The newspaper Valor Econômico talked to our partner Ana Cláudia Akie Utumi about the Federal Revenue Service’s movement to demand taxes on ICMS tax incentives.
According to the article, tax lawyers all over the country have been advising clients to continue considering the incentives as investment subsidies and exempt them from taxation. “I see no legal reason to change the tax treatment,” said Ana in an interview with the newspaper.
In her understanding, according to Complementary Law 160, what should be analyzed is the tax incentive granted by the States or the Federal District, and not what was done with the resources generated with the ICMS savings. “It is not possible to change the understanding of the law through a consultation solution. The tax authorities want to resurrect a discussion that they lost,” he says.
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