Tiago Aparecido da Silva
Lawyer at Marcos Martins Advogados
Many companies are still surprised by tax assessment notices issued by the state tax authorities, invalidating ICMS credits, due to the declaration that a supplier is unfit, the effects of which are applied retroactively.
In situations like this, it is essential to have all the documentation proving that the transactions took place, so that it is possible to demonstrate receipt of the goods and their respective payment, together with the presence of the purchaser’s good faith.
Following these premises, a company established in São Carlos obtained a favorable decision in the case in which it sought recognition of the right to maintain ICMS credits, with the following excerpt from the ruling being worth highlighting:
Therefore, having demonstrated the effective realization of the purchase and sale operations with the company declared unfit by the Tax Authorities and having characterized the good faith of the plaintiff, the fine is undue, as well as the principal, since it could take advantage of the ICMS credits arising from the operation.
Companies must be aware of the requirements for each operation and be in line with the most up-to-date understanding of tax issues in order to avoid undue charges.
Marcos Martins Advogados puts its tax team at your disposal for further clarification on this subject.
