Post by xyz3700 on Feb 27, 2024 10:20:14 GMT
When a bank acts as a mere intermediary in a financial transaction, it cannot be considered an Income Tax payer for the transaction. This is what the 1st Ordinary Panel of the 2nd Chamber of the 1st Section of the Administrative Council for Tax Appeals (Carf) decided by majority vote. Disclosure For Carf, financial institutions are not contributors to the IRRF levied on operations in which they acted as mere intermediaries. Reproduction / CARF In this case, the panel analyzed a notice of infraction that required Income Tax Withheld at Source of 35%, with a readjusted calculation base, plus an official fine of 75% and Selic interest, because the inspection included certain income transferred through the taxpayer, in the 2011 calendar year, as "payments without cause". The vote of the rapporteur, advisor Luis Henrique Marotti Toselli, prevailed.
This is because the taxpayer corresponds to the legal entity that assumes the economic burden of payments and that deducts the accounting and fiscal expenses arising from the operations", he says. According to the rapporteur, the financial institution could not be held responsible for withholding the IR levied on bond issuance operations, since it acted on behalf of the contracting company, which issued the bonds and transferred the resources.Firstly, the Chinese Malaysia Phone Number List inspection itself verified that those who assumed the economic burden of the payments and those who deducted the accounting and fiscal expenditures were the companies issuing the securities; secondly, because the inspection confirmed that the purpose of the company is to intermediate financial operations, such as those that generated commission payments; and thirdly, because it was never questioned that the Appellant acted on behalf and in order in the financial settlement of the operations", he assesses.
For the advisor, the responsible tax authority could never have confused the legal figure "paying source" with the legal figure "intermediary" of the financial settlement of operations. "These are unmistakable things." "Inspection does not make any sense, aware that the company did not bear the economic burden of the operation, aware that the operations issuing the Certificates were not simulated, aware that there was location and diligence that ratifies that the companies issuing the securities They even benefited from the tax deduction of payment expenses and were aware of the traceability of payments, having fined the financial institution as a mere intermediary", he argues.Starting this Tuesday (30/4), the concessionaires Viapar and Caminhos do ParanĂ¡, which manage stretches of federal highways in the state, will have to reduce the value of toll fees by 19.02% and 25.77%, respectively.
This is because the taxpayer corresponds to the legal entity that assumes the economic burden of payments and that deducts the accounting and fiscal expenses arising from the operations", he says. According to the rapporteur, the financial institution could not be held responsible for withholding the IR levied on bond issuance operations, since it acted on behalf of the contracting company, which issued the bonds and transferred the resources.Firstly, the Chinese Malaysia Phone Number List inspection itself verified that those who assumed the economic burden of the payments and those who deducted the accounting and fiscal expenditures were the companies issuing the securities; secondly, because the inspection confirmed that the purpose of the company is to intermediate financial operations, such as those that generated commission payments; and thirdly, because it was never questioned that the Appellant acted on behalf and in order in the financial settlement of the operations", he assesses.
For the advisor, the responsible tax authority could never have confused the legal figure "paying source" with the legal figure "intermediary" of the financial settlement of operations. "These are unmistakable things." "Inspection does not make any sense, aware that the company did not bear the economic burden of the operation, aware that the operations issuing the Certificates were not simulated, aware that there was location and diligence that ratifies that the companies issuing the securities They even benefited from the tax deduction of payment expenses and were aware of the traceability of payments, having fined the financial institution as a mere intermediary", he argues.Starting this Tuesday (30/4), the concessionaires Viapar and Caminhos do ParanĂ¡, which manage stretches of federal highways in the state, will have to reduce the value of toll fees by 19.02% and 25.77%, respectively.