Carf mantém autuação fiscal de R$ 2,64 bi lavrada na Operação Persona

Carf mantém autuação fiscal de R$ 2,64 bi lavrada na Operação Persona

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BRASÍLIA – O Conselho Administrativo de Recursos Fiscais (Carf) negou o recurso de uma empresa importadora contra autuação fiscal lavrada no âmbito da Operação Persona, segundo informações divulgadas hoje pela assessoria de imprensa da Receita Federal. O auto de infração de R$ 2,64 bilhões corresponde à exigência de Imposto sobre Produtos Industrializados (IPI) do período de 2004 a 2007, acrescido de multa e juros.

Deflagrada em 2007, a Operação Persona desarticulou esquema fraudulento de comércio exterior, que teria sido criado por empresários brasileiros para beneficiar uma multinacional americana.

A investigação foi conduzida pelos Escritórios de Pesquisa e Investigação (Espei) da 5ª (Bahia e Sergipe) e da 8ª (São Paulo) Regiões Fiscais. Após a operação, foi constituída uma Equipe Especial de Fiscalização na 8ª Região para a cobrança dos débitos tributários.

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Segundo a Receita, o auto de infração, que superou o valor estimado no início da Operação Persona, foi considerado um marco dentro da instituição porque antes o conceito de solidariedade era pouco utilizado. Somente na autuação analisada pelo Carf, foram arrolados 18 responsáveis solidários. A maioria deles foi confirmada.

Ainda de acordo com a decisão do Carf, conforme a Receita, a fiscalização comprovou que “as empresas que aparecem como importadoras diretas, bem como as distribuidoras, foram utilizadas para ocultar a real importadora, mediante simulação da operação de aquisição das mercadorias de origem estrangeira já nacionalizadas, e assim excluindo a real importadora do processo direto de importação, de modo a evitar a sua equiparação a estabelecimento industrial e, em decorrência, excluí-lo da condição de contribuinte do IPI”.

Fonte: Valor Econômico
Data: 24 de novembro de 2016
Acesso: 25 de novembro de 2016

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