Post by xyz3000 on Feb 12, 2024 11:44:12 GMT 2
The company Sistema Leasing de Arrendamento Mercantil does not need to collect CPMF for its fundraising operations and investment in financial deposits. Minister Antônio de Pádua Ribeiro, of the Superior Court of Justice, granted an injunction to the company. The minister's decision suspends the application of the decision of the Federal Regional Court of the 3rd Region until the judgment, in the STJ, of the merits of the special appeal in which the company requests definitive recognition of its right not to collect the contribution. In the request for an injunction, the company demonstrated that the TRF 3rd decision contradicts the majority understanding of the STJ on the matter – several decisions go in the sense that leasing companies are financial institutions.
Thus, their activities are regulated by Law 9,311/96, article 8, item III, and by ordinances 6/97 and 134/99, both from the Ministry of Finance, and are, therefore, exempt from paying CPMF in the operations they carry out. Unlike this position, the 3rd Panel of the TRF of the 3rd Region understood that Estonia Email List the incidence of CPMF at a zero rate is restricted to the company's operations relating to commercial leasing, as lessor. At the STJ, the company claimed that the TRF-3 decision leaves it in a vulnerable situation, with the risk of being fined by the Tax Authorities for non-payment of CPMF on the fundraising operations it carries out, including in the interbank market and abroad, with or without issuing securities and investing in financial deposits.
Nehemias Gueiros states that in the United States there is the Entertainment Law discipline, in which interested parties can study at a higher or postgraduate level. But, according to the lawyer, “the situation in Brazil is sadly different from the American reality”. “Without a mandatory course on intellectual property and with very rare opportunities to study the subject, except for those already in the market, the systematic study of Copyright Law and, consequently, its correct assimilation by the market, by agents and subjects of Law and by the Judiciary are still light years away from the minimum level necessary for a solid and transparent evolution of the fun and entertainment business”, says Gueiros.
Thus, their activities are regulated by Law 9,311/96, article 8, item III, and by ordinances 6/97 and 134/99, both from the Ministry of Finance, and are, therefore, exempt from paying CPMF in the operations they carry out. Unlike this position, the 3rd Panel of the TRF of the 3rd Region understood that Estonia Email List the incidence of CPMF at a zero rate is restricted to the company's operations relating to commercial leasing, as lessor. At the STJ, the company claimed that the TRF-3 decision leaves it in a vulnerable situation, with the risk of being fined by the Tax Authorities for non-payment of CPMF on the fundraising operations it carries out, including in the interbank market and abroad, with or without issuing securities and investing in financial deposits.
Nehemias Gueiros states that in the United States there is the Entertainment Law discipline, in which interested parties can study at a higher or postgraduate level. But, according to the lawyer, “the situation in Brazil is sadly different from the American reality”. “Without a mandatory course on intellectual property and with very rare opportunities to study the subject, except for those already in the market, the systematic study of Copyright Law and, consequently, its correct assimilation by the market, by agents and subjects of Law and by the Judiciary are still light years away from the minimum level necessary for a solid and transparent evolution of the fun and entertainment business”, says Gueiros.