Publications | Tax
In Brazil, some proposals go against those adopted by other countries and recommended by the OECD. While abroad the concern is to support businesses’ economic activity, Brazilian legislators discuss how to increase taxes both at the federal and state levels.
The court decision has written a new chapter in the dispute between Brazilian states over the power to levy taxes on imports, in the so-called “war of the ports."
Employers may challenge the imposition of social security contributions on payments to employees dismissed due to the pandemic.
Measure aims to mitigate the influence of these transactions in the Brazilian foreign exchange market and reduce operating costs, especially those related to margin deposits.
STJ changes the calculation base for import duties. Our lawyers analyze the impacts from this reversal in the court's position, after a decision favorable to taxpayers was handed down three years ago.
The Ministry of Economy issued Ordinance No. 103/20 authorizing the Attorney General of the National Treasury to adopt a set of measures to suspend collection activities and facilitate renegotiation of overdue tax debts due to the coronarvirus pandemic (covid-19).
Court decision may end the confusion that led the issue to be reviewed again, avoiding a step backwards and disregard for case law settled more than 20 years ago.
Some courts have suspended public service, hearings, and in-person sessions. See the rules promulgated thus far.
ME Ordinance No. 13/20, issued on February 13, made a series of amendments to MF Ordinance No. 479/00, which deals with the accreditation of financial institutions to provide federal revenue collection services.
On February 19, the Joint Commission for Executive Order No. 899/19 approved the text of the bill to convert the Executive Order (MP) in law, which is now to be voted in the Chamber of Deputies. The so-called Taxable Person MP was published on October 17, 2019, with the purpose of regulating tax transactions, which has been admitted by the National Tax Code for over 50 years. The measure aims to reduce tax litigation and to fill the public coffers for debts deemed irrecoverable or difficult to recover.
Since the Federal Supreme Court (STF) recognized, in 2016, the right to a refund of the difference in the Tax on Circulation of Goods and Services (ICMS) paid in excess of the tax substitution regime when the actual tax basis of the transaction is lower than the presumed one (Extraordinary Appeal (RE) No. 593.849) there has been discussion of whether the states of the Federation, supported by the same precedent, could charge the ICMS-ST supplement in transactions where the actual amount of the transaction is higher than the presumed amount.
The illegality of the rule that requires the taxation of deferred amounts upon change of CIT regimes
Section 54 of Law n.9,430/96 (Law 9430) provides that legal entities that adopt the presumed profit regime for purposes of corporate income tax (CIT) shall, in the first calculation period in which they are subject to that regime, submit to taxation the balance of the amounts whose taxation was deferred during the adoption of the real profit regime.
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