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Carf's balance sheet in 2020 and prospects for 2021
Taxpayers' expectations revolve around the resumption of the debate on the agency's internal regulations and the modernization of the system used for monitoring the administrative processes.
Sefaz-RJ and PGE-RJ regulate procedures for enrollment into PEP-ICMS
Inclusion of debts in Rio de Janeiro's tax amnesty program ends on April 29. Learn about who is qualified and how to join.
Another chapter of the disregard of legal personality in cases of tax liability
Federal Court decides that an incident of disregard of legal entity applies to the situations regulated by Sections 124 and 135 of CTN, but it does not apply to the situations regulated by Sections 132, 133 and 134 of CTN. The solution to the controversy is not definitive. Thesis to be set by the higher courts shall be applicable throughout the national territory.
Tax settlement in the State of São Paulo
New regulation lay down criteria for entering into tax settlements in the State of São Paulo and for rating taxpayer debts based on recoverability. Check the discounts granted in each case.
Speed vs. full exercise of defense in small-value federal administrative tax litigation
With the adoption of a special procedure for deciding administrative tax proceedings for small amounts, Law No. 13,988/20 ended up sacrificing important constitutional principles for procedural practice, focusing on speed of review at the expense of full exercise of rights of defense.
Federal Consultation Proceeding 145/2020 and the Return of the Discussion on Investment and Cost Subsidies
Federal tax authorities change their position and reintroduce the discussion on the qualification of state ICMS tax incentives as taxable per Corporate Income Taxes, which has been closed after the enactment of Supplementary Law No. 160, of 2017.
State of São Paulo restores tax benefits
Five decrees change the ICMS Regulation and affect transactions with electricity, generic drugs, fruit and vegetables and agribusiness supplies.
Covid-19: Federal Revenue Service clarifies the limit for deduction of social security contributions for employees on leave
Interpretation given in Cosit Consultation Solution No. 148/20 contradicts Law No. 13,982/20, which did not condition the benefit of deduction on the granting of sick benefits to employees on leave due to covid-19.
STJ will decide regarding the limitation on the taxable base for contributions of third parties
There is discussion regarding the validity of article 4, sole paragraph, of Law No. 6,950/81 with respect to a limitation on the taxable base for third party and social security contributions to 20 times the highest minimum wage in force in Brazil.
State of Rio de Janeiro grants tax amnesty
Law authorizes Rio de Janeiro to reduce legal penalties and late payment surcharges for ICMS, IPVA, and ITD debts occurring up to August 31.
Writs of mandamus and the possibility of withdrawal at any time
The administrative act in dispute is already endowed with self-execution. With the withdrawal of the claim, its legality is confirmed.
Federal circuit courts differ on the timing of the levy of IRPJ and CSLL on offsetting recognized in court
Are those taxes due after the decision has become final regarding the right to claim an offset of tax credits, when the credit is authorized at the administrative level, or when the offset statements are transmitted? The Superior Court of Appeals will have the final say on the subject.
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