7 dicas importantes sobre o aproveitamento de créditos tributários federais

7 dicas importantes sobre o aproveitamento de créditos tributários federais

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Caso a pessoa jurídica recolha algum tributo administrado pela Receita Federal por valor maior que o devido, ela pode optar entre pedir a restituição do valor pago a maior, ou compensar o respectivo valor com débitos relativos a outros tributos

1ª DICA: Compensação ou restituição de créditos decorrentes de recolhimento indevido ou a maior

Caso a pessoa jurídica recolha algum tributo administrado pela Receita Federal por valor maior que o devido, ela pode optar entre pedir a restituição do valor pago a maior, ou compensar o respectivo valor com débitos relativos a outros tributos administrados pelo Fisco federal.

Sobre os valores a compensar ou a restituir incidem juros:

a) com base na taxa Selic, a partir do mês subsequente ao do pagamento indevido ou a maior, até o mês anterior ao da compensação; e

b) de 1%, relativo ao mês em que se efetuar a compensação ou restituição.

2ª DICA: Compensação de prejuízos fiscais

O prejuízo fiscal compensável, para efeito da legislação do IR, é aquele apurado na demonstração do lucro real de determinado período e controlado na Parte B do e-Lalur. A utilização desse prejuízo para compensação com lucro real apurado em períodos subsequentes pode ser efetuada total ou parcialmente, independentemente de prazo, devendo ser observado apenas, em cada período de apuração de compensação, o limite de 30% do respectivo lucro líquido ajustado. O mesmo se aplica à base de cálculo negativa da CSL.

O controle do prejuízo fiscal e da base de cálculo negativa da CSL, no e-Lalur (Livro para controle do prejuízo fiscal) e no e-Lacs (Livro para o controle da base de cálculo negativa da CSL), respectivamente, bem como o aproveitamento do saldo devedor mediante compensação futura são feitos nos Registros M010, M300, M410 e M500 (e-Lalur) e M010, M350, M410 e M500 (e-Lacs) na Escrituração Contábil Fiscal (ECF).

3ª DICA: Aproveitamento de créditos da Cofins e da contribuição para o PIS-Pasep

As pessoas jurídicas sujeitas ao regime não cumulativo da Cofins e da contribuição para o PIS-Pasep podem aproveitar créditos em relação:

a) a bens adquiridos para revenda;

b) a bens e serviços utilizados como insumo na prestação de serviços e na produção ou fabricação de bens ou produtos destinados à venda, inclusive combustíveis e lubrificantes;

c) a energia elétrica e energia térmica, inclusive sob a forma de vapor, consumidas nos estabelecimentos da pessoa jurídica;

d) aos aluguéis de prédios, máquinas e equipamentos pagos a pessoa jurídica, utilizados nas atividades da empresa;

e) ao valor das contraprestações de operações de arrendamento mercantil de pessoa jurídica;

f) aos encargos de depreciação e amortização de máquinas, equipamentos e outros bens incorporados ao ativo imobilizado, adquiridos ou fabricados para locação a terceiros, ou para utilização na produção de bens destinados à venda ou na prestação de serviços;

g) aos bens recebidos em devolução, cuja receita de venda tenha integrado faturamento do mês ou de mês anterior;

h) a armazenagem de mercadoria e frete na operação de venda;

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i) vale-transporte, vale-refeição ou vale-alimentação, fardamento ou uniforme fornecidos aos empregados por pessoa jurídica que explore as atividades de prestação de serviços de limpeza, conservação e manutenção;

A pessoa jurídica deve ficar atenta ao correto aproveitamento dos créditos dessas contribuições, pois o cálculo incorreto acarretará na oneração do valor a pagar.

4º DICA: Per/DComp – Pedido Eletrônico de Restituição, Ressarcimento ou Reembolso e Declaração de Compensação

Trata-se de uma obrigação acessória que o contribuinte deve utilizar para a restituição, ressarcimento ou reembolso e a compensação de quantias recolhidas a título de tributo ou contribuição administrados pela Secretaria da Receita Federal do Brasil. Assim, a pessoa jurídica deve fazer o download do programa no site do Fisco e baixar sempre versões atualizadas.

As normas sobre restituição, compensação, ressarcimento e reembolso, no âmbito da Receita Federal do Brasil, constam da Instrução Normativa RFB nº 1.300/2012.

5ª DICA: Planejamento tributário – Uma forma de minimizar a carga tributária das empresas

O planejamento tributário é uma das melhores formas para chegar à redução de custos e obter créditos tributários.O estudo de impostos e contribuições, como por exemplo, do IRPJ, CSL, PIS-Pasep, Cofins, ICMS e do IPI oferecem oportunidades de economia tributária.

6ª DICA: Prescrição de créditos tributários – Acompanhe o dia-a-dia da legislação

Muitas empresas têm direito a créditos tributários, porém, não ficam atentos a prazos de compensação. Os créditos podem perder sua validade, isto é, podem ser prescritos. Portanto, é fundamental que a empresa não deixe 5 (cinco) anos transcorrerem sem fazer uso dos créditos tributários. Seguem 5 (cinco) dicas para o aproveitamento desses créditos:

1. Atente ao artigo 174 do CTN (Código Tributário Nacional – Lei nº 5.172/1966);

2. Conheça o período para a prescrição destes créditos;

3. Identificar a data de lançamento;

4. Identificar a data da constituição definitiva dos créditos; e

5. Utilizar os créditos o mais rápido possível.

7ª DICA: Registro dos créditos na contabilidade

A base dos registros contábeis é a documentação (notas fiscais, recibos, contratos, etc.). Portanto, é importante que o registro dos créditos tributários esteja reconhecido na contabilidade da empresa. No caso de fiscalização ou exigência de comprovação pelo Fisco a empresa tem como se alicerçar e apresentar a justificativa dos créditos no livro Diário através dos lançamentos contábeis.

Os artigos 1.179 a 1.195 do Código Civil (Lei nº 10.406/2002) dispõem sobre a escrituração comercial.

Fonte: Contábeis
Data: 03 de março de 2017
Acesso: 03 de março de 2017

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  99. I was curious if you ever thought of changing the structure of your website? Its very well written; I love what youve got to say. But maybe you could a little more in the way of content so people could connect with it better. Youve got an awful lot of text for only having 1 or 2 pictures. Maybe you could space it out better?

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