Post by account_disabled on Mar 11, 2024 23:58:36 GMT -5
The Brazilian tax scenario intricate and multifaceted promotes heated discussions about the taxation of loan operations. This article proposes to carry out a critical analysis of these operations considering not only the current legislation but also the developments related to the manifestation of wealth and topics of general repercussion involving the subject in an attempt to question and discuss the controversial points that permeate this theme.
Mutual: concepts and requirements
Tax law cannot change the definition content and scope of institutes concepts and forms of private law used expressly or implicitly by the Constitution the Constitutions of the states Phone Number Data or the Organic Laws of the DF or municipalities .
The wording of article of the National Tax Code CTN demonstrates that the interpretation of Tax Law is not sterile but rather depends on the integration of various concepts of private law that give it shape and life.
In this sense the Civil Code stipulates that mutual is “the loan of fungible things. The borrower is obliged to return to the lender what he received from him in the form of things of the same kind quality and quantity” specifying the financial loan feneratic as one intended for economic purposes in which “due interest is presumed which under penalty of reduction may not exceed the rate referred to in article annual capitalization permitted”.
The Civil Code provides in article that the validity of the legal transaction depends on verifying the existence of: a capable agent; lawful possible determined or determinable object; and form prescribed or not defense in law. Reaffirming in article that the validity of the declaration of will will not depend on a special form except when the law expressly requires it.
Although the wording of the Civil Code is clear enough regarding the requirements for the validity of the acts carried out the Federal Tax Authorities have understood that loan contracts depend on an “important extrinsic formality which is the public registration of the private instrument” unduly interpreting the article of the CC and of the Public Records Law which provides for the assignment of credits an operation that should not be confused even for the most layman with the mutual.
Mutual: concepts and requirements
Tax law cannot change the definition content and scope of institutes concepts and forms of private law used expressly or implicitly by the Constitution the Constitutions of the states Phone Number Data or the Organic Laws of the DF or municipalities .
The wording of article of the National Tax Code CTN demonstrates that the interpretation of Tax Law is not sterile but rather depends on the integration of various concepts of private law that give it shape and life.
In this sense the Civil Code stipulates that mutual is “the loan of fungible things. The borrower is obliged to return to the lender what he received from him in the form of things of the same kind quality and quantity” specifying the financial loan feneratic as one intended for economic purposes in which “due interest is presumed which under penalty of reduction may not exceed the rate referred to in article annual capitalization permitted”.
The Civil Code provides in article that the validity of the legal transaction depends on verifying the existence of: a capable agent; lawful possible determined or determinable object; and form prescribed or not defense in law. Reaffirming in article that the validity of the declaration of will will not depend on a special form except when the law expressly requires it.
Although the wording of the Civil Code is clear enough regarding the requirements for the validity of the acts carried out the Federal Tax Authorities have understood that loan contracts depend on an “important extrinsic formality which is the public registration of the private instrument” unduly interpreting the article of the CC and of the Public Records Law which provides for the assignment of credits an operation that should not be confused even for the most layman with the mutual.