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Technical News – June 2023

© Jacob Dahgren

 

CASE-LAW

  • Main new developments in case-law:
Court Tax  Link  Take-away
CAAD PIT Here The capital loss of one spouse does not benefit the other, even though the couple has filed the IRS jointly.
STA PIT Here To question the sale value of shares declared in the IRS Form 3, it is not enough to indicate that the balance sheet value (equity or share capital) is higher.
CAAD PIT Here The delay in registration as an NHR does not justify its non-application, as long as the material assumptions are verified.
CAAD PIT Here Even though the proceeds of the sale were given to the ex-spouse, the sale of property to a third party is subject to income tax.
CAAD PIT Here The reinvestment of capital gains in IRS applies in full in the case of the sale of one’s own property by a cohabiting couple (and not only 50%).
CAAD PIT Here The professional activity of “Martial arts instructor” is not on the list of article 151 of the CIRS, and therefore benefits, in the simplified regime of Category B, from the coefficient of 0.35.
CAAD PIT Here Reinvestment of real estate capital gains in IRS applies even if one spouse is a non-resident (as long as the remaining household resides in the property).
TCAN  VAT Here The AT cannot tax with wholesale VAT the value of supplier discounts which, according to a contract of general supply conditions, would have a counterpart in varied services of promotion and distribution and others, with customers, for the products supplied, having to take into account the taxpayer’s accounting elements.
TJUE Excise Duty Here National legislation providing for taxation of coal used for electricity production meets the requirement that the tax must be imposed “for environmental policy reasons” where there is a direct link between the use of the revenue and the purpose of the tax in question or where such a tax is designed in such a way as to influence the behavior of taxpayers in a way that better protects the environment.
TJUE Customs Here Where a declarant finds, after release, that the quantity of goods imported is greater than that shown on his customs declaration, he is obliged to make a new declaration in respect of that excess quantity and may incur penalties, but these penalties must be proportionate.

 

LEGISLATION AND INFORMATION ISSUED BY THE PTA

  • Main new legislation and information from the PTA:
Legislation Tax Link Take-away
Ofício Circulado PIT Here Security deposit received by the landlord is income taxable in IRS, but its return is deductible expense for that year.
Ofício Circulado  CIT Here A spin-off with the purpose of passing on a branch of activity not yet started by the spun-off entity does not benefit from tax neutrality.
Ofício Circulado CIT Here A consulting company is not subject to tax transparency when one of the two partners (50%) only works in the management of the company and does not provide services to clients.
Ofício Circulado PIT Here FAQ about new PIT withholding tax rules (Cat A and H).
Ofício Circulado PIT Here Parking and toll costs for employee vehicles are not taxable wages in PIT (and are deductible in CIT).
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