The inclusion of ICMS benefits in the tax basis of Corporate Income Taxes (“IRPJ and CSLL”) has been object of constant debate, both in the administrative sphere (within the scope of the Administrative Council of Tax Appeals – “CARF”) and in the judiciary. In 2017, the First Section of the Superior Court of Justice (“STJ”) […]
On June 30, the Federal Treasury and the Federal Revenue of Brazil enacted Legal Opinion 37/2022, to clarify some doubts of Notice 09/2022, which elected “Goodwill amortization before rules of Law No. 12,973/14” as the second tax thesis subject to a TAX SETTLEMENT AGREEMENT based on Law no. 13,988/2020 and Ordinance ME nº. 247/2020. The adhesion term […]
In short On June 28, 2022 the Minister of General Comptroller’s Office (CGU), Wagner Rosário, participated in the “Circle of Meetings”, an event organized in Brasília to discuss the prevention of conflict of interest by agencies and entities of the Federal Government. Within the scope of the event, two tools were presented: Panel for Prevention of […]
On June 22, 2022 it was enacted Law No 14,375/2002, preceded by Provisional Measure No 1,090/2021, which, among other legal provisions, amended Law No 13,988/2020, that instituted the possibility of settlement of federal tax and non-tax debts (similar to the Offer in Compromise institute practiced by the US IRS). The amendments to the presidential approval aim to expand […]
In June 23, 2022, the Brazilian Federal Revenue published the Normative Ruling 2,090/22, which provides for the declaration and inspection of the customs value of imported goods. The Normative Ruling 2,090/22 provides for relevant changes in comparison to previous rulings, amongst which we highlight the following: Prohibition of the application of transaction value when the […]
In summary Brazilian Supreme Court (STF) upheld the Direct Action of Unconstitutionality by Omission (ADO) n.67, declaring unconstitutional the omission of Congress in the edition of the complementary law to regulate the collection of Estate/ Gift tax (so called “ITCMD”) on foreign assets received as donation or inheritance. The Supreme Court established a period of […]
On 06/07/2022, the Federal Government issued Decree No. 11,090, which excludes from the customs value the terminal handling costs (“TCH”). The Decree No. 11,090 amends Article 77 of the Customs Regulation (Decree No. 6,759/2009), which lists the amounts that should be included in the customs value. The customs value is the Import Duty basis. For […]
A reminder that until the end of June is the legal term for companies that receive foreign investment to comply with the Declaration of Economic and Financial Information by submitting their financial data, related to the base-date of March 31, 2022, in the Central Bank’s System, as per Resolution No. 3,844, of March 23, 2010, […]
In brief Federal Decree No. 11,080/2022 was published on 24 May, amending Federal Decree No. 6,514/2008, which deals with infractions and administrative sanctions for conduct and activities harmful to the environment. More details Decree No. 11,080/2022 sought to update controversial points of Decree No. 6,514/2008 and other IBAMA rules, in addition to bringing updates on […]
