Check out the article in Revista Consultor Jurídico (ConJur), written by our lawyer Igor Ferreira, which deals with Cosit Consultation Solution No. 253/2023, published by the Federal Revenue Service.
According to the measure, income from two different ICMS tax incentives – such as presumed credit and reduction of the calculation base – will be taxed from January 2024.
The formalization goes beyond the competence of the Revenue Department to legislate in favour of cancelling tax incentives. The biggest controversy is that the Revenue Service cannot go against the Constitution and the position of the higher courts to equalize all incentives and state that presumed credit is equal to other tax benefits.
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