How can I recover unduly paid taxes?
An article by Ângelo Ambrizzi, a lawyer at the law firm, published by the Monitor Mercantil portal, talks about how companies can request a refund of unduly paid taxes, and how a comprehensive tax reform could improve inconsistencies in the country’s tax legislation. Read the full article here.
Withdrawal of judicial deposit cannot be discussed
É comum, em ações que discutam a legalidade/constitucionalidade de eventual débito tributário, contribuintes efetuarem depósito do montante integral para possibilitar a emissão de certidão de regularidade fiscal.
TJSP injunction authorizes replacement of IGP-M by IPCA in commercial contract
Nathália Guedes BrumLawyer at Marcos Martins Advogados In a recent decision, the 32nd Chamber of Private Law of the São Paulo Court of Appeals granted an injunction in an interlocutory appeal[1], authorizing the replacement of the IGP-M index by the IPC-A for the annual readjustment in a commercial lease agreement for an establishment in a […]
Labor Prosecutor’s Office Releases Recommendations on Teleworking
Ariadne Fabiane VelosaLawyer at Marcos Martins Advogados Due to the Covid-19 pandemic and its adaptations for work, one of which is the home office, the Public Ministry of Labor (MPT) has released a technical note[1] with 17 recommended practices for companies, unions and public administration bodies during teleworking, in order to guarantee the health and […]
Teleworking and the Right to Disconnect
Ariadne Fabiane VelosaLawyer at Marcos Martins Advogados In recent years, the way work is carried out has undergone significant technological, industrial and methodological changes, which have required employers and employees to adapt to new forms and modus operandi of work. Technological development has directly affected labor relations, with significant repercussions on the legal rules that […]
The creation of a family holding company as an effective means of faster and less costly succession planning
A criação de uma holding familiar é uma das modalidades de planejamento sucessório e um dos meios mais eficazes e econômicos para se realizar a antecipação de herança e preservar a perenidade dos bens.
Pandemic has taken companies to court to review contracts
No direito privado, em especial, nas relações comerciais, a regra geral, derivada do brocardo latino pacta sunt sevanda, é a de que o contrato deve ser cumprido pelas partes ou, como preferem alguns, tem força de lei entre os contratantes.
Impacts of Covid-19 on Labor Courts – 1 year into the pandemic and the increase in labor lawsuits
Ariadne Fabiane VelosaLawyer at Marcos Martins Advogados The Covid-19 pandemic has led to changes in the labor justice system, as well as in labor relations both in Brazil and around the world. The number of labor complaints registered by the Regional Labor Court of the 15th Region (TRT-15), located in Campinas/SP, has increased by 13% […]
Unconstitutionality of PIS and COFINS on presumed ICMS credit
Pedro Rezek Andery AltranLawyer at Marcos Martins Advogados The Federal Supreme Court has ruled that it is unconstitutional to demand PIS and COFINS on presumed ICMS credits. Presumptive credits are benefits offered by states with the aim of encouraging a certain sector, generating a reduction in tax expenditure. For example, states grant presumed ICMS credits […]
Business Law Podcast episode #2 – Tax Recovery
The second episode of the “Right to Business” Podcast is now available! Did you know that more than 95% of companies pay too much tax? Lawyer Ângelo Ambrizzi, a specialist and head of our firm’s tax practice, comments on the tax recovery process in the corporate world. With good tax planning, it is possible to […]
