Our partner Camila Abrunhosa Tapias gave an interview to JOTA about Provisional Measure (MP) 1202/23, which limits the offsetting of tax credits arising from final and unappealable decisions.
According to the report, the judicialization of MP 1202/23, at this point, is taken for granted. The main questioning concerns the possibility of applying the restriction to offsets related to cases that became final and unappealable before the measure was enacted in December 2023.
For the Superior Court of Justice (STJ), the legislation in force at the time of the offset must be applied, while the Federal Supreme Court (STF) validated the restriction on the use of tax losses.
In Camila’s view, “the taxpayer has been harmed for years by paying a tax that wasn’t due”. She questions the fact that this taxpayer was confirmed by the Supreme Court, but cannot offset or refund what was paid.
Read the full article in portuguese: https://mla.bs/2c06f70d
