In an article published in the Tax Accounting Law Magazine of the São Paulo Association of Tax Studies – Apet (APET), our lawyer Thiago Braga discussed the timing of the taxation of tax overpayments and the understanding established by the Brazilian Federal Revenue Service in COSIT Consultation Solution No. 308/2023.
The text reflects on the distinction between the accounting concept of revenue and the economic or legal availability of these values for tax purposes, concluding that the definition of the moment to tax the overpayment requires a careful assessment of the availability of the value for the taxpayer, highlighting the impossibility of relying exclusively on the accounting treatment for tax purposes.
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