TJSP dismisses collection of ITCMD from person residing abroad
The 3rd Chamber of Public Law of the São Paulo State Court of Justice ruled that the ITCMD (Causa Mortis and Donation Transfer Tax) should not be levied on donations of assets located in Brazil when the donors are resident or domiciled abroad. In the case under discussion, the donor has not resided in Brazil […]
Federal Revenue Office extends deadline for signing up to tax debt self-regularization program
Brazil’s Federal Revenue Service has extended the deadline for adherence to the incentivized self-regularization program for tax debts resulting from exclusions from real profit made in disagreement with the provisions of article 30 of Law No. 12,973/2014. Article 30, which has now been repealed, regulated the treatment of investment grants, establishing conditions and requirements for […]
Res judicata: STF denies temporal modulation and exempts taxpayers from punitive fines
The Federal Supreme Court (STF) has upheld the “breaking” of res judicata in tax matters. This means that it has authorized the retroactive collection of taxes not paid in the past by virtue of a final court ruling. The Court also did not accept the motions of companies seeking to modulate the effects of the […]
Tax glossary: a complete guide to understanding tax language
The complexity of Brazilian tax legislation is an undeniable fact. In this sense, there are many terms in the tax field and understanding this language can be a challenging process. Understanding tax language is fundamental to correctly interpreting tax laws and regulations and making strategic decisions on financial and tax issues. In order to guide […]
Agricultural pesticides: judgment on tax benefits will be taken to the STF’s plenary session
STF Justice André Mendonça asked for a ruling on the case that analyzes the maintenance of exemptions and incentives for various types of pesticides. As a result, the score, which had been in favor of agribusiness by 4 votes, was reset to zero, and the Justices rectified their votes in the physical plenary session. The […]
Minas Gerais government establishes plan to settle ICMS debts
The Government of Minas Gerais has published Decree No. 48.790/2024, which establishes a plan for the regularization of tax credits in the state. The Decree provides for the possibility of settling ICMS debts, fines and other legal additions, with triggering events occurring up to March 31, 2023. Eligible for regularization are debts that have been […]
Zero Litigation Program 2024: opportunity to negotiate debts of up to R$ 50 million
The Brazilian Federal Revenue Service has issued Notice of Settlement 01/2024, reopening the “Zero Litigation” benefits program. With the program, individuals and companies can settle their tax debts with significant discounts on fines and interest. The program is a facilitator in the quest to resolve disputes between taxpayers and the tax authorities, providing a more […]
ITCMD: Bill proposes progressive rates in the state of São Paulo
In February, Bill No. 7/2024 was presented to the São Paulo State Legislative Assembly (ALESP), proposing a change in the rates of the Causa Mortis and Donation Transfer Tax (ITCMD) in the state of São Paulo. Currently, the state has a fixed rate of 4%. The bill aims to meet the requirement established in Constitutional […]
CNJ resolution regulates the extinction of tax foreclosures of up to R$10,000.00
The National Council of Justice (CNJ) recently issued a normative act determining the extinction of tax debts with a value of up to R$10,000.00. The rule applies to cases that have not been dealt with in the last 12 months, provided that no attachable assets have been found, whether or not the defendants have been […]
Tax transaction in São Paulo: opportunity for companies to settle ICMS debts
For a long time, São Paulo taxpayers had been asking the state tax authorities to implement a special program to settle their ICMS debts. In December 2023, the São Paulo Tax Transaction was instituted, delegating responsibility for regulating the process to the São Paulo State Attorney General’s Office (PGE-SP) through State Law No. 17,843/23. In […]
