The tax authorities' position in the Cosit Query Solution {Advisory Opinion, No Action Letter} 164 is a first step in recognizing the right to tax credits for personal protective equipment against covid-19.
Although the Superior Court of Appeals had defined that the concept of an input must comply with the criteria of essentiality or relevance, administrative and judicial decisions have denied the right to credit as they did not consider certain types of expenses as to be inputs.
To claim the influence of aspects such as the impact of a judicial decision on public accounts requires care in the application of the law, under penalty of accepting that the judiciary takes on a typical function of the Legislative Power.
The measures will be effective for the term of the energy auction contract won by the applicant or until December 31, 2032, whichever occurs first.
Law 6999/21, urban recovery, exemption of tax credits in RJ, suspension of tax credits in RJ, Social Lease Program, real estate market in Rio
Interpretation of the Irs is favorable to taxpayers, because it recognizes the application of the exemption regime on capital gains earned in the conversion of investment made based on Resolution CMN No. 4373/14 for foreign direct investment, regulated by Law No. 4,131/62.
The collection of funds should be intended for the originally established purpose, and shall not be provided to the general cost of public administration
STF reviews controversy on the subject and may recognize unconstitutionality of increased ICMS rates for essential products.
Although it reaffirms the case law of higher courts, the Federal Supreme Court's decision has an impact on all ICMS taxpayers (even without legal action), since it purges from the Brazilian legal system a rule declared unconstitutional.
Despite the decision, many states, such as Rio de Janeiro, maintain the fee allocated to the Fire Department.
Because it is a tax linked to the state's tax recovery, the deposit for the FOT should only be charged when the RRF, which motivated its institution, comes back into force.
The proposals include changes in Income Tax collection on individuals and corporations and the taxation of profits and dividends.