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Marcelle Silbiger

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Marcelle Silbiger is an Associate in Baker McKenzie's Sao Paolo office.

On 24 February 2021, the Brazilian Supreme Court (“STF”) finalized the trial of Direct Unconstitutionality Actions 1,495 and 5,659, which addressed whether software-related transactions should be imposed with municipal service tax (“ISS”) or VAT state tax (“ICMS”).

After garnering a majority of votes, STF decided to exclusively levy ISS to such transactions, regardless of the form of commercialization and type of software (if off-the-shelf or customized).

The Brazilian Federal Revenue (‘RFB’) issued COSIT Ruling No. 45/20 to authorize PIS/COFINS credits over expenses incurred with employees’ transportation and meal. Although the Ruling was filed by an association of companies that act in cleaning, servicing, and maintenance, the RFB adopted some assumptions that, in our view, could be applied to companies of other sectors.

In a nutshell, the Ruling indicates that Art. 3, item X of Law 10833, only allows the record of PIS/COFINS credits to the cleaning, servicing, and maintenance companies on the expenses effectively incurred with the acquisition of transportation and meal tickets/vouchers.