BUSCA

CARF – which is the highest administrative tax court within the framework of the Brazilian Ministry of Finance – has recently issued two opinions with regards to the deferral of the taxation of capital gains arising out from the sale of share control of a company by means of closely-end investment funds (Fundos de Investimentos em Participações -[...]

Subsidies for investment – Issue 1.182. On April 26, 2023, Brazil’s high tax court, the Superior Court of Justice (‘STJ’), defined the possibility of excluding tax benefits related to the State Value-Added Tax on the Circulation of Goods and Services (ICMS), such as reduction of the basis for calculation, rate reduction, exemption, deferral, among[...]

Norway and Brazil sign new Treaty to avoid Double Taxation On November 4th, 2022, Brazil signed an international agreement with Norway that, among other things, would eliminate double taxation on income, as well as prevent tax evasion. The purpose of the new agreement is to update and modernize – based on best international practices – the rules of the[...]

Brazilian Federal Supreme Court (STF) rules on state value-added tax (ICMS) on electric power and telecom services The Brazilian Federal Constitution established that States may assign different ICMS rates depending on the product or service sold.  Nevertheless, it is necessary to observe the selectiveness of such goods and services since higher rates should[...]

Este evento discutirá temas recentes e polêmicos relacionados à tributação do setor de seguros, tais como o projeto de lei que institui a CBS, a aplicação das regras de preços de transferência a estas empresas, a responsabilidade das seguradoras pelo ISS na contratação de serviços bem como uma importante discussão jurídica do setor que vem sendo[...]

Brazil and Uruguay Sign a Double Taxation Convention On June 7, 2019, Brazil and Uruguay signed a Double Taxation Convention, which contains several rules aligned with the BEPS Project (Base Erosion and Profit Shifting) minimum standards, such as general anti-avoidance rules and exchange of information among the contracting states’ tax authorities. This[...]

Important Developments in Brazil’s Double Taxation Convention (DTC) Network There have been important Developments in Brazil’s DTC network in the last month. In a nutshell, Brazil and Poland are negotiating a DTC aiming to facilitate trade and economic relations between the countries, which currently face obstacles. Moreover, Brazil and Chile are[...]

Brazil Signs New DTCs with Switzerland and Singapore, Seeking a Larger Tax Treaty Network Brazil recently signed Double Treaty Conventions (DTCs) with Switzerland and Singapore. These DTCs contain several rules aligned with the BEPS Project (Base Erosion and Profit Shifting), such as general anti-avoidance rules and exchange of information among the[...]

Superior Court of Justice Establishes Criteria for Approval of PIS/COFINS Credits on Inputs The Superior Court of Justice has taken up the decision of Special Appeal #1.221.170/PR, which deals with the definition of inputs for the purposes of Social Integration Program Tax (Programa de Integração Social), or PIS, and Social Security Financing Tax[...]

States vs. Municipalities: ICMS Agreement 106/2017 Enhances the Conflict over Digital Goods Taxation (including Streaming and Software) There is an ongoing and significant conflict in Brazil between states and municipalities to decide who has the power to tax transactions involving digital goods, including streaming services and software, especially after the[...]