São Paulo approves Tax Transaction for debts registered in active debt
Law No. 17,843/2023 was published, creating the “Acordo Paulista” program in the State of São Paulo, designed to promote better conditions for resolving disputes related to the collection of tax and non-tax debts owed by the Public Treasury in the State of São Paulo. The new […]
Bill approved on taxation of investments abroad
At the end of November, the Federal Senate approved Bill (“PL”) No. 4,173/23, which promoted and established relevant changes in the rules for taxing income earned by individuals in financial investments and controlled entities abroad, as well as in relation to investments held via trusts abroad, and in the taxation of funds […]
STJ rules in favor of the taxpayer on the issue of “double PAT”
In October, the 2nd Panel of the Superior Court of Justice (“STJ”) unanimously ruled that the limitations imposed by Decree No. 10,854/2021 on the deduction of amounts allocated to the Workers’ Food Program (“PAT”) from the calculation of IRPJ (Income Tax), a relevant and assertive precedent established for the benefit of Brazilian taxpayers, were illegal. The reasons that led to […]
Tax Reform was approved in the Federal Senate
Last week, the Federal Senate approved, in two rounds, the Consumption Tax Reform – Proposed Constitutional Amendment No. 45 (PEC No. 45). Despite the various exceptions and regimes favored in the text, it maintains its basic characteristics regarding the implementation of Value Added Tax (“VAT”) in Brazil. The […]
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 a negative IRPJ or CSLL balance is subject to the transmission of the Tax Accounting Records (ECF). Initially, this requirement was established by the Normative Instruction of the Federal Revenue of […]
The IRS and the new Transfer Pricing Rules
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 establishes the Transfer Pricing rules applicable to transactions between parties domiciled in Brazil and their related parties abroad. Both regulations arise from initiatives of the Government […]
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, designed 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 […]
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 taxing investments held by individuals abroad, including through offshore accounts, trusts, and investments in cryptocurrencies (“virtual assets”). As expected, the bill incorporated several provisions from Measure […]
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 matters in that court, was scheduled to hear important tax cases on October 25th. Among the main trials on the STJ's agenda, the following stand out: – Topic No. […]
New deadline for negotiating tax credits for active debt
On October 2, the Attorney General's Office of the National Treasury (PGFN) published PGDAU Notice No. 4/2023, which extends the possibility for taxpayers to join Federal Tax Transactions, an institution created to facilitate the negotiation of debts registered as active debts with the Union. There are several modalities eligible for membership, divided between […]