PIS, COFINS and ISS should not be part of the ISS calculation base
In a recent decision, the São Paulo State Court of Justice (TJSP) recognized that PIS, COFINS and ISS should not be included in the calculation basis of the Services Tax (ISS). This position is important for companies providing services, as it reinforces the understanding that has been forming in the judiciary about the concept of […]
Donated or inherited property should not be subject to income tax
As you know, the law stipulates that income tax must be levied on income and capital gains. In the case of donations and inheritance transfers, the Federal Government takes the view that if there is an increase in the value of the property compared to the value previously declared by the donor or the deceased, […]
Taxing agribusiness: Tocantins ruling is unconstitutional
Agribusiness is a vital sector for the Brazilian economy, with exports totaling US$ 159.09 billion in 2022 alone. In view of this considerable volume, there has been much debate about the amount of tax to be applied in these negotiations – which recently led to yet another controversy in the state of Tocantins over the […]
State of São Paulo reduces ICMS to stimulate economy
The Governor of the State of São Paulo recently signed 11 decrees with the aim of reducing the cost of production for companies and, consequently, stimulating the economy of the State of São Paulo in order to recover from the impacts caused by the pandemic. Among the benefits were measures that significantly reduce the collection […]
Intra-workday breaks: what changes with the decision of the Superior Labor Court?
All employees hired under the Labor Code (CLT) are entitled to an intra-day break as a rest period so that they can rest or eat during their working hours. In a new ruling by the Superior Labor Court (TST), however, it was made possible for companies to adapt what had previously been agreed to the […]
Companies must approve their financial statements by April 30
The approval of accounts is a legal obligation applicable to all companies under Law 6.404/76 (“Corporate Law”, art. 132) and the Civil Code for limited liability companies (art. 1078). Every year, no later than 4 months after the end of the financial year, the company’s directors must approve the financial statements, resolutions on the allocation […]
DCBE can now be submitted and the deadline is June 5th
Any individual or legal entity domiciled or resident in Brazil that has assets outside the country worth US$1 million or more on the base date of December 31, 2022, is obliged to file a Declaration of Brazilian Capital Abroad (DCBE) with the Central Bank of Brazil (BACEN), the deadline for which is April 5 of […]
Deadline for signing up to the new discounted transaction mode starts today
The new deal proposed by the Attorney General’s Office starts today, March 6th. Debts registered as active federal debt with a consolidated value of up to R$50 million will be eligible for negotiation with discounts. The conditions of the transaction, such as discounts and deadlines, will be verified on the basis of the taxpayer’s classification, […]
Supreme Court decision on taxation creates legal uncertainty
Angelo Ambrizzi, lawyer at Marcos Martins Advogados. The tax scene is in turmoil after a ruling by the Federal Supreme Court (STF) authorized the “breaking” of final and unappealable court decisions – especially those that recognized the non-mandatory payment of certain taxes. The decision was unanimous. In practice, taxpayers who have a final and unappealable […]
New CIPA legislation: what changes for companies?
Mariana Saroa de Souza, lawyer at Marcos Martins Advogados. Law 14.457/22 brought innovations to CIPA, which is now called the Internal Commission for the Prevention of Accidents and Harassment. The new guideline is part of the Emprega + Mulheres Program, which amends the Consolidation of Labor Laws (CLT) with the aim of encouraging the hiring […]
