Tax Consulting (national and international)
Structuring of international operations with local personalized service
Tax Litigation (administrative and judicial)
Assessment of tax credits
Approval of ICMS credits
Restitution of federal credits
Purchase and sale of State Receivables
Identification and survey of tax benefits
Obtaining financing from American banks
Obtainment of special hire purchases and review of existing ones
Technical consulting for implementing tax obligations (Ordinance CAT-83/09, NF-e, -CIAP, PIS/COFINS-e etc.)
COMPLEMENTARY SERVICES
Audit
Outsourcing & Compliance
International Logistics (incl. customs broker, obtaining ex tariffs, implementation of drawback etc.)
Visa processing and expatriate management
Intellectual Property (registrations at INPI etc.)
Survey, regularization and refund of social security credits (INSS)
Survey and evaluation of internal controls, mapping of processes for SOX and ISO 9000 purposes
Preparation of diagnoses regarding the implementation of the Law 11.638 / RTT / FCONT
Advising for export
Constitution of companies abroad
PARTNERSHIPS (1/8)
Approval of ICMS credits and indication of clients
UP TRADE
Business Impact
MCG Consultants
STA Consultores
Restitution of federal credits and indication of clients
Business Impact
Master Consulth
Exceller
Martinelli
Valfredo Bessa Advogados
Tax credits collection and client referral
Dardes
UP TRADE
Cella & Froner Consultants
STA Consultants
Buying and selling of securities and referral of clients
Dardes
UP TRADE
Auditing and referral of clients
Ovalle Leão Auditores (MG)
RG Benatti Consultoria Empresarial
Outsourcing, Compliance and indication of clients
Confirp
RG Benatti
Real Tax (Compliance only)
International Logistics and client referral
Fiordi
Tito
Intellectual Property and Client Referral
Dannemann Siemsen
Export Consulting and indication of clients
LICEX
Presence in other Brazilian states and indication of clients
Amazônia Consultoria (AM)
Andersen Ballao and others (PR)
Ovalle Leão (MG)
WF Consultoria (SC)
Cella & Fröner (RS)
Volpin Advocacia and others (Cascavel)
International presence and client referrals
Paez Pumar Abogados (Venezuela)
Benavides Abogados (Peru)
Mercocon (Argentina)
Cordero & Asociados (Ecuador)
Alfredo Veracoechea (Dominican Rep.)
International Presence (continued)
Simon Miranda Y Asociados (Venezuela)
Leitner Leitner (Bratislava, Bucuresti, Budapest, Linz, Ljubljana, Phaga,
Salzburg, Sarajevo, Vienna and Zagreb)
A97 (Prague)
Amarchand Mangaldas (India)
Other nominations: China, Mexico, Colombia, Paraguay, Germany, France,
Guadeloupe and USA
Software Implementation
CCA Associated Consultants
Business Impact
Establishment of Off-shore companies
SCFN
CHT
SERVICES OFFERED
Judicial decisions (possibility of recovery of last 5 years)
Non-taxation of services (without technology transfer) in remittances to countries with which Brazil maintains a treaty (art. 7) Use of PAT without the meal value limitation (possibility of recovery of last 5 years)
INCRA levy on payroll (new approach: legal nature of CIDE, as decided by STJ)
Illegality and unconstitutionality of FAP
Non-levy of the INSS on indemnity payments (indemnified prior notice, sick pay, holiday bonus, maternity bonus, bonus leave, additional 1/3 holiday, transportation allowance, day care center etc.)
