Changes to the new Code of Best Corporate Governance Practices
By Fernanda Lazzarini* The 6th edition of the Brazilian Institute of Corporate Governance (IBGC) Code of Best Corporate Governance Practices aims to contribute to the sustainable development and transparency of organizations by encouraging the conscious and effective use of corporate governance instruments. The document includes five principles: […]
Limits on compensation for moral damages are parameters, not ceilings
By Rafael Mello and Israel Cruz The Brazilian Supreme Court (STF), in which the majority of ministers determined that labor compensation for moral damages may exceed the limit established in the Consolidation of Labor Laws (CLT). The prevailing interpretation was that the amounts determined by the legislation serve as a guide, and not […]
Launch of PAC Selections
By Moema Giovanella* On August 11, the federal government presented and published in the Official Gazette of the Union the third Growth Acceleration Program – PAC, established by Decree 11.632/23, aiming at economic growth in Brazil through the incentive of private investments and increased public investments in the infrastructure sector. The investments […]
'Resolve Já' program is approved by Alesp
Last Wednesday (27/09), the Legislative Assembly of the State of São Paulo (Alesp) approved Bill (PL) No. 1,246/2023, a regulation that aims to establish the program called “Resolve Já”, an initiative of SEFAZ-SP with the objective of bringing better conditions for the negotiation of ICMS debts between the São Paulo Tax Authority and the Taxpayer of […]
E-Social: Labor Processes must be reported in the system from October
By Rafael Mello and Israel Cruz As of October 1, 2023, social security and social contributions resulting from convictions or approvals issued by the Labor Court must be recorded in eSocial and confessed in DCTFWeb – Labor Complaints. It is worth mentioning that this date was confirmed by the Brazilian Federal Revenue Service (RFB) […]
Approval of Bill 2.646/20 by the Senate
By Moema Giovanella On September 19, 2023, the Federal Senate approved Bill 2.646/20 (“PL 2.646/20”), which establishes tax benefits for infrastructure projects in the country, through infrastructure debentures, proposing changes to the current regulation of incentivized debentures. The text, from the Chamber of Deputies, […]
The return of the Quality Vote in CARF
This week, Law No. 14,689/2023 was enacted, definitively repealing the tie-breaking rule in favor of the taxpayer in trials held before the Administrative Council of Tax Appeals ("CARF"). In the event of a tie, the vote of the President of the Panel, a representative of the Treasury, will prevail. This is certainly a provision that guarantees a victory for the Tax Authorities […]
Football Corporations: risks and opportunities in the capital market
The Brazilian Securities and Exchange Commission (CVM) plays a key role in regulating and supervising the capital markets in Brazil. One of the CVM’s key areas of activity is to ensure that companies seeking capital market funding comply with established rules and guidelines.
STJ postpones the judgment of Themes No. 986 and 1,125
O Superior Tribunal de Justiça adiou os julgamentos dos Temas Repetitivos nº 986 e 1.125 que estavam pautados para sessão do dia 13/09. Ainda não há nova data para os julgamentos. Os temas são considerados de grande relevância econômica para os contribuintes.
O Tema nº 986 discute a inclusão da inclusão da TUST e da TUSD na base de cálculo do ICMS.
Por sua vez, o Tema nº 1.125 irá definir sobre a exclusão do ICMS-ST da base de cálculo do PIS e da COFINS, devidas pelo contribuinte substituído – no regime de substituição tributária progressiva.
Destacamos que há possibilidade de modulação de efeitos das decisões.
Assim, recomenda-se que os contribuintes que ainda não ajuizaram ações judiciais, avaliem os efeitos e relevância dos temas.
A nossa equipe irá monitorar a nova inclusão em pauta para julgamento dos temas, bem como eventuais evoluções e acontecimentos e está à disposição para quaisquer esclarecimentos.
Federal Government publishes provisional measure and changes rules for treatment of investment subsidies
Amid subsequent changes to the matter spearheaded by the Ministry of Finance, we see the publication this Thursday (August 31) of Provisional Measure (MP) No. 1,185/2023, which substantially alters the rules regarding state tax incentives and their use by taxpayers, if approved by the legislature. The main novelty concerns the inclusion of investment subsidies, a type of […]