Post by account_disabled on Mar 11, 2024 23:06:58 GMT -6
Known the current account of a relative any individual a company of which the taxpayer is a partner etc. In these examples there is no need to speak of a presumption of omission of income but rather of identifying the nature of the transaction that led to the transfer of the resource and if applicable the possible tax incidence.
Furthermore a joint reading of the caput of article with its leads to the interpretation that to rule out the legal presumption of omission of income proof of the origin of the resourcess sufficient. Once this is known it is up to the Tax Authorities to examine the hypothesis of possible tax incidence in light of legislation other than article of Law no.
We therefore differ from those who understand Phone Number Data that the term “origin” contained in the caput of article of Law nº refers to the “cause” or “the nature of the operation that generated the credited resources”. It does not seem to us that the interpreter is authorized to give such an extension to the term. When referring to the origin of resources the law only means origin.
Conclusion
The critical analysis of the aspects discussed reveals the complexity inherent to loan operations in the Brazilian tax context. Consideration of the manifestation of wealth the distinction between economic and legal availability and the refutation of the presumption of omission of income are essential. In the midst of controversies the legal community must seek a balance aiming for fiscal justice and legal certainty crucial elements for stability and confidence in the national tax system.
The plenary session of the Federal Supreme Court recognized the constitutionality of article of Law which treats as omission of revenue or income bank deposits of origin not proven by the taxpayer within the scope of inspection procedures and authorizes the collection of Income Tax IR on the values.
The caput of article of Law stipulates that income omitted by the taxpayer is presumed when he “regularly notified does not prove through skillful and suitable documentation the origin of the resources used in these operations”.
However once the origin of the income is proven taxation based on article of Law is no longer applicable.
Furthermore a joint reading of the caput of article with its leads to the interpretation that to rule out the legal presumption of omission of income proof of the origin of the resourcess sufficient. Once this is known it is up to the Tax Authorities to examine the hypothesis of possible tax incidence in light of legislation other than article of Law no.
We therefore differ from those who understand Phone Number Data that the term “origin” contained in the caput of article of Law nº refers to the “cause” or “the nature of the operation that generated the credited resources”. It does not seem to us that the interpreter is authorized to give such an extension to the term. When referring to the origin of resources the law only means origin.
Conclusion
The critical analysis of the aspects discussed reveals the complexity inherent to loan operations in the Brazilian tax context. Consideration of the manifestation of wealth the distinction between economic and legal availability and the refutation of the presumption of omission of income are essential. In the midst of controversies the legal community must seek a balance aiming for fiscal justice and legal certainty crucial elements for stability and confidence in the national tax system.
The plenary session of the Federal Supreme Court recognized the constitutionality of article of Law which treats as omission of revenue or income bank deposits of origin not proven by the taxpayer within the scope of inspection procedures and authorizes the collection of Income Tax IR on the values.
The caput of article of Law stipulates that income omitted by the taxpayer is presumed when he “regularly notified does not prove through skillful and suitable documentation the origin of the resources used in these operations”.
However once the origin of the income is proven taxation based on article of Law is no longer applicable.