Cesar Peres Dulac Müller logo

CPDMA BLOG

Category:
Date: April 19, 2019
Posted by: CPDMA Team

STF can define PIS and Confis calculation on import

The Federal Supreme Court (STF) may judge on Wednesday two issues of general repercussion. One of them will define whether ICMS and other contributions should be included in the calculation of PIS and Cofins charged on imports. The other will decide whether charging ICMS on piped water is constitutional.

The process over PIS and Cofins on imports is the extraordinary resource of the Rio Grande do Sul paint importer Vernicitec. It contests the constitutionality of Law No. 10,865, of 2004. The rule established the collection of PIS and Cofins on imports from 2005 onwards.

The company managed to win in the lower courts. In the STF, it has a favorable vote by the retired minister Ellen Gracie.

The extraordinary resource that discusses the taxation of piped water is from the government of Rio de Janeiro. He contests the decision of the 8th Civil Chamber of the Court of Justice of the State of Rio de Janeiro (TJ-RJ), which decided not to levy ICMS, considering that the supply of piped water is an essential public service, within the competence of the Public Power.

In September, the Supreme Court began to analyze the case. The first vote, by Minister Dias Toffoli, prevented the collection. In his view, piped water cannot be considered a commodity, avoiding the incidence of the tax. The trial was interrupted by Minister Luiz Fux's request for a view.

http://www.valor.com.br

Source: Value.

Return

Recent posts

Stock options as a form of employee incentive and their importance for startups

The phenomenon of stock options appeared in the United States in the 1950s and gained great visibility after the 1980s, when it became an almost absolute practice among large American companies. In the United States, the peak of the stock options granting system occurred between the years 2000 and 2001. […]

Read more
Changes in the Civil Code and Their Implications for Corporate Law: An Analysis of the Draft Bill Presented to the Federal Senate

The commission of jurists appointed by Minister Luis Felipe Salomão drafted the bill to update and adapt the Civil Code, which is currently awaiting review by the Federal Senate. The main objective of the draft bill is to simplify the measures stipulated by the current law and align the Code with doctrinal and jurisprudential interpretations that have been […]

Read more
Service contract with the contractor's company registration number (CNPJ) and the validation of alternative forms of hiring: business impacts and the STF decision.

The decision handed down by the Federal Supreme Court (STF) in the judgment of General Repercussion Topic 725 and the Argument for Non-Compliance with Fundamental Precept (ADPF) 324, marks a crucial point in the definition of labor relations and their legal limits in Brazil. In a scenario where companies are increasingly looking for alternatives to [...]

Read more
Investing in startups in Brazil: the Convertible Loan Agreement. 

In the age of technology, the start-up ecosystem has attracted many people in recent decades. This is mainly due to the rapid rise of the digital economy, which has led to many success stories of companies that today represent giant players in the market, regardless of the sector in which they operate. In this context of scalable entrepreneurial initiatives, startups have shown themselves to be a huge attraction [...]

Read more
Learn about the asset class - COPYRIGHT

Closing our series of posts on the Classes of Intellectual Property Assets, today we're going to look at the registration of COPYRIGHT. An author is the natural person who creates a literary, artistic or scientific work. Copyright protects such works and can be patrimonial (right to commercial exploitation of the work) or moral (claim of authorship, conservation [...]

Read more
SOS-RS transaction: another possibility for regularization in the post-flood scenario

On June 26, 2024, a new type of operation was published covering companies with a tax domicile in Rio Grande do Sul. This is yet another measure taken by the Federal Government to deal with the damage caused by the floods in Rio Grande do Sul. The new operation, called "SOS-RS Operation", was instituted by PGFN/MF Ordinance No. [...].

Read more
crossmenuchevron-down
en_USEnglish
linkedin Facebook pinterest youtube lol twitter Instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter Instagram