ICMS ST - Retailers selling below the price established in the tax tariff (Law 13291/88 and Decree 54239/09)
ICMS not included in the calculation basis of PIS and COFINS
Non-inclusion of ICMS in the tax base of PIS/COFINS-import
Non-levy of PIS and COFINS on revenues from the sale of ICMS credits (retroactivity of the last 5 years)
PIS and COFINS credit on operations supported by the drawback exemption (last 24 months)
Non-incidence of IRPJ and CSLL on default interest
Elimination of fine on payments upon spontaneous admission of debt (understanding consolidated by the CARF and the 1st Section of the STJ after Precedent 360)
Monetary adjustment of IPI book-entry credits (when the taxpayer is required to resort to the Judiciary to offset such credits, Resp 1041237)
Non-levy of IRPJ and CSLL on profits earned abroad and not yet effectively made available (ADIn 2588)
Offsetting of losses incurred abroad against profits of other companies earned abroad or in Brazil
Unconstitutionality of Funrural (applicable to rural producers after Law 10.256/01)
Non-levy of ICMS on economic subsidies granted to electricity concessionaires to cover losses from tariff reductions (Law 9438/02 and State Decree 49621/05)
Deduction of construction materials supplied by subcontracted service providers in civil construction (Justice Ellen Gracie decision, with general repercussion status)
ISS assessment basis on Leasing only on the interest/services charged, and not on the full amount of the transaction
ICMS credit on electricity paid by telephone companies (equated to industrial activity under Decree 640/62)
Transfer Pricing: application of the method set out in Law 9430/96 instead of the method set out in IN SRF 243/02 (TRF 3rd Circuit decision)
Possibility of IPI credit on the acquisition of inputs from taxpayers located in the MFTz
Deduction of ICMS credits written off as cost or expense (loss) by companies with no prospect of realization (STJ Decision)
Non-enforceability of tax fines owed by the acquired company when the acquiring company does not belong to the same economic group (CARF Statement No. 2)
Non-levy of interest on punitive fines assessed on infraction notices (Position of the 1st Panel of the CSRF)
Non-payment of INSS on profit distributions to employees, even if the requirements of Law 11101/00 are not met
Reduction and/or elimination of confiscatory fines (recent decision of the STF). New isolated fines IN RFB 1067/10; Interest in SP of up to 0.13% per day (SF Resolution 98/10)
Non-levy of the tax rate differential on the purchase of civil construction materials
Adhesion to the special ICMS deferral regime in SP for sugarcane and ethanol mills not accredited by CAT 248/09 (until February 28, 2011, Decree 54976/09)
Tax War: Use of ICMS credit levied at origin when the country of destination allows only credit on the amount actually paid or less (Decision of the 1st Panel of the STJ)
Non-levy of ICMS on transfers between establishments of the same company (STJ 1st Section, Precedent 166)
Tax Planning
1) Tax optimization of international payments
- Non-levy of IRRF on remittances of services (without technology transfer) to countries with which the
technology) to countries with which Brazil maintains a treaty
- Use of treaties to optimize the Group's tax burden
(matching credit, tax sparing etc.)
- Non-incidence of CIDE on software license acquisitions
- Non-incidence of PIS/COFINS-import on services taken and executed
abroad
- Non-levy of ISS-import on services taken and performed
abroad (TJSP understanding)
- Correct use of PIS and COFINS credits
- Other alternatives for reducing the tax burden (assignment of receivables etc.)
- Analysis of the best form of remittance of debts (Reimbursement of expenses etc.)
- Recovery of income tax paid abroad
2) Survey of tax credits (last 5 years)
- ICMS
- Federal
- INSS
3) PIS and COFINS credits (specific cases)
- Credit on the ICMS rate differential (Consultation Solution no. 86,
of the 10th Tax Region)
- Freight between establishments (22nd Judgment of the Federal Court of São Paulo)
- Non-taxation on interest rate and card administration (judicial)
- Transport, lodging and meals in technical assistance (judicial)
4) Incentive to technological innovation - identification and implementation
5) Payment of retroactive JCP (consolidated jurisprudence)
6) Securitization of receivables (write-off of non-deductible PDDs)
7) Creation of a shared services centre (Presumed profit: less
IR/CS and less PIS and COFINS)
8) Service providers: separate collection (via ND) of expenses with transportation
transportation, materials, meals etc., to reduce the tax burden (INSS)
9) Reduction of the INSS to be withheld by service takers, through
presentation of NFs of materials used in the services
10) REIDI
- Consultancy in general
- Starting point for the application of the benefit
- Non-levy of ICMS on the suspended PIS and COFINS values
- Calculation of transferable values
11) Payment of ICMS debts with alimony-related writs of payment (precatórios alimentares)
not paid by the State on time
12) Structuring of international operations
- Analysis of the impacts on international operations (taxation in Brazil and abroad, permanent establishment
abroad, configuration of permanent establishment, etc.)
