On 18 July 2016, Law 13,313/2016 was published, which provides for the possibility of offering real estate property to pay off, in kind, debts included in the outstanding debt of the Union. Said law, that resulted from the conversion of MP 719/2016, makes effective the rule set forth in the National Tax Code in 2001 (art. 156, IX).
The payment depends on the acceptance of the Union (at “the lender’s discretion”) and prior assessment of the property, which must be free and clear, and should cover the entire debt and its additions, without any discounts, and any additional amount must be paid in cash. This form of payment requires the waiver of any litigation and does not apply to tax debts determined in the “Simples Nacional” regime, for unified collection of taxes payable by small businesses.