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, […]
Agricultural News | Agribusiness taxation: Tocantins ruling is unconstitutional
The amount of taxation applied to agribusiness recently generated yet another discussion in the state of Tocantins about the suspension obtained by the Brazilian Association of Soybean and Corn Producers. The suspension was based on the increase in taxes on exports and outgoing products, alleging that the act was unconstitutional. Click here to find out […]
STF declares unconstitutional fine for unapproved tax offset request
In the recent judgment of Extraordinary Appeal 796.939 and Direct Action for Unconstitutionality 4.905, the Full Bench of the STF recognized the unconstitutionality of the application of an isolated fine for an offset not approved by the Federal Revenue Service, whose general repercussion thesis was as follows: “The isolated fine provided for by law to […]
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, […]
