São Paulo federal court limits third-party contributions to a ceiling of 20 minimum wages
The judge of the 1st Federal Court of São Bernardo do Campo granted a preliminary injunction to limit contributions owed to third parties, such as those to SISTEMA S, INCRA and salário-educação, to the ceiling of 20 minimum wages. The discussion on the limitation of contributions to third parties is not new, so much so […]
Taxing the super-rich: closed-end funds face tax changes in Brazil
Provisional Measure 1184/23 was published , which provides for income tax to be levied in advance on income from funds closed within the country, the so-called onshore funds. Currently, the income tax rate on closed-end funds is 15%, levied only on the redemption of shares or amortization. The current form of taxation allows investors to […]
CARF allows rural producer to use tax benefit
The Superior Chamber of the Administrative Council for Tax Appeals ( CARF) has authorized a rural producer to benefit from accelerated depreciation in relation to sugarcane plantations, which allows for a significant reduction in the calculation of Corporate Income Tax (IRPJ) and Social Contribution on Net Profits (CSLL). The decision in favor of the taxpayer […]
Commissions paid to real estate brokers do not constitute taxable income for the real estate company
The Administrative Council for Tax Appeals (CARF) ruled that Corporate Income Tax, Social Contribution on Net Profits, PIS and COFINS should not be levied on amounts received by self-employed brokers when selling real estate. The unanimous decision considered that the commissions paid by the buyers of the properties directly to the brokers do not constitute […]
CARF decision authorizes taxpayer to take PIS/COFINS credits on packaging materials
Packaging that preserves the physical integrity of the product is part of the taxpayer’s production chain. This was the argument accepted by the 3rd Panel of the Higher Chamber of CARF (Administrative Council for Tax Appeals). In a decision , CARF allowed the use of PIS/COFINS credits on packaging material, stating that the wrappings were […]
National Treasury Attorney General’s Office opens new possibility to negotiate debts registered as active federal debt
A new transaction option for federal debts registered as overdue liabilities came into force this June under PGDAU Notice 03/2023 and runs until September 29, 2023. It will be possible to include debts registered as an active debt of the Union whose consolidated value is equal to or less than R$ 50,000,000.00 (fifty million reais), […]
The possible refund of ITBI calculated on the property’s market value
The Superior Court of Justice, under the rite of repetitive special appeals (Theme 1.113), established three theses regarding the calculation of Real Estate Transfer Tax (ITBI) in purchase and sale transactions. The decision put an end to a long-standing discussion on how the tax should be levied, especially since the amount stipulated by the municipalities […]
Court recognizes right to use PIS and COFINS credits on LGPD expenses
In a recent and groundbreaking decision, the Federal Regional Court of the 2nd Region recognized, in an unprecedented way, the possibility of a company (focused on the technology sector and digital means of payment) taking advantage of PIS/COFINS credits on expenses to meet the requirements of the General Data Protection Law (LGPD). The decision of […]
Tax Transactions make it possible to renegotiate debts with the Federal Government
The Tax Transaction is a mechanism that allows companies to negotiate tax debts with the Federal Revenue Service, obtaining benefits such as a reduction in interest, fines, legal charges, as well as the use of tax credits and tax losses as a way of repaying the debt. By joining the Transaction, companies have the opportunity […]
TJSP recognizes the generation of ICMS credits on materials that are not consumed immediately and fully in the production process
The decision recognized that a metallurgical company could classify graphite electrodes, a material that is gradually consumed during the production process, as an intermediate product. For the purposes of generating ICMS credits on the purchase of goods by an industry, it must be analyzed whether the product used in the production process is raw material, […]
