In an opinion, PGFN states that ICMS is included in the calculation of PIS/COFINS credits
In an opinion favorable to taxpayers, the Attorney General's Office of the National Treasury (PGFN) stated that it is not possible to exclude ICMS from the calculation basis for PIS and COFINS credits. The PGFN's statement, through opinion no. 14483-2021, was made due to the judgment of RE 574,706, the so-called “thesis of the century”, in which […]
STF: IRPJ and CSLL are not levied on Selic
The majority of the ministers of the Federal Supreme Court (STF) understood that IRPJ and CSLL are not levied on amounts related to the update by the Selic rate received due to the repetition of undue tax debt, reimbursement, restitution and offsetting of tax credits paid unduly or in excess. In the judgment of RE 1,063,187, with general repercussions recognized […]
The end of EIRELI – Impacts of Law 14.195/21
By: André Jerusalmy On September 9, the National Department of Business Registration and Integration (“DREI”), linked to the Ministry of Economy, published Circular Letter SEI No. 3510/2021/ME (“Letter”) addressing all Commercial Boards regarding the tacit revocation of the Individual Limited Liability Company (“EIRELI”) of item VI, art. 44 and art. 980-A and paragraphs, […]
Carbon neutrality and the energy transition
09/21/2021 By Leonardo Neri and Fabiana Porta In December 2015, the international commitment to reduce global warming was approved. The agreement was discussed among 195 countries during the United Nations Climate Change Conference (COP21) in Paris, replacing the Kyoto Protocol. Also ratified by Brazil, the pact […]
WhatsApp suffers second-largest sanction within the European Union
09/17/2021 By Leonardo Neri and Fernanda Lobato After allegedly misusing personal data, Facebook was fined R$1.38 billion by the Irish government. This is the second largest sanction in European history, behind only the R$4.6 billion fine imposed by Luxembourg on Amazon for violating rules regarding […]
New GSF Crisis and Energy Crisis
By: Leonardo Neri At the end of 2020 and after five long years of processing by the National Congress, new conditions for the renegotiation of the hydrological risk of electricity generation (GSF – Generation Scaling Factor) were approved. The GSF measures the hydrological risk, which concerns the volume of energy generated by the plants and its guarantee […]
Privatization of the Post Office
By: Leonardo Neri Recently, Bill 591/2021 was approved by the Chamber of Deputies, which foresees the end of state control over the Post Office, a federal public company linked to the Ministry of Communications and whose purpose is to execute and control, under a monopoly regime, postal services throughout the national territory (article 2, item I […]
Regulation of the LGPD linked to public consultation by the ANPD
By: Leonardo Neri A draft resolution was enacted by the National Data Protection Authority (ANPD), which defined the flexibility of the mandatory appointment of the data protection officer for: small micro-enterprises; startups; non-profit legal entities; small-scale data processing agents (excluding agents of the same […]
(Im)seizability of the guarantor’s property in a lease – Topic 1,127 STF
By Vitor Antony Ferrari and Ivan Kubala* The Supreme Federal Court (STF) is currently processing Extraordinary Appeal 1307334, which specifically addresses the constitutionality of the (non)seizability of residential property owned by a guarantor of a commercial lease instrument. The Judgment already has eight votes, all of which were cast on August 12, and was suspended with […]
Basic text of Tax Reform is approved in the Chamber of Deputies
By 398 votes to 77, the Chamber of Deputies approved yesterday (01.09) the basic text of the tax reform, which provides for several changes in the legislation on Corporate and Individual Income Tax (“IRPJ” and “IRPF”). Among the main measures provided for in the text is the reduction of corporate IRPJ from the current 15% […]