Publications - Ernesto Borges Advogados

Tax 30/07/2024

26.5% VAT CAP MAY BE UNCONSTITUTIONAL

Recently, the Chamber of Deputies approved the basic wording of the first supplementary bill (PLP 68/2024) that regulates the tax reform on consumption. The bill is now under analysis by the Federal Senate. Upon approval of the constitutional amendment of the tax reform (EC No. 132/2023), ICMS (Tax on the Circulation of Goods and Services)…

Insurance and Reinsurance 24/07/2024

THE TRAGEDY OF RIO GRANDE DO SUL AND ITS REPERCUSSION IN THE INSURANCE AND REINSURANCE MARKET IN BRAZIL.

Year after year, Brazil has been facing a number of natural disasters that challenge the resilience of its population. In particular, the recent tragedy in the State of Rio Grande do Sul has provoked several relevant discussions, including on the role of the insurance and reinsurance market in the country. According to Fitch Ratings, owing…

Court-Supervised Reorganization 24/07/2024

FIDUCIARY SALE SECURED CLAIM CANNOT UNDERGO CHANGES IN ITS NATURE IN VIEW OF THE RECOGNITION OF THE ESSENTIALITY OF CAPITAL GOOD IN A COURT-SUPERVISED REORGANIZATION

For those who are immersed in the insolvency area, or for those who are only interested in the matter, Article 49, of Law 11101/2005, establishes the claims and obligations that may be renegotiated by Debtors in a Court-Supervised Reorganization Plan . Thus, the aforementioned article sets forth: all claims existing on the date of the…

Tax 19/07/2024

CRYPTO TAXED AS FINANCIAL INVESTMENT BY INTERNAL REVENUE SERVICE

Through the Inquiry Solution of the General Coordination of Taxation (Cosit) No. 86/2024, the Brazilian Internal Revenue Service understood that the remuneration for the onerous assignment of crypto assets should be taxed by income tax as earning from fixed income application. From the standpoint of the inquirer company, opting for the National Simplified Taxation Regime,…