Difal and LC 190/22: the new chapter in a history of illegalities
In the first week of 2022, the President of the Republic signed Complementary Law 190/2022. The objective? To regulate the collection of ICMS (Tax on Goods and Services) on interstate transactions and services destined for end consumers who are not taxpayers. This is a consequence of the Supreme Federal Court's ruling in Direct Action of Unconstitutionality 5,469, filed by our association. […]
Difal and LC 190/22: the new chapter in a history of illegalities
In the first week of 2022, the President of the Republic signed Complementary Law 190/2022. The objective? To regulate the collection of ICMS (Tax on Goods and Services) on interstate transactions and services destined for end consumers who are not taxpayers. This is a consequence of the Supreme Federal Court's (STF) ruling in Direct Action of Unconstitutionality 5469, filed by our […]
Senate approves bill regulating Difal collection
The Senate approved this Monday (20/12) the Complementary Bill (PLP) 32/2021, which aims to regulate the collection of the differential rate (Difal) due on interstate remittances to end consumers who are not ICMS taxpayers. The PLP was approved in an extraordinary session, at the request of the governors, who fear that the bill will not come into force […]
Data Protection Approved to Become a Fundamental Right
By: Leonardo Neri On October 20, 2021, the Proposed Constitutional Amendment (PEC) that addresses the transformation of personal data into a fundamental right was approved by the Senate, becoming a permanent clause in the Federal Constitution (CF), meaning that future changes will not be able to weaken such protection. After approval, the proposal will go to […]
Digital Investment Influencers are in the CVM’s sights
By: André Jerusalmy Social media is full of digital influencers, and many of these influencers deal with one of the most sensitive topics of all: investors’ pockets. With tips and recommendations on all types of investments, including very high-risk investments, such as operations in futures markets and with leverage (especially day […]
What is a debt restructuring process?
By: Antonio Mazzucco Debt restructuring is a process that aims to reduce the total amount of a company’s debt, reduce or suspend the interest rate that the company bears and postpone the deadline for debt repayment. What is the objective of a debt restructuring operation? Corporate debt restructuring […]
Tax Planning: STF should conclude anti-avoidance rule trial this week
The Supreme Federal Court (STF) is close to reaching a consensus on the constitutionality of Article 116 of the National Tax Code (CTN), which establishes the anti-tax avoidance rule. The debate is long-standing, having begun in the STF in 2001 with the filing of ADI 2446. The core of the Direct Action of Unconstitutionality is based on […]
Brazil takes important step with Draft International Convention on Cybercrime
By Leonardo Neri First, it's important to understand the benefits national authorities will gain from potentially joining the Cybercrime Convention, which will provide greater autonomy and agility in accessing digital evidence and documents under foreign legislation. Legislative Decree Bill 255/21 was approved on the 6th […]
CARF maintains foremanship in the calculation basis of Import Tax
In a trial held this Wednesday (27/10), the counselors of the 3rd Panel of the Superior Chamber of the Administrative Council of Tax Appeals (CARF) decided, unanimously, that expenses with stevedoring – activity of moving cargo and goods in port facilities – should be included in the calculation basis of the Import Tax (II)[1]. Despite already […]
CVM Fines Autonomous Investment Agent
By: André Jerusalmy On September 21, 2021, the Brazilian Securities and Exchange Commission (“CVM”) judged the Administrative Sanctioning Proceeding CVM SEI 19957.000520/2020-01 (RJ2020/01227), which analyzed an accusation attributed to an independent investment agent (“AAI”) accused of receiving client funds in his personal account, thus violating art. 13, II of CVM Instruction No. […]