STF rules that ITCMD is not levied on donations and inheritances of assets abroad
Last Friday (26.02) the Supreme Federal Court concluded the trial, in terms of general repercussion, regarding the collection of ITCMD on assets abroad. By majority vote of the Plenary, it was decided that the States cannot collect the tax on donations and inheritances originating from abroad. The majority of the ministers understood […]
The sale of assets in the new text of the Judicial Recovery and Bankruptcy Law
By: Vitor Antony Ferrari and Ivan Kubala The sale of assets has proven to be an advantageous tool for obtaining resources and restructuring companies undergoing judicial recovery, as we have already highlighted in an article published on the topic “The advantages of selling assets through Isolated Production Units as a means of Judicial Recovery”[1]. In this […]
Presidential Vetoes on the amendment of the Judicial Recovery Law must be discussed in Congress by 03/04/2021.
By: Vitor Antony Ferrari and Ivan Kubala The text of Law No. 14,112/2020 was published in the Official Gazette of the Union on December 24, after being sanctioned by President Jair Bolsonaro with partial vetoes, and has been in force since the end of January this year with regard to the sanctioned text. The presidential vetoes addressed the […]
States will no longer be able to charge DIFAL ICMS on e-commerce, Supreme Court rules
Another important trial took place this Wednesday (24.02) in the Plenary of the Supreme Federal Court, on a highly anticipated topic: the unconstitutionality of the collection of additional ICMS by the States in electronic commerce, known as differential rates or “Difal”. The trial was based on the analysis of two cases, one of general repercussion (RE […]
STF rules on the constitutionality of including ICMS in the CPRB calculation basis
In a trial held on Tuesday (23/02), the Supreme Federal Court (STF) ruled that ICMS should be included in the calculation basis for the Social Security Contribution on Gross Revenue (CPRB). By a vote of seven to four, this was the thesis approved by the Plenary of the Supreme Court when judging RE No. 1,187,264. The majority of […]
Judicial Recovery Plan by Creditors
By: Vitor Antony Ferrari and Ivan Kubala As is well known, the text of Law No. 14,112/2020 is in force, with the exception of the vetoes by President Jair Bolsonaro, which will be submitted for further deliberation by the National Congress. However, in general, the aforementioned rule, despite being recent and not having been put into practice in a […]
Federal Revenue Service admits PIS and COFINS credits on waste treatment expenses
Since the STJ assessed the concept of input for PIS and COFINS crediting purposes, establishing the criteria of relevance or essentiality, it has been noted that the Federal Revenue has increasingly adopted less restrictive interpretations. It is in this context that expenses, until then not admitted for generating credits, have been assessed under the […]
National Consumer Secretariat and ANPD discuss agreement to protect consumer data
By: Leonardo Neri Last Monday (15), the National Consumer Secretariat (Senacon/MJSP) and the National Data Protection Authority (ANPD) met to continue negotiations on an agreement aimed at protecting consumer data, called the Technical Cooperation Agreement (ACT). The agreement provides for the sharing of information by Senacon to […]
Declaration of Brazilian Capital Abroad
By: André Jerusalmy We inform you that as of today, February 15, the deadline for submitting the declaration of the Census of Brazilian Capital Abroad (“CBE”) is open, in which residents in Brazil must declare to the Central Bank the existence of values of any nature held outside the country, including assets, rights, instruments […]
Data leak exposes over 100 million mobile phone accounts
By: Leonardo Neri After the recent episode of the mega leak of personal data of more than 220 million people (see https://www.mazzuccoemello.com/policia-federal-investiga-o-maior-vazamento-de-dados-da-historia-do-brasil/), a new data leak was discovered that may have resulted in the exposure of more than 100 million cell phone accounts. According to information released by a cybersecurity company, the leaked personal data was available […]