Decree reducing IPI preserves Manaus Free Trade Zone, but legal uncertainty remains
Tiago SilvaLawyer at Marcos Marcos Advogados On August 24, 2022, the Federal Government published Decree No. 11.182/2022, raising the IPI rates on 109 products, in order to comply with the STF’s decision to preserve the Manaus Free Trade Zone, but the legal uncertainty still doesn’t seem to be over. The imbroglio surrounding the IPI exemption […]
IRS bans compound interest on tax credits
The article “Receita Federal prohibits compound interest on tax credits”, by lawyer Bárbara de Alcântara Mattos, is featured on the Monitor Mercantil portal. The Federal Revenue Service has banned the incidence of interest on interest in tax offsetting. In this context, companies that use tax credits will notice changes in relation to their remaining balance. […]
Federal Regional Court of the 3rd Region dismisses income tax claim on debts received by notary publics
Rafael ZanchettinLawyer at Marcos Martins Advogados The amounts of debts received by protest notaries and subsequently passed on to creditors do not constitute taxable income, and any requirement for income tax (IRPF) on these amounts is undue. In a recent ruling by the 3rd Panel of the Federal Regional Court of the 3rd Region, it […]
Supreme Court decision authorizes collection of mineral exploration fees
Tiago SilvaLawyer at Marcos Martins Advogados The Federal Supreme Court, when analyzing lawsuits involving the states of Amapá, Minas Gerais and Pará, considered the collection of mineral exploration fees to be valid, thus guaranteeing the maintenance of an annual revenue for these states that exceeds R$1 billion. Justice Luís Roberto Barroso disagreed with the position […]
Federal Revenue Service bans compound interest on tax credits
Bárbara de Alcântara MattosLawyer at Marcos Martins Advogados The Federal Revenue Service has banned interest on interest in tax offsetting. In this context, companies that use tax credits will notice changes in relation to their remaining balance, corrected due to the understanding brought about by Consultation Solution No. 24/2022. The calculation method adopted by the […]
Superior Court of Justice rejects National Treasury’s request for online seizure before summons
Isabela Magalhães RodriguesLawyer at Marcos Martins Advogados Recently, in a unanimous decision handed down by the Superior Court of Justice (STJ), taxpayers won an important victory in a decision that rejected the National Treasury ‘s request for online seizure prior to service of process. The ban on blocking actions via SISBAJUD, known as “stubbornness”, before […]
Tax uncertainties in transactions involving NFTs
The article “NFTs: how to reduce tax uncertainties?”, by lawyers Angelo Ambrizzi and Aline Augusta de Menezes, is featured on the MTI Tecnologia Portal. Although the scenario is not entirely new, technological innovations are happening at a speed that is difficult for regulations, standards and rules to catch up with. In the tax sphere, it’s […]
Tax uncertainties in transactions involving NFTs
Aline Augusta de MenezesLawyer at Marcos Martins Advogados The use and trading of NFTs, the acronym for “Non-Fungible Token”, or rather “non-fungible tokens”, has grown abruptly in recent years, especially with world-renowned artists and sportsmen who have started to adhere to a virtual and exclusive collectible item on their social networks, such as little monkeys […]
CARF authorizes offsetting of tax losses without the 30% barrier
Fábio BernardoLawyer at Marcos Martins Advogados In a recent ruling in favor of the taxpayer in a case involving the extinction by merger of the company AES Tietê Energia S.A – CARF ‘s Superior Chamber of Tax Appeals removed the 30% limit on offsetting tax losses and the CSLL calculation base. Several companies have already […]
Federal Public Prosecutor’s Office is in favor of excluding ICMS-ST from the PIS and COFINS calculation base
Rafael ZanchettinLawyer at Marcos Martins Advogados The exclusion of ICMS-ST from the PIS and COFINS tax base has gained enormous relevance in the legal and accounting circles, in view of the possibility of huge financial amounts being refunded by companies. The thesis, which is still pending judgment by the Superior Court of Justice, gained momentum […]
