Post by xyz2900 on Feb 11, 2024 6:39:18 GMT -5
A paper company obtained authorization, through an injunction, to offset R$4.4 million in IPI premium credit. The decision by the São Paulo Federal Court was taken after the controversial judgment, in November, by the 1st Section of the Superior Court of Justice. At the time, ministers deemed the benefit to be extinct. Despite the recent trial, lawyer Aristides Francisco dos Santos Junior, from Maia Advogados Associados, argued in the Writ of Mandamus that the benefit remains in force. He also believes that the STJ can review the issue, due to the composition of the court at the time of the trial. The information comes from reporter Zínia Baeta, from the newspaper Valor Econômico .
The so-called IPI premium credit was a benefit offered to exporters from 1969 onwards by Decree-Law 491, which granted tax credits in the same percentage collected on the domestic market. The deputy attorney general of the National Treasury, Francisco Tadeu Barbosa de Alencar, states that the Attorney General's Office will appeal the decision and closely monitor similar Belize Email List cases that may arise. According to him, this is the first case of an injunction that authorizes the offsetting of credits after the STJ judgment. “I think this decision is absurd,” he said. Alencar adds that the STJ has a summary that prohibits the compensation of taxes through an injunction. “We want to prevent similar cases from occurring.
The prosecutor states that after the STJ judgment, the Prosecutor's Office began work to survey ongoing actions that deal with the issue and those that became final less than two years ago. For actions that are in the first instance, the Prosecutor's Office has added the STJ's decision to the processes. The same occurs with the appeals that take place in the Federal Regional Courts. In closed cases, the Treasury is studying the possibility of filing rescission actions. In practice, through this instrument, a review of the decision can be requested. A study by the Brazilian Institute of Tax Planning, in September, pointed out the existence of approximately 4 thousand processes in the country on the subject, the total value of which would be around R$ 27 billion.
The so-called IPI premium credit was a benefit offered to exporters from 1969 onwards by Decree-Law 491, which granted tax credits in the same percentage collected on the domestic market. The deputy attorney general of the National Treasury, Francisco Tadeu Barbosa de Alencar, states that the Attorney General's Office will appeal the decision and closely monitor similar Belize Email List cases that may arise. According to him, this is the first case of an injunction that authorizes the offsetting of credits after the STJ judgment. “I think this decision is absurd,” he said. Alencar adds that the STJ has a summary that prohibits the compensation of taxes through an injunction. “We want to prevent similar cases from occurring.
The prosecutor states that after the STJ judgment, the Prosecutor's Office began work to survey ongoing actions that deal with the issue and those that became final less than two years ago. For actions that are in the first instance, the Prosecutor's Office has added the STJ's decision to the processes. The same occurs with the appeals that take place in the Federal Regional Courts. In closed cases, the Treasury is studying the possibility of filing rescission actions. In practice, through this instrument, a review of the decision can be requested. A study by the Brazilian Institute of Tax Planning, in September, pointed out the existence of approximately 4 thousand processes in the country on the subject, the total value of which would be around R$ 27 billion.