In 2017, Brazil was 184th out of 190 countries in a Doing Business ranking prepared by the World Bank evaluating the relationship between the country’s tax laws and the ease of starting and maintaining the operation of a local company.
In other words, the research conducted by the World Bank revealed a fact that is, unfortunately, very well known in Brazilians’ daily lives: the high complexity of the country’s tax legislation creates enormous difficulty in complying with tax obligations.
In fact, Brazilian taxpayers face more than 80 taxes due to the Federal Government, 27 states and more than 5 thousand municipalities, subject to an immense number of laws, regulations, decrees, normative acts, ordinances, instructions, etc., that try to regulate all the formal, bureaucratic and pecuniary issues of the most diverse taxes.
In view of the enormous complexity of the national tax system, it is essential to have a qualified lawyer who knows how to instruct the taxpayer regarding the taxes that must be paid, as well as the form that this payment should take, including by presenting alternatives so as to reduce the tax burden.
In addition, in the current national context in which various tax regulations are issued with unlawful and/or unconstitutional provisions, the work of a specialized lawyer becomes even more essential, as it makes it possible to avoid the charging of taxes through administrative and legal proceedings.
HOW WE CAN HELP YOU NAVIGATE IN THIS WORLD
- Review of your company’s operations to optimize and reduce the tax burden by analyzing correct compliance with all tax obligations, identifying any deficiencies and measures to repair them.
- Tax optimization in financial, loan, purchase and sale, leasing and M&A transactions, through prior analysis of transactions and possible precautions to be taken to avoid/mitigate risks.
- Analysis and optimization of the business cash flow, in order to avoid the accumulation of ICMS credits, by evaluating the structure and proposing a special regime that meets the peculiarities of the client’s operation.
- Optimization of taxation involved in the maintenance of equipment, by means of detailed analysis of operations, in order to suggest changes and/or propose a special regime that meets the client’s needs.
- Structuring of import operations, with imported products and e-commerce, in order to conduct in-depth analysis of the most suitable location from which to operate and precautions to be adopted to avoid questioning from the tax authorities.
- Analysis and creation of succession planning structures and family holding.
- Survey of PIS, COFINS, ICMS and IPI tax credits.
- Consulting, response and follow-up in compliance with inspection procedures, in all spheres (municipal, state and federal).
- Defense and follow-up in administrative tax proceedings, in all spheres (municipal, state and federal).
- Adoption of administrative and legal measures to obtain a certificate of tax regularity (“Debt Clearance Certificate” or “Positive Certificate with Negative Effects”) before all federative entities (Country, States and Municipalities).
- Provision and follow-up of legal measures to avoid the collection of undue taxes and/or remove undue penalties.
- Extensive knowledge and experience in tax legislation, enabling us not only to verify possible problems in the operation of the company but also to suggest practical and creative solutions with simple and visual language.
- Creativity and experience in suggesting improvements in operations, as well as developing, presenting and following up requests for special tax regime.
- In-depth knowledge in specific market areas, such as agribusiness (special taxation of the rural producer), beauty and personal hygiene (IPI treatment) and civil construction (RET).
- Sincerity in dealing with clients, in order to always inform and measure the possible risk in the suggested strategies. We do not shy away from giving a concrete opinion to the client about the security (or otherwise) of the transaction.
- We go the extra mile with the client: whether in preparing a legal opinion, in the defense of the interests in an administrative or legal process, we accompany the issue right until the end, always supporting the client at all the stages.