Companies in the event sector in Brazil will be able to recover overpaid taxes
핵심 요약
- Event companies in Brazil that have tax exemption under the Perse program but made undue payments have been granted the right to a refund.
- Refund or offsetting can be requested for four federal taxes named PIS/Pasep, Cofins, IRPJ, and CSLL.
- With Cosit ruling No. 104 published in the Official Gazette, companies' previous rights will not be affected by new laws.
- Firms wishing to receive a tax refund must prove that they meet the Perse conditions for each period.
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The Brazilian Federal Revenue Service (Receita Federal) has officially announced that companies in the event sector can recover taxes they paid unduly or offset them against future taxes. This covers companies that mistakenly made payments despite having the right to benefit from a zero tax rate under the Event Sector Restart Emergency Program (Perse).
The relevant correction covers four different federal taxes: PIS/Pasep, Cofins, IRPJ, and CSLL. In this practice, clarified by Cosit consultation ruling No. 104 published in the Official Gazette, companies must prove that they met the program's conditions for the period in which they were supposed to be tax-exempt in order to claim back their payments.
The Federal Revenue Service emphasized that the new and stricter law enacted in 2024 cannot be applied retroactively. This situation provides legal certainty to businesses that earned their rights before the new regulations came into effect. The refund process will be carried out through individual applications, with a separate evaluation for each tax period.
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자주 묻는 질문
- For which taxes can a refund or offset be requested?
- Refunds can be requested for undue and overpayments made for the four federal taxes named PIS/Pasep, Cofins, IRPJ, and CSLL.
- What must companies do to receive a tax refund?
- Companies must document that they met all the conditions of the Perse program during the tax periods for which they are requesting a refund and make an individual application.
- Do the new law changes in 2024 affect previous tax periods?
- No, the Federal Revenue Service confirmed that Law No. 14.859/2024, which contains new and stricter rules, cannot be applied retroactively and previous rights remain valid.