Our partner Camila Tapias spoke to Jota Pró about the tax reform and the uncertainties impacting companies, which are already adopting measures to deal with current litigation and anticipate the challenges.
“The issue of tax credits is one of the most worrying, and I see this as a great potential for litigation,” says Camila.
That’s why companies are anticipating the use of credits to avoid future losses. “In desperation, many clients are talking about selling the credit so as not to die with it,” she reflects.
On the other hand, IBS and CBS still present points of uncertainty that need to be regulated, especially in relation to tax litigation. “IBS and CBS are theoretically twins and both IBS and CBS will be levied on an operation,” says Camila. “However, when an operation is assessed, I will have two disputes, which may even be divergent, because one court is not obliged to decide the same as the other. This has to be seen.”
With regard to administrative judgments, the CBS should be analyzed by the Administrative Council for Tax Appeals (Carf), while the IBS will be the responsibility of a new judgment structure, dealt with in PLP 108.
“The best of all worlds would be to create a new court,” he points out. “If that’s not possible, Carf needs to open a fourth section. Although CBS has some similarities with PIS and Cofins, there’s a lot that’s new, and we need specialized judges for that,” he adds.
