Companies have been inspected and assessed by the Brazilian Federal Revenue Service (RFB), which is demanding the payment of CIDE on a series of remittances abroad, on the grounds that the contracts involve “technological knowledge” or “technology transfer”.
There is a lawsuit, to be judged shortly by the STF, which will assess the constitutionality of CIDE-Remessas. Due to this scenario, ABES decided to create a subgroup that will deal exclusively with this topic, linked to the Tax WG. The online meeting will take place on the 14/06th at 15 pm.
The STF's opinion will be valid for several sectors that remit international payments with alleged incidence of CIDE, among them: Music, Film, Oil, Software, etc. “We aim for more legal certainty than we currently have because of the RFB's interpretation of the incidence of CIDE on international remittances of payment for the rights to commercialize the license to use software. The CIDE Remittance is due only in very specific cases, in which there is in fact a transfer of technology”, explains Jorge Sukarie, counselor at ABES.
The subgroup, linked to the Tax WG, will define which steps ABES should take to contribute and defend with the STF the unconstitutionality of the CIDE charge on remittances, created by Law 10.168/00, in search of more legal certainty and the end of the assessments of the RFB for this reason.
This is an exclusive meeting for representatives of ABES members. Entries must be made via Zoom:
https://us02web.zoom.us/meeting/register/tZAsfuGpqjgsH9Qt8FurmOvFOR42jhgbDX14
Get to know the ABES committees and working groups: https://abes.org.br/servicos/comites-e-grupos-de-trabalho/.
