On March 08, the STJ will judge Theme 1.160, deciding, under the system of repetitive appeals, the controversial issue about the possibility of incurring Income Tax and Social Contribution on Net Profits on the total income and net gains from financial operations, even in the case of equity variations resulting from differences in monetary correction.
The thesis has a good chance of success, in view of the favorable opinion to taxpayers presented by the Attorney General's Office of the Republic. Moreover, the grounds favorable to taxpayers are reinforced by recent decisions rendered by the STF, in which the Supreme Court has defined that the legal late payment interest (Theme 808) and the SELIC levied on refunds of undue payments (Theme 962) are intended only to recover actual losses and, therefore, do not imply an increase in net worth, and are not subject to IRPJ/CSLL.
For more information, please contact our Tax team at tributariocontencioso@btlaw.com.br).
