We are aware of the weight of the tax burden on businesses, so after several studies, we offer an excellent opportunity for its reduction, and so we rely on your confidentiality in implementation. We are fully available for discussions, due to the various tax and accounting aspects involved in this opportunity.
TAX OPPORTUNITY – RECOVERY OF “PIS” (Social Integration Program) AND “COFINS” (Contribution for Social Security Financing) ON DISCOUNTS AND / OR BONUSES ON THE PAYMENT OF FINANCIAL AND TAX LIABILITIES
The administrative and judicial jurisprudence has discussed, exhaustively, the issue of the taxation of conditional and unconditional discounts, even those linked to bonuses, but always arising from the impacts on sellers of products and services.
However, the most recent decisions of the Brazilian Supreme Court and Appellate Courts involving the legal nature and concept of revenues, even in the case of specific accounting matters, did not address tax impacts on the side of buyers of products and services as to obtaining financial discounts – whether for punctual payment, for commercial reasons or negotiation of liability reduction. (including those arising from tax benefits granted for payment of tax debts of any nature).
Thus, we have the possibility of recovery of “PIS” and “COFINS” arising from taxation on said financial discounts for buyers of goods and services, except in cases in which buyers have accounted for discounts as reducers of acquisition costs.
The Internal Revenue Service of Brazil provides solutions for the taxation of said discounts; therefore, it is indispensable to file a declaratory judgment action aimed at eliminating said taxation, enabling the recovery of a five-year period prior to the filing of the action.
We are fully available for a conference call on the matter and arrange immediate filing of the claim