In a session held on 04/05/2021, the 1st Panel of the STJ upheld the collection of the Service Tax (ISS) from a company that provides management services for an investment fund established abroad.
In its defense, the company sustained the non-levy of the ISS tax because it is a form of exportation of services, since the fund it manages is based in the United States and it is there that the result of the efficient management is obtained.
However, after analyzing the case at hand, the Justices concluded that the results of the investments made by the manager occurred in Brazil. The majority opinion was that the effects of the orders for purchase and sale of assets occurred in the country, and the return of the money abroad was merely an operational formality.
This is the first precedent set by the STJ on the matter and does not exhaust the discussion of the matter, which may still be submitted to the Judiciary by taxpayers.
The Justices made it clear in the judgment that the analysis (on the ISS levy or not) has to be made on a case-by-case basis. This is because, if the elements in the concrete case indicate that the results of the services occurred abroad, there should be no requirement of the Tax.
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