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State of Rio de Janeiro sets maximum ICMS rate
New rule is valid for transactions and services with fuels, electricity, communications and public transport and it is aligned with Complementary Law 194/22
Consensual settlement of ICMS shares on contracted claims
PGE-RJ regulates procedures for cases have become final.
Maintenance of seizure via BACENJUD system
In a unanimous judgment, the 1st Section of the Superior Court of Justice (STJ) granted the claim of the National Treasury to reaffirm its position regarding the possibility of maintaining the seizure of bank deposits via the BACENJUD system even though the taxpayer subsequently is enrolled on a program to pay such tax credit executed in installments.
STJ affirms the position that the customs review are possible regardless of the clearance verification channel elected
Taxpayers were surprised earlier this year by an important decision of the Superior Court of Justice (STJ) in the case file of Special Appeal 1.826.124/SC. The 1st Class of the Court unanimously recognized the possibility of customs review even after the customs clearance has been submitted to conference procedures (i.e., having gone through inspection channels that require more detained analysis of imported goods). The decision is in line with what has been strongly defended by taxpayers, especially in cases relating to the tax classification of products.
How to tax NFTs
Defined as the "word of the year" of 2021 by Collins Dictionary, the NFT, acronym for the term Non-Fungible Token (or, in Portuguese, ”token não fungível”), has increased the attention from entrepreneurs and investors in recent years.
Unstable case law on the application of isolated fines simultaneously with ex-officio fines
The current scenario in the Brazilian Administrative Tax Appeals Court (Carf) is marked by uncertainties, with decisions defending accumulation of fines and others in the opposite direction. The understanding of the Supreme Court and the Superior Court of Appeals is based on the doctrine of absorption for situations of concurrent levies, although Carf needs not observe it.
Inheritances and donations from abroad are not subject to ITCMD until a complementary law is passed by the Brazilian Congress
The Brazilian Supreme Court softened the effects of the decision that recognized as unconstitutional levying of the tax by the states and decided that they are effective as of April 21, 2021.
Levy of social security contributions on amounts paid to minor apprentices
For the tax authorities, young apprentices are linked to the Brazilian General Social Security Regime and compulsorily insured, which justifies the requirement of social security contributions. But decisions to the contrary have been handed down in federal courts.
Transactions in cases of goodwill
The new rule defines the types of debt that can be negotiated and the obligations to be fulfilled by the taxpayer who opts for the new kind of settlement.
Complementary law regulates single-phase collection of ICMS on fuels
Tax will focus once on the supply chain and should be collected by producers or importers.
ICMS Agreement regulates single-phase ICMS collection on diesel oil
Fixed rate of R$ 1,006 on liter of diesel begins to be charged on July 1. States were also allowed to use equalization factors of the tax burden.
STF declares valid the rule that prevents the Federal Revenue Service of Brazil from sending tax representations for criminal purposes to the MPF before the final administrative decision
The reporting judge, Justice Nunes Marques, found that the rule meets the principle of reasonableness, and most justices followed him.
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