Fact-checking STJ ruling does not impose taxes on individual income tax refunds

Coordinator Gustavo de Toledo Degelo commented to Reuters on the STJ decision that upheld the levying of PIS and COFINS on the corrected amounts of taxes returned to taxpayers.

“It was already an understanding unfavorable to the taxpayer and favorable to the tax authorities that the STJ decided to unify and standardize in order to leave no doubt. The STJ maintained its understanding and now other judges must apply this STJ decision: PIS and Cofins are levied on the Selic portion of the amounts returned to the taxpayer,” said Degelo.

Read the full article and commentary at https://www.reuters.com/fact-check/portugues/TQQDHGWQLBIIDL5YHVICLP7XC4-2024-06-27/

Related publications

8 questions and answers about taxation of investments abroad

The government has changed the taxation rules for individuals who have investments, controlled entities or trusts abroad. The changes were published by Provisional Measure (MP) 1,171, on the last 30th in an extraordinary edition of the Official Gazette. In an interview with ESTADÃO, Mariana A. explains about the MP, mainly with regard to the taxation of controlled entities and trusts. To check it out, visit: https://lnkd.in/dzRqRccA

The apparent confusion of assets in the conflict between the Maksoud heirs

In a comment to VEJA, Family Office coordinator Juliana Maria Raffo Montero talks about the conflict over assets between the heirs of the Maksoud group, a luxury hotel located in Bela Vista, São Paulo, who are disputing the values of the family assets with the creditors in the competitive process. “It’s a typical situation for business families: the confusion of assets between what the business is – represented here by the interests of the creditors – and the heirs’ appetite for the value arising from…

Taxation of profits and dividends: legislative change

In Brazil, the distribution of profits and dividends calculated based on the results calculated by the companies is not subject to income tax. In practice, corporate entities tax their profit with a nominal rate, as a rule, at the rate of 34% (income tax “IRPJ”, its additional IRPJ and social contribution on net profit “CSLL”), but their distribution to domestic partners and shareholders is exempt, causing no further taxation. This exemption originates from a legislative change in 1995, with the enactment of Law 9249/95, which…