21/11/2010
The influence from International Organizations on the Brazilian tax system has been noticed in different fields, with varying intensities through the times, be it through individual income or corporate taxes, or be it through the so-called “indirect” taxes on consumption. The growing globalization of the markets tends to multiply the interactions between governments, corporations and tax administration systems. In this context, it’s important to notice that value-added taxation showed extraordinary growth in the last 50 years. If in the 1960’s there were only ten countries that had it, including Brazil, in the XXI century that number was already 136, making it one of the most important sources of income for governments. Currently every one of the 30 OECD countries have implemented the value-added tax, except the US. These are the reasons that led us to set our focus on the valued-added taxation in Brazil. Thus, this article will address the importance of the VAT and the main external influences that led to its adoption in Brazil.
The objective of this paper is to identify the limitations for the selection of companies within the same corporate group to bear the unpaid taxes due by their co-companies at the Brazilian legal framework. Initially, we analyze the limitations to the selection of the taxpayer and the concept of corporate groups in Brazilian law.
After, we demonstrate the specific restrictions to the transfer of tax obligations to third parties imposed by the National Tax Code and, in the end, we analyze a specific Brazilian legal provision that allocate joint and several liability due to mere belonging to a corporate group. Given this effort, we concluded that simply belonging to a corporate group is not a reason for transferring tax responsibility as per the National Tax Code and, therefore, this cannot be adopted by the Tax Authorities and by the Court System as justification for allocating tax responsibility onto a different company.
“Logo, ao cancelar prematuramente o plano de serviços de telecomunicação contratado por ocasião da fruição do desconto no preço de compra do aparelho celular, está o usuário/adquirente descumprindo cláusula contratual vinculada ao próprio contrato de telecomunicação – e não ao contrato de compra e venda de equipamento.”
Este artigo tem o objetivo de abordar, de maneira ampla, os aspectos controvertidos da incidência de contribuições previdenciárias sobre a produção rural.
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