Receita Federal esclarece sobre incidência previdenciária do terço constitucional de férias, hora extra, primeiros 15 dias de auxílio-doença, auxílio-acidente, aviso-prévio indenizado, salário-maternidade e adicionais de insalubridade

Receita Federal esclarece sobre incidência previdenciária do terço constitucional de férias, hora extra, primeiros 15 dias de auxílio-doença, auxílio-acidente, aviso-prévio indenizado, salário-maternidade e adicionais de insalubridade

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A Receita Federal do Brasil esclareceu que valores recebidos por empregados a título de terço constitucional de férias constituem hipótese de incidência das contribuições sociais previdenciárias.

Por constituir parcela não indenizatória, de caráter contraprestativo e salarial, paga ao trabalhador em razão do seu exercício laboral em horário excedente ao aprazado, em conformidade com a legislação trabalhista, o horário de trabalho extraordinário, incorporado ou não ao salário, constitui hipótese de incidência das contribuições sociais previdenciárias.

Durante os primeiros 15 dias consecutivos ao do afastamento do trabalhador das suas atividades, por motivo de doença, a empresa lhe pagará o seu salário integral, que não detém natureza indenizatória, mas constitui medida legal protetiva do salário do trabalhador contra eventuais infortúnios que lhe impeçam o exercício das suas atividades laborais. Constitui esse período, portanto, hipótese de incidência das contribuições sociais previdenciárias.

O auxílio-acidente é concedido, como indenização, ao segurado empregado, ao trabalhador avulso e ao segurado especial, quando, após a consolidação de lesões decorrentes de acidente de qualquer natureza, resulte sequela definitiva. Ele tem natureza indenizatória, motivo pelo qual não constitui hipótese de incidência das contribuições sociais previdenciárias.

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O STJ, ao julgar o Recurso Especial nº 1.230.957/RS, no âmbito da sistemática do art. 543-C do CPC, afastou a incidência das contribuições sociais previdenciárias sobre o aviso-prévio indenizado. Em razão do disposto no art. 19 da Lei nº 10.522/2002, na Portaria Conjunta PGFN/RFB nº 1/2014 e na Nota PGFN/CRJ nº 485/2016, a RFB encontra-se vinculada ao referido entendimento.

Valores recebidos por empregados a título de salário-maternidade constituem hipótese de incidência das contribuições sociais previdenciárias.

Valores recebidos por empregados a título de adicionais de insalubridade e de periculosidade são verbas de natureza remuneratória, razão pela qual constituem hipótese de incidência das contribuições sociais previdenciárias.

(Solução de Consulta Cosit nº 143/2019 – DOU 1 de 02.04.2019)

Fonte: Editorial IOB
Data: 02 de abril de 2019
Acesso: 05 de abril de 2019

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