October 21, 2019

STJ judges suspension of 30% to offset losses of extinct companies

Rapporteur voted to allow full offset of tax loss carryforwards and negative basis of extinct companies. In an unprecedented judgment, the Superior Court of Justice (STJ) began to analyze this Thursday (10/17) a more specific application of the 30% lock for compensation of losses ...

October 18, 2019

STJ publishes 12 consolidated theses on professional advice

Professional inspection councils cannot register their vehicles as official because they are part of the indirect public administration, and paragraph 1 of article 120 of the Brazilian Traffic Code (CTB) only authorizes the registration of official vehicles of the direct administration. Ess...

October 17, 2019

Carf removes R$ 3.2 billion charge against merger-related B3

A Receita não pode questionar o fundamento econômico de uma operação de fusão recorrendo apenas à apresentação de um laudo. Por isso, a 1ª Turma da 2ª Camara da 1ª Seção do Conselho Administrativo de Recursos Fiscais (Carf) afastou, na quarta-feira (16/10), uma cobrança de R$ 3,2 bilh�...

October 16, 2019

1st Panel of the STJ defines that ICMS-ST generates PIS/Cofins credit

As the 2nd Panel has decisions more favorable to the Treasury, the issue can be settled by the 1st Section. By majority, the 1st Panel of the Superior Court of Justice defined this Tuesday (10/15) that the ICMS collected by the tax substitution system (ICMS-ST) also generates credits ...

October 15, 2019

STJ major increases from R$ 15 thousand to more than R$ 1 million succumbence in bankruptcy filing

3rd class set the amount based on the general rule of CPC/15. The 3rd class of the STJ provided an appeal to enforce the general rule of § 2 of art. 85 of CPC/15 in the fixing of loss of suit, which provides for an amount between 10 and 20%, to the detriment of §8, of equitable appreciation. In this case, it was extinguished by...

October 14, 2019

States will be able to open special ICMS installments

Authorizations are in agreements published by the National Council for Finance Policy (Confaz). The National Council for Finance Policy (Confaz) published on Friday seven agreements to authorize states and the Federal District to offer special ICMS installments. The permissions...

October 11, 2019

TST decides to suspend proceedings on the validity of collective rule

Measure postpones analysis from 40% to 60% of the actions in the country until judgment of the matter by the STF. The Superior Labor Court (TST) decided yesterday to suspend all processes in the country that deal with the validity of a collective norm that limits or restricts labor rights not guaranteed constitutionally.

October 10, 2019

STJ discusses monetary correction of tax credit

The 1st Section of the Superior Court of Justice began to analyze this Thursday (10/10) the definition of the initial term incidence of monetary correction in the administrative request for reimbursement of tax credits. The trial was suspended after a request for a view from the Minister Regi...

October 10, 2019

Odebrecht executives question payment of credits in recovery

Stock option holders want values to be classified as labor. The largest judicial recovery in the country, the lawsuit involving the Odebrecht Group is for the first time raising a more in-depth debate on how to deal with employees or former employees who have become...

October 9, 2019

Transgenic soy seeds have patent protection, decides STJ

Ministers of the 2nd Section signed thesis on the issue and the decision becomes valid for other identical cases. Unanimously, the ministers of the 2nd Section of the Superior Court of Justice (STJ) confirmed, this Wednesday (9/10), the prevalence of the industrial property law (Law 9.279/96) and the...

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