- Establishment of companies abroad
- Study for the reduction of the tax burden
13) Transfer Pricing: Price optimization in intra-group operations
1 - Diagnosis of the structure of international operations with Brazil and
tax havens;
2 - Analysis of the possibility of altering the prices practiced or adopting
another method allowed by the legislation;
3 - Analysis of the implications on customs valuation control (RFB);
4 - Analysis of the tax implications in other countries through partner
partners
5 - Issuance of a conclusive opinion in English and Portuguese 6 - Elaboration of
training and internal lectures to the Group's employees
Tax Planning
14) Reduction of (Federal) Tax Credits
- Projection of balances and Analysis of alternatives
- Restitution in kind
- Compensation with the INSS due
- Compensation with employees' IRRF
- Purchase of financial securities of high income holders
(compensation of the IRRF due)
- Incorporation of a predominantly exporting company
- Use of drawback
- Use of back to back
- Direct invoicing
- Co-habilitation on REIDI
- Operations in Special Economic Zones (ZPEs), MFTz, etc.
- Spin-off followed by merger by IF (Consultation solutions 244 and 378/09)
Tax Planning
15) Reduction of tax credits (ICMS)
- Projection of balances and Analysis of alternatives
- Approval for purchase of inputs within the State
- Approval for sale to third parties within the State
- Formation of a company preponderantly exporter
- Formation of a purchase centre in another State
- Special Regime for import deferment
- Search for suppliers in other States
- Use of drawback
- Use of back to back
- Direct invoicing
- Inclusion of services in the price of the equipment
- Operations in EPZs
- Creation of a company in the MFTz or another state
- Restructuring of industrialization on demand operations
16) Cash Pooling
- Allocation of funds abroad in accordance with Brazilian legislation
- Financial investments abroad with reduced taxation
- No incidence of IOF on current account management in Brazil
- Elimination of IOF on the purchase of Brazilian shares by foreigners
(purchase of ADRs and subsequent cancellation). Incidence of 1.5% IOF on
the launching of ADRs by Brazilian companies -> double taxation.
17) Analysis of regional tax benefits for companies (domestic or foreign) seeking to import and/or
foreign companies) that seek to import and/or expand their activities in the country
18) Restitution of federal taxes of exporters (Portaria MF n. 348)
19) Search for alternatives to thin capitalization rules (Law 12.249/10)
20) Legislative lobbying for changes in laws and decrees in the tax area
21) Guidance and assistance in the implementation of the FACTA (Foreign Account Tax Compliance Act)
Tax Compliance Act) Financial Institutions that hold current accounts of US
of US taxpayers
22) Consortiums: Consultancy and guidance on how to proceed, including the non
joint liability among consortium members (MP 510/10)
23) Reduction of IRPJ and CSLL of construction companies through the creation of SPEs
with option for presumed profit (Consultancy Solution of the 8th Region n.338/10)
24) Guidance and assistance in the implementation of special customs regimes
Special (partnership with FIORDE / TITO). Ex: Drawback replacement
25) Advice on the repatriation of undeclared funds from abroad (project
(project still in the approval process)
26) Transfer of ICMS credit balance for interdependent establishments
interdependent establishments until July 1, 2011 (Decree 56,473/10 limits fixed assets
fixed assets as of such date)
27) Spin-off of a company with tax credits to form a new company and
company and subsequent incorporation by a company that generates tax debts (Answer to
(Answer to Advance Tax Ruling Requests 244/09 and 378/09)