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Category: Sem categoria
Amendments to the Repetro-Sped regulation
The Repetro-Sped (IN RFB 1,778/2017), the special tax and customs regime for the economic use of goods destined to exploration, development and production of oil and natural gas, as well the Temporary Admission (IN RFB 1,600/2015) and the former Repetro regimes (IN RFB 1,415/2013), were amended by Normative Instruction RFB 1,880, published on 5 April 2019. Some of […]
LEAL COTRIM attends “Priority Projects and Fast Track to Key Markets”
Between April 2 and 4, Leal Cotrim will participate in the event “Priority Projects and Fast Track to Key Markets”, which will take place in Norway. There, Leal Cotrim will present various legal aspects of the Brazilian O&G sector and interact with some players in the Norwegian market. […]
STF concludes trial on tax immunity of charitable organizations
The Brazilian Supreme Court (“STF”) has declared unconstitutional a law that establishes conditions for the recognition of charitable organizations social security contributions immunity. According to STF, said conditions can only be set forth by complementary law. The STF concluded the judgment of the direct action of unconstitutionality (“ADI”) No 2028 on 8 May 2017, when the […]
Stock Option • CARF decides on the incidence of Social Security Contributions and Withholding Income Tax
The High Chamber of the Administrative Panel of Tax Appeals (“CARF”), with the quality vote cast by its Chairman, has understood by majority of votes that the social contribution over the payroll shall levy over the difference between the amount stipulated in the stock option agreement at the time of its execution and the market […]
CONCILIA RIO • Reduction of fines and interests for debtors of the Municipality of Rio de Janeiro
The so-called “Concilia Rio” program has been reopened, allowing the payment of debts to the Municipality of Rio de Janeiro with the reduction of fines and interests. Taxpayers interested in joining Concilia Rio must submit the corresponding application no later than by 30 September 2017, according to Municipal Decrees No 43.320 and 43.321, as of […]
Special Tax Regularization Program (PERT) • MP 783/17
The Federal Government has recently launched the Special Tax Regularization Program (“PERT”), which grants incentives for taxpayers to pay their federal debts, irrespective of whether they are registered already. The taxpayer may opt for one of the several payment plans, each one comprising a different combination of benefits, such as the possibility to pay the […]
New rules applicable to the federal Public Administration contracting with suppliers of services
The Ministry of Planning, Development and Management has set forth new rules for contracting the supply of services under the regime of indirect execution by the federal Public Administration (direct, autarchic and foundational). Said new rules reveal a concern of the Public Administration about public procurement procedures. On 26 May 2017, the Ministry of Planning, […]
Áurea Cotrim speaks at Energy Summit 2016
The 17th Edition of the Energy Summit was held on 19 and 20 September 2016, at Hotel Maksoud Plaza, in São Paulo (http://www.informagroup.com.br/energysummit/pt). […]
Brazil shall soon become a Contracting State of The Hague Apostille Convention. But what will really change?
On 6 July 2015, Legislative Decree No 148, signed by the President […] […]
The Superior Court of Justice has defined a deadline for Audit Courts to demand evidence of regular use of public funds
The Superior Court of Justice (STJ) has recently dealt with a matter […] […]
CARF asserts that international treaties for the avoidance of double taxation do not impede taxation on the revenues of Brazilian companies resulting from profits accrued in foreign subsidiary
In three proceedings concerning the taxation of profits accrued to foreign subsidiaries of Brazilian entities, the Superior Chamber of the Administrative Panel of Tax Appeals (CARF) has decided that the treaty for the avoidance of double taxation between Brazil and The Netherlands does not preclude the taxation of the Brazilian entity, in accordance with domestic […]
REPORTO and RETID are extended to 2020 and 2032
On 31 May 2016, the Federal Revenue Services (RFB) published Normative Instruction 1,644/2016, which extends the validity of tax benefits set forth in the so-called Tax Regime for Incentive to the Modernisation and Enlargement of Ports Structure (REPORTO) and in the so-called Special Tax Regime for the Defence Industry (RETID). The REPORTO was created by Law 10,033/2004 […]
Law allows payment of federal taxes with real estate
On 18 July 2016, Law 13,313/2016 was published, which provides for the possibility of offering real estate property to pay off, in kind, debts included in the outstanding debt of the Union. Said law, that resulted from the conversion of MP 719/2016, makes effective the rule set forth in the National Tax Code in 2001 (art. 156, IX). […]
The Federal Supreme Court (STF) has not yet issued a ruling
On 10/08/2014, the Full Bench of the Federal Supreme Court continued the trial of Extraordinary Appeal No. 240.785, after almost 16 years, in which the constitutionality of including the ICMS in the tax base for COFINS was discussed. At that trial, the prevailing understanding was that the ICMS cannot be included in the tax base […]