Empresa pode ser multada por exclusão do ICMS do PIS/Cofins

Empresa pode ser multada por exclusão do ICMS do PIS/Cofins

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A demora do Supremo Tribunal Federal (STF) para finalizar o julgamento que excluiu o ICMS da base de cálculo do PIS e da Cofins pode levar empresas a serem penalizadas por causa dos dados enviados à Receita Federal por meio da Escrituração Fiscal Digital (EFD). O órgão multará os contribuintes com decisão judicial — sem especificar o cálculo — que informarem no documento a exclusão do ICMS registrado em notas fiscais.

“Se não houver decisão judicial determinando especificamente a base de cálculo da exclusão, será adotada a interpretação dada pela Solução de Consulta nº 13”, diz a Receita Federal por meio de nota enviada ao Valor.

A solução de consulta foi editada em outubro pela Coordenação-Geral de Tributação (Cosit) da Receita. Por meio do texto, o órgão orienta os fiscais no sentido de que só deve ser excluído dessa conta o ICMS efetivamente recolhido — montante menor do que o registrado nas notas fiscais.

O envio mensal da EFD-Contribuições é obrigatório para todas as empresas que pagam PIS e Cofins. O prazo para encaminhar a primeira escrituração do ano venceu este mês.

No dia 15, ao publicar a Instrução Normativa nº 1.876, a Receita detalhou as penalidades aplicáveis. A norma estabelece que a apresentação da EFD-Contribuições com incorreções ou omissões acarretará aplicação das multas, “sem prejuízo das sanções administrativas, cíveis e criminais cabíveis”.

A IN também adapta a regulamentação da Receita à Lei nº 13.670, de 2018. A lei estipula multa de 0,5% da receita bruta aos que não atenderem aos requisitos para a apresentação dos registros e arquivos da EFD; multa de 5% do valor da operação até 1% da receita bruta a quem omitir ou prestar informações incorretas; e de 75% se a obrigação for cumprida em prazo fixado em intimação.

“A multa dependerá da situação específica do contribuinte, mas a regra geral é de aplicação de um percentual de 75% no lançamento de ofício [autuação]”, afirma a Receita Federal por nota.

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Para o advogado Humberto Marini, sócio da área tributária do CMA, a Fazenda cria um ambiente de maior insegurança jurídica com a exigência na EFD-Contribuições. “A Solução de Consulta 13 desvirtua o posicionamento do Supremo”, diz.

Marini afirma que a maioria das empresas obteve decisão judicial genérica, declarando apenas que deve excluir o ICMS do PIS/Cofins. “Algumas optaram por esperar uma eventual penalidade decorrente da EFD-Contribuições e, se ocorrer, entrar com ação na via administrativa primeiro”, diz.

A questão ainda está em aberto no STF. Os ministros ainda precisam julgar o recurso (embargos de declaração) da Procuradoria-Geral da Fazenda Nacional (PGFN) contra a decisão proferida há dois anos. A razão da demora pode ser o possível reflexo financeiro da decisão, de até R$ 250 bilhões de acordo com estimativa da Fazenda.

“A Fazenda usou manobras jurídicas para postergar o julgamento da tese por mais de dez anos e, agora, argumenta impacto no orçamento da União. Trata-se de uma inconstitucionalidade conveniente”, afirma Marini.

Na Athros Auditoria e Consultoria, somente nos casos em que a empresa possui decisão determinando expressamente a exclusão do ICMS da nota fiscal já preenche-se a EFD-Contribuições com esta informação. “Este ano, o layout da EFD mudou e existe espaço para ajuste e dizer a que ele se refere. Ali pode-se explicar que se exclui o ICMS destacado nas notas fiscais com base em processo judicial transitado em julgado”, afirma o consultor Douglas Campanini.

Quem conseguiu decisão judicial genérica, até pode se arriscar, segundo Campanini. “É possível justificar o ajuste com o número do processo judicial, sem detalhar o cálculo. Mas se os embargos forem julgados pelo STF em sentido desfavorável ao contribuinte, haverá o risco da multa de 75%”, diz.

