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Legal Intelligence
Tax
Fine of 50% on tax compensation not approved is unconstitutional
The Federal Supreme Court (STF) concluded, on March 17, the judgment of Extraordinary Appeal 796.939 / RS (Theme 736 of the General Repercussion) in the virtual plenary. At the time, the Court analyzed the constitutionality of the isolated fine of...
The CFEM and the collection of PIS and Cofins
The Federal Constitution instituted the Financial Compensation for Mineral Exploitation (CFEM) – more commonly known as "mining royalties" – as a consideration for the economic use of mineral resources (Union assets) to be collected by the...
New Brazilian transfer pricing policy
The Chamber of Deputies approved, on March 30, the conversion project of Provisional Presidential Decree 1,152/22 (“MP 1,152/22”), which introduced the new Brazilian transfer pricing policy. Among the innovations in the conversion process, the...
ICMS tax incentives can be extended for 10 years
The Complementary Law Project (PLP) No. 79/2023, presented in the Federal Senate on March 30, 2023, allows the extension of the term of the tax and financial-tax incentives of ICMS (Tax on the Circulation of Goods and Services) reinstituted under...
Collective applications for mandamus brought by associations
The filing of an application for mandamus by associations has become increasingly common in the area of tax law. The existence of a favorable final and unappealable decision, capable of benefiting all members regardless of their date of membership,...
The new Brazilian transfer pricing policy
Provisional Presidential Decree 1,152 (“MP 1,152/22”), published on December 28, 2022, introduced the new Brazilian transfer pricing policy, in line with the guidelines of the Organization for Economic Cooperation and Development (OECD) and the...
Unconstitutionality of 50% fine on unapproved tax offsets
The Federal Supreme Court (STF) concluded, on March 17, the judgment of Extraordinary Appeal 796,939/RS (Theme 736 of the General Repercussion) in the virtual plenary. At the time, the Court analyzed the constitutionality of the isolated fine of...
Trilogy: Carf outlook in 2022 and perspectives for 2023
The trilogy on the main topics analyzed in each of the three panels of the Superior Chamber of Tax Appeals (CSRF) of the Administrative Board of Tax Appeals (Carf) in 2022, we analyze in this article the cases decided by the 3rd Panel of the CSRF...
Trilogy: Carf outlook in 2022 and perspectives for 2023
The Administrative Council of Tax Appeals (Carf) started 2023 with changes and the expectation that great challenges will be solved. The body is already under the leadership of a new chairman, Carlos Higino Ribeiro de Alencar, appointed on January...
Carf's outlook in 2022 and prospects for 2023
Challenge and innovation were words that certainly represented the year 2022 for the Administrative Council of Tax Appeals (Carf). The first months of the year were marked by stoppage of the judgment sessions due to the adherence of part of the...
Federal Government presents a new package of fiscal recovery measures
On January 12th of this year the federal government published Executive Order 1,160/23 and PGFN/RFB Joint Ordinance 1/23, which bring in a series of proposals for reducing the primary deficit. The package of measures, called "Zero Litigation",...
Discount on AFRMM rates is revoked
Decree 11,374/23, published on January 2nd of this year, revoked the Decree 11,321/22, of December 30, 2022, which had established a 50% discount for the rates of the Additional Freight for the Renewal of the Merchant Navy (AFRMM)...
Reduction os PIS and Cofins rates on financial revenues is revoked
Published on December 30, 2022, the Decree 11,322/22 reducedPis and Cofins rates levied on financial revenues from companies subject to the non-cumulative regime. The rates went from 0.65% and 4% to 0.33% and 2%, respectively. According to the...
Carf's understanding on taxation of cost sharing
Legal entities depend on a range of auxiliary activities to make their businesses viable, such as legal and information technology services, advertising, accounting, human resources, and others. To rationalize management, simplify procedures, and...
The requirement of the relevance of the special appeal
Constitutional Amendment 125, promulgated on July 14, 2022 (EC 125/22), introduced a new requirement for admiting the special appeal by the Superior Court of JUstice: demonstration of the relevance of the issues of federal law...
Main changes implemented by MP 1,137
Executive Order 1,137, published on February 21 of this year, introduced a zero rate for withholding income tax (IRRF) on income paid to foreign investors. The goal is to attract foreign credit and encourage the issuance of private debt securities....
Taxation of electric vehicle recharging
In recent years, incentives for electric and electrified vehicles, such as hybrids and plug-ins, have become increasingly common. This is because these vehicles are seen as a way to tackle the climate crisis by reducing greenhouse gas emissions....
The proposal of the Taxpayer's Defense Code
The climate of antagonism experienced between the tax administration and the taxpayer favors the maintenance of a conflict relationship between the two parties. The construction of a new paradigm presupposes reducing the distrust of the taxpayer in...
The return of Carf's in-person sessions
The month of July in the Administrative Board of Tax Appeals (Carf) was marked by the long-awaited return of in-person judgment sessions, after more than two years of exclusively virtual sessions. The 1st Panel of the Superior Chamber of Tax...
Carf regulates in-person and hybrid judgment sessions
After a little over two years without in-person sessions due to the pandemic, the Administrative Board of Tax Appeals (Carf) has resumed in-person work, now under new management, presided over by Board Member Carlos Henrique de Oliveira. The first...
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