In short On July 22, 2022, the Brazilian General Comptroller’s Office (CGU) published Ordinance No. 019, which comes into force on August 01, 2022 allowing the Early Ruling of the Administrative Liability Procedures (PARs) related to violations of the Anti-Corruption Act. The Ordinance regulates the form of request for Early Ruling by the company, the […]
In brief New supplementary bill that, acknowledging the essentiality of referred activities, states that State VAT (ICMS) rates must not outweigh 18%. More details On July 1st, 2022, the Governor of the State of Rio de Janeiro issued Decree No. 48,145, acknowledging the internal transactions and services with (i) fuels; (ii) electric power; (iii) telecommunications; […]
In short On July 12, 2022, the Presidency of the Republic published Decree No. 11,129/2022 with changes in the regulation of the Anti-Corruption Law (Law No. 12,846/2013), which provides for the administrative and civil liability of legal entities for acts against the national or foreign public administration. The published instrument will came into effect on July 18, […]
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 […]
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