First the bad news. We stand at the beginning of a brutal economic crisis of truly historical proportions. Many businesses will fail and employees lose their jobs. Economic, social and quality of life issues loom. Much of this pain may be unavoidable.
But do not despair. There is a solution. There is a lot more that government and the business community can do to ease the pain. Investors have capital they are willing to invest in the SME space.
A civil construction company was assessed for having carried out a share sale transaction preceded by a capital reduction, with consequent repayment of the shares that would be sold to companies based in Uruguay, which ultimately figured as sellers of the equity interest . As a result of the design of the operation, the capital gain was taxed at a rate of 15% (non-resident gain), instead of 34%, as preferred by inspection.
The tax planning was understood by the fiscalization as simulation of operation of alienation of shares to the foreign company. As a result, a tax assessment notice was issued that required the positive difference of IRPJ and CSLL due on the alleged disposal operation carried out by the Brazilian holding company.