STJ: The use of negative IRPJ and CSLL balances in compensation
The 1st Panel of the Superior Court of Justice (STJ), unanimously decided that the receipt of refund requests and offset statements (PER/DCOMP) related to negative IRPJ or CSLL balances is subject to the transmission of the Fiscal Accounting Records (ECF). Initially, this requirement was provided for by the Normative Instruction of the Federal Revenue of […]
What is transnational insolvency and how is it regulated
By Vitor Antony Ferrari and Ivan Kubala* It is very common for large companies to have headquarters and assets in several countries, marketing their products and services all over the world. However, the internationalization of companies became a problem when, hit by financial crises, they filed for bankruptcy or judicial recovery. The big question was what […]
The IRS and the new Transfer Pricing Rules
In order to regulate the provisions of Law No. 14,596/2023, published in April of this year, the Federal Revenue Service (RFB) published Normative Instruction No. 2,161/2023, which provides for the Transfer Pricing rules applicable to transactions between parties domiciled in Brazil and their related parties abroad. Both regulations come from initiatives by the Government […]
Petrópolis Group: judicial recovery diary
By Vitor Antony Ferrari, Ivan Kubala and Nicoly Crepaldi Minchuerri* As was widely reported by both the specialized press and the mass media, Grupo Petrópolis, a beer group responsible for producing labels such as “Itaipava”, “Petra” and “Lokal”, filed a request for judicial recovery with the Business Court of the city of Rio de Janeiro […]
Federal Government submits Bill on Investment Subsidies
Last week, the Federal Government forwarded to the Chamber of Deputies, dealing with the rules regarding state tax incentives and their use by taxpayers, Bill (PL) No. 5,129/2023, prepared to replace the text of Provisional Measure No. 1,185/23 and encourage consideration of the matter by the Federal Legislature in 2023. This measure […]
GPT Chat and Legal Challenges
By Leonardo Neri Developed by OpenAI, Chat GPT is an advanced AI based on the GPT (Generative Pre-trained Transformer) architecture. The model uses deep learning algorithms to understand and generate text in a more natural and coherent way than previous techniques. Chat GPT is capable of answering questions, writing texts, translating languages, and […]
Chamber approves bill that taxes exclusive funds
Last week, the Chamber of Deputies approved Bill (PL) No. 4,173/2023, which regulates and establishes new rules for the taxation of investments held by individuals abroad, including through offshore companies, trusts and investments in cryptocurrencies (“virtual assets”). As expected, the text of the PL incorporated several provisions of Measure […]
The role of judicial administrators in the RJ process
By Vitor Antony Ferrari, Ivan Kubala and Nicoly Crepaldi Minchuerri* Bankruptcy and recovery proceedings are very large and complex processes, so much so that it is impossible for judges to conduct them without specialized help, even more so when they are responsible for judging hundreds of different cases. In order to guarantee speed and legal certainty to these […]
STJ – Summary of the judgments on tax theses from 10/25
As widely reported, the First Section of the Superior Court of Justice (STJ), the body responsible for unifying precedents on tax issues in that Court, was scheduled to hear important tax cases on October 25. Among the main trials on the STJ’s agenda, we highlight the following deliberations: – Topic No. […]
New deadline for negotiating tax credits for active debt
On October 2, the National Treasury Attorney General's Office (PGFN) published Notice PGDAU No. 4/2023, which extends the possibility for Taxpayers to join Federal Tax Transactions, an institute created to facilitate the negotiation of debts registered as active debt with the Union. There are some modalities that can be joined, divided between […]