2016 and later in Informative 38-16 we discuss its regulation.
Now RFB Normative Instruction No. 1679/16 has brought new procedures for the replacement of ECD.
Authenticated books may be substituted when they contain errors that can not be corrected by extemporaneous postings, according to the Brazilian Accounting Standards.
For the replacement of the ECD, the ECD Substitution Verification Term shall be presented, containing, in addition to the details of the errors and the reasons for the substitution:
· Identification of substituted bookkeeping;
· Detailed description of the error;
· Clear and precise identification of records containing errors, except when resulting from errors already discriminated.
The ECD Term of Verification for Substitution shall be signed:
· By the accounting professional himself / herself who signs substitute bookkeeping, where the correction of errors does not depend on changes in accounting entries, balances, or accounting statements, such as corrections on opening or closing dates and on the identification of the signatories;
· By 2 (two) accounting professionals, one of them being an accountant, when the correction of the error generates changes in accounting entries, balances or unaudited statements by an independent auditor;
· By two (2) accountants, one (1) of whom is an independent auditor, when the error correction generates changes in accounting entries, balances or statements that have been audited by an independent auditor.
Without the presentation of the ECD's Term of Verification for Substitution purposes, bookkeeping changes will be considered null and void.
The said term will be presented in registry J801 of layout 5 of the ECD, instituted by ADE Cofis nº 93/2016. The validation program with these functionalities will be made available by the Internal Revenue Service until the end of January 2017.
