STJ divulga entendimentos da corte sobre salário-educação e Funrural

STJ divulga entendimentos da corte sobre salário-educação e Funrural

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O Superior Tribunal de Justiça disponibilizou nesta segunda-feira (23/10) quatro novos temas na Pesquisa Pronta. Um dos assuntos destacados aborda Direito Previdenciário. Ao analisar a possibilidade de tratar o salário-educação como salário in natura, o STJ entende que, embora tenha valor econômico, o auxílio não deve ser considerado remuneração do trabalhador, pois constitui investimento na qualificação de empregados e não retribui o trabalho efetivo.

Ainda de acordo com a jurisprudência do STJ, as cooperativas possuem legitimidade para postular a inexigibilidade da contribuição ao Fundo de Assistência ao Trabalhador Rural (Funrural). Contudo, tal permissão não abrange o pedido de compensação ou restituição de débito.

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Já a 1ª Seção firmou o entendimento de que, nos casos em que a montadora ou fabricante de veículos não faz o transporte por conta própria, o valor do frete não deve ser incluído na base de cálculo do Imposto sobre Circulação de Mercadorias e prestação de Serviços (ICMS), em atenção ao disposto no artigo 13, parágrafo 1º, inciso II, alínea “b”, da Lei Complementar 87/96.

Em outro tema sobre Direito Tributário, a jurisprudência do STJ orienta que não incide contribuição previdenciária, a cargo do empregador, sobre as verbas pagas a título de abono assiduidade, folgas não gozadas, auxílio-creche e convênio saúde.

Fonte: Conjur
Data: 23 de outubro de 2017
Acesso: 25 de outubro de 2017

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