Fonte: Valor Econômico
Data: 28 de março de 2019
Acesso: 05 de abril de 2019

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  77. Did you understand these realities on CBD OIL and Full Spectrum CBD Hemp Oil? Cannabinoids are isolated from hemp using supercritical CO2 extraction. Thanks to modern technology, the resulting solution is tidy, without heavy metals and unneeded waxes, naturally present in the plant, and the drawn liquid has a normal, oily consistency. CBD oil consists of cannabidiol as a base active ingredient and might consist of just trace amounts of tetrahydroxycannabidiol (THC). Functions as a memory enhancer, improving concentration and coordination of movements, removing inflammation and reoccurring infections. It improves the conduction of stimuli in the course of autoimmune diseases (several sclerosis, amyotrophic sclerosis). It is advised by medical professionals and pharmacists as an antioxidant and substance that blocks the action of proinflammatory cytokines (proteins), e.g. in Crohn’s illness or ulcerative intestinal tract. RSO oil has a low CBD material, while high THC. Naturally, the crucial job of RSO is to cause a psychoactive result, although it can likewise stimulate ”sick” brain structures. It deserves knowing that supplements of this type is mostly utilized by individuals to whom standard treatment does not bring relief in health problem. The synergistic (enhancing) action of CBD and THC relative to each other is utilized here. Both cannabinoids can do far more together than when used independently. In addition, they jointly stimulate the division of non-active afferent neuron, nourish the fatty envelope of the nerves, and avoid myelin inflammation that triggers loss of function in some autoimmune diseases. There are likewise stories where marijuana in its natural kind softened spasticity, decreased the frequency of seizures and convulsions, and reduced unpleasant scrapie in Parkinson’s illness. This is where the concept of receiving RSO, intended only for chronically ill individuals, stemmed . Both marijuana oil type CBD and RSO also consist of other cannabinoids, such as cannabichromene (CBC) and cannabigerol (CBG). The trick is not, however, that CBD frequently has actually a composition expanded to include flavones, flavonoids, terpenes, terpenoids, amino acids and omega acids. The distinction is mostly due to intentions guiding mankind to use one or the other product. CBD medical cannabis oil is a rather beneficial mix of cannabinoids, developed to protect versus 21st century illness. It’s finest to utilize all of these compounds together, as nature created them and confined in marijuana inflorescences. It turns out that cannabidiol enhances the results of cannabichromene (CBC) and cannabigerol (CBG), and flavonoids or flavones enhance the absorption of these substances. Omega-6 and omega-3 extremely nourish the body and do not enable to change, which accelerate the aging procedure of the organism and boost the development of cancer. Oil of cannabis in a kind of pastime APR includes small quantities of CBD, stabilized by the existence of THC. – Modern clinical research study shows that CBD + THC cope with severe autoimmune illness, while CBC or CBG show minimal activity in the presence of both substances, just like flavones, terpenes or flavonoids, therefore their material in the option seems to be unnecessary. In addition, the marijuana pressure from which THC and CBD are derived contain minimal amounts of other cannabinoids. Marijuana oil has currently marked a new age in which man ceased to fear what is unidentified, and began to find what our forefathers had currently observed and use the significant potential, at very first look, a little strange relationships, associated generally with pathology. Medical cannabis, contrary to its name, does not mean fermented female inflorescences and leaves consisting of psychoactive substances coiled in so-called ”Joints”, however a helpful oil without psychoactive THC. A basic individual, after taking dosages of medicinal cannabis and achieving the suitable state of cannabinoids in the blood, can take pleasure in increased immunity, lowered susceptibility to cancer, postponed aging and reduced risk of stroke or heart attack. CBD oil contains cannabidiol as a base component and might include only trace quantities of tetrahydroxycannabidiol (THC). RSO oil has a low CBD content, while high THC. Both cannabis oil type CBD and RSO also consist of other cannabinoids, such as cannabichromene (CBC) and cannabigerol (CBG). CBD medical cannabis oil is a rather useful blend of cannabinoids, developed to safeguard versus 21st century disease. Oil of marijuana in a kind of hobby APR contains little quantities of CBD, balanced by the existence of THC.

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