Post by account_disabled on Mar 5, 2024 17:45:53 GMT -10
On June , , the Plenary of the Federal Supreme Court continued the judgment of RREE , and ,, which deal with the inflationary purge known as “Plano Verão” when, artificially, the government published the monetary correction rate of the financial statements in a level flagrantly lower than what had been observed by the traditional bodies for measuring the aforementioned monthly rate.
Before we know the partial result of the recent settlement, it is necessary to briefly review the path of the issue in the Court. The trial began at the Plenary of the Federal Supreme Court on February , On that occasion, the rapporteur, Minister Marco Aurélio, voted to recognize the contributing company “the right to monetary correction considering the inflation of the period under the terms of the legislation repealed by the so-called Plano Verão, and to declare the unconstitutionality of paragraph of article of Law ,/ and article of Law ,/” (cf. STF Information ).
In fact, in his vote, Minister Marco Aurélio understood BTC Number Data that: “the value set for the OTN, which resulted from inflation expectations, in addition to being applied retroactively, in violation of the guarantee of the acquired right (CF, art. th, XXXVI) and the principle of non-retroactivity (CF, art. , III, a), fell far short of that actually verified in the period, implying, for this reason, an increase in the income tax base and the fictitious creation of income or profit, through improper means. Furthermore, it considered that proper means were not used to ward off inflationary effects, given the tax obligation, violating the principles of equality (CF, art. , II) and contributory capacity (CF, art. , § st). Finally, he asserted that such determination was still made without observing the calculation basis of the aforementioned tax” (cf. STF Information ).
Here is the content of the aforementioned provisions for better understanding: “ Art. . In the base period of , the legal entity must carry out monetary correction of the financial statements in order to reflect the effects of the currency devaluation observed prior to the coming into force of this Law. § . In the monetary correction referred to in this article, the legal entity must use the OTN of NCz$ (six new Cruzados and ninety-two centavos)” ( Law ,/ ); “ Art. . For the purpose of conversion into a BTN number, the balances of accounts subject to monetary correction, existing on January will be monetarily updated, based on the OTN value.
Before we know the partial result of the recent settlement, it is necessary to briefly review the path of the issue in the Court. The trial began at the Plenary of the Federal Supreme Court on February , On that occasion, the rapporteur, Minister Marco Aurélio, voted to recognize the contributing company “the right to monetary correction considering the inflation of the period under the terms of the legislation repealed by the so-called Plano Verão, and to declare the unconstitutionality of paragraph of article of Law ,/ and article of Law ,/” (cf. STF Information ).
In fact, in his vote, Minister Marco Aurélio understood BTC Number Data that: “the value set for the OTN, which resulted from inflation expectations, in addition to being applied retroactively, in violation of the guarantee of the acquired right (CF, art. th, XXXVI) and the principle of non-retroactivity (CF, art. , III, a), fell far short of that actually verified in the period, implying, for this reason, an increase in the income tax base and the fictitious creation of income or profit, through improper means. Furthermore, it considered that proper means were not used to ward off inflationary effects, given the tax obligation, violating the principles of equality (CF, art. , II) and contributory capacity (CF, art. , § st). Finally, he asserted that such determination was still made without observing the calculation basis of the aforementioned tax” (cf. STF Information ).
Here is the content of the aforementioned provisions for better understanding: “ Art. . In the base period of , the legal entity must carry out monetary correction of the financial statements in order to reflect the effects of the currency devaluation observed prior to the coming into force of this Law. § . In the monetary correction referred to in this article, the legal entity must use the OTN of NCz$ (six new Cruzados and ninety-two centavos)” ( Law ,/ ); “ Art. . For the purpose of conversion into a BTN number, the balances of accounts subject to monetary correction, existing on January will be monetarily updated, based on the OTN value.