PAYMENTS FOR COMMERCIAL EXPLOITATION OF COPYRIGHTS CAN BE FULLY DEDUCTED FOR IRPJ PURPOSES
The Brazilian Federal Revenue Service, through the Cosit Consultation Solution No. 64/2021, decided that the payments made for the commercial exploitation of copyrights can be fully deducted as an operating expense for Income Tax purposes. According to the understanding of the tax authorities, the limit of up to 5% of net revenue for IRPJ deduction […]
STF DECLARED THE UNCONSTITUTIONALITY OF THE INCIDENCE OF IRPJ AND CSLL ON THE SELIC RATE IN THE RECOVERY OF TAXES
The Federal Supreme Court, in September 2021, concluded the judgment of RE No. 1.063.187 (Theme No. 962) and, unanimously, ruled for the unconstitutionality of the levy of IRPJ and CSLL on the Selic Rate received by the taxpayer when repaying an undue debt, the following thesis being established: “It is unconstitutional the incidence of IRPJ […]
Five-Year Census for Companies with Foreign Capital
Dear customers, We hereby inform you that the deadline for the five-year census of Brazilian companies and funds with foreign capital is open. Periodically, the Central Bank of Brazil (“BCB”) conducts a census of foreign capital in the country, in order to organize statistics on the foreign sector and thus determine Brazil’s international investment position, […]
ORDINANCE NO. 12.071/2021 REGULATES ELECTRONIC PUBLICATION OF ACTS OF CLOSELY-HELD COMPANIES
Still at the end of last year, the Ministry of Economy published ME Ordinance No. 12,071, which provides for the electronic publication and disclosure of the acts of closely-held companies with annual gross revenues of up to R$78,000,000.00 in the Central Balance Sheet System of the Public Digital Bookkeeping System (“SPED”). Through this Ordinance, it […]
Changes in Remote Working Rules and Regulation of the Hybrid Regime
Leila Pigozzi Alves and Ana Carolina Silva De Luca, Derenusson, Schuttoff Lawyers On March 28, 2022 the Federal Government published the Provisional Measure n. 1,108 (“MP 1,108”) which, among other issues, changes the legislation on telework. Because of these changes, and also because of the extension of the existing telework regulation to the hybrid regime, […]
RECENT DECISIONS ON COVID-19 AND EMPLOYER LIABILITY
Provisional Measure No. 927/2020, which dealt with labor measures to face the state of public calamity arising from the pandemic caused by COVID-19, had established, in its article 29, that: “the cases of contamination by the coronavirus (covid-19) will not be considered occupational, except upon proof of the causal link.” In a session held on […]
TRADE UNION FRAMEWORK FOR PRIVATE AIR SERVICES
Besides the legislation in effect, the employer is subject to the rules established in the collective norms signed with the union that represents the category. The union framework is determined by two factors: (i) economic category, which is defined by the company’s preponderant activity, and (ii) territorial base in which it is inserted. From the […]
SNA and SNETA sign a new Collective Bargaining Agreement for Air Taxi Aeronauts and alike
On January 7, 2022, the Sindicato Nacional dos Aeronautas (SNA) and the Sindicato Nacional das Empresas de Táxi Aéreo (SNETA) signed the new Collective Bargaining Agreement (“CCT”), to be in force from December 1st, 2021 to November 30th, 2023, except for the so-called economic clauses, which will be in force until November 30th, 2022. The […]
STF holds that a company of the same economic group that did not participate in the lawsuit cannot be executed
In a recent decision, Minister Gilmar Mendes, of the Federal Supreme Court (“STF”), held that a company belonging to the same economic group as the main debtor, but which was not part of the procedural relationship in the discovery phase, cannot be executed. With said decision, there is a significant change in the consolidated understanding […]
DDSA Advogados celebrates 10 years with the promotion of two new partners
The law firm De Luca, Derenusson, Schuttoff & Advogados – DDSA has announced the addition of two new lawyers to its roster. José Davi Fidalgo, a specialist in Real Estate Law, and Rita Godoy, a specialist in Aeronautical Law, will now be part of the partner team. Both were already part of the DDSA. In […]