The article “CARF authorizes offsetting of tax losses without the 30% lock”, by lawyer Fábio Bernardo, is featured in the Lex Prime newspaper.
In a recent decision favorable to taxpayer AES Tietê Energia S.A., CARF’s Superior Chamber of Tax Appeals removed the 30% lock for offsetting tax losses and the CSLL calculation base.
Several companies had already tried to get rid of the limit through lawsuits, but the STF understands, for normal situations, that the limitation is constitutional.
This recent judgment is the first we have heard of in which a majority was formed in favor of excluding the lock, with a favorable vote from the president of CARF, who is a tax auditor, which shows that the administrative court is leaning towards admitting the thesis defended by taxpayers.
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Click here to read the article published by the Lex Prime newspaper
