Aviso Prévio Indenizado – Contribuição Previdenciária

Aviso Prévio Indenizado – Contribuição Previdenciária

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A contribuição previdenciária é paga sobre o salario de contribuição do trabalhador, onde seu conceito está definido no artigo 28 da Lei 8.212/91, as exceções, estão também previstas no artigo 28, no §9°, sendo que, não está previsto o aviso prévio indenizado, motivo pelo qual, surgem diversas posições quanto a exigibilidade da contribuição previdenciária sobre a referida verba.

A Receita Federal do Brasil, através de várias Soluções de Consulta – sempre orientou sobre a obrigatoriedade de pagar a contribuição previdenciária sobre o Aviso Prévio Indenizado e que era um risco do empregador que não quisesse pagar e teria que se defender, caso fosse autuado pela Receita Federal do Brasil.

O STF vem sendo questionado sobre a repercussão geral quanto a não incidência da contribuição previdenciária sobre o aviso prévio indenizado e através de decisões recentes entende-se que o STF assentou a ausência de repercussão geral da matéria.

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A Procuradoria Geral da Fazenda Nacional, através da NOTA PGFN/CRJ/Nº 485/2016, de 02/06/2016 sugeriu a inclusão do tema em lista de dispensa de contestar e recorrer, quando a discussão posta no processo judicial diga respeito à incidência de contribuição previdenciária sobre o aviso prévio indenizado. O próximo passo é que a Receita Federal do Brasil publique um ADI (Ato Declaratório Interpretativo) que não deve contestar e recorrer dos processos que versem sobre a contribuição previdenciária sobre o Aviso Prévio Indenizado.

O contribuinte que desejar deixar de recolher tais contribuições previdenciárias, sem ser autuado pela Receita Federal, deverá ajuizar uma ação judicial.

Caso seja de interesse da empresa, a TBS Consultoria se propõe a efetuar a apuração dos valores pagos nos últimos cinco anos, desta contribuição e definimos os honorários que serão proporcionais ao êxito alcançado.

Caso tenha alguma dúvida, nos colocamos a disposição para esclarecer as possíveis dúvidas.

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