STJ volta a julgar Cofins sobre receitas financeiras

STJ volta a julgar Cofins sobre receitas financeiras

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A 1ª Turma do Superior Tribunal de Justiça (STJ) suspendeu pela terceira vez o julgamento em que definirá a possibilidade da cobrança do PIS e Cofins sobre receitas financeiras. A discussão bilionária, por enquanto, tem dois votos favoráveis à Companhia Zaffari Comércio e Indústria e um a favor da União.

Essa é a primeira vez que o tema é julgado pela 1ª Turma. A 2ª Turma, que também analisa matéria tributária, interpreta o assunto como constitucional e, por isso, entende que o Supremo Tribunal Federal é quem deve definir a disputa – que está em repercussão geral, sem a suspensão de processos.

No centro da discussão está o Decreto nº 8.426, de 2015, que estabeleceu a tributação de receitas financeiras de empresas do regime não cumulativo. As alíquotas – que estavam zeradas desde 2004 – foram fixadas em 4% para a Cofins e 0,65% para o PIS. As mudanças têm como base a Lei nº 10.865, de 2004, pela qual Executivo pode reduzir ou restabelecer alíquotas dessas contribuições incidentes sobre as receitas financeiras.

O Decreto nº 8.426, de 2015, foi um ingrediente importante no ajuste fiscal de 2015, segundo afirmou o procurador da Fazenda Nacional, Clóvis Ferreira da Silva Neto, no julgamento iniciado em 2016 no STJ. A Procuradoria-Geral da Fazenda Nacional (PGFN) estima que a alteração é responsável por uma arrecadação anual próxima de R$ 8 bilhões.

Ontem, ao levar seu voto-vista, o ministro Gurgel de Faria defendeu a cobrança. Para ele, não cabe à 1ª Turma analisar a constitucionalidade da lei que permitiu ao Executivo alterar alíquota por meio de decreto. Por isso, considerou a majoração das alíquotas válida.

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O ministro citou o princípio constitucional da legalidade, que estipula a obrigatoriedade de lei para criar tributo ou aumentar alíquotas. Com base nesse princípio, a Lei nº 10.865, de 2004, seria inconstitucional para o magistrado. Mas como não caberia à 1ª Turma julgar a constitucionalidade, ele considerou a lei válida. Além disso, defendeu que se o decreto de majoração fosse ilegal, os que reduziram as alíquotas a zero também seriam.

O ministro Benedito Gonçalves pediu vista na sequência, indicando que existem três linhas no julgamento. O ministro Sérgio Kukina aguarda para votar. O relator, ministro Napoleão Nunes Maia Filho, e a ministra Regina Helena Costa já haviam votado contra a cobrança, por motivos diferentes.

A ministra Regina Helena Costa considera a incidência de PIS e Cofins sobre receitas financeiras possível, mas não reconhece a forma como foi estabelecida – por meio de decreto. Para ela, o parágrafo 2º do artigo 27 da Lei nº 10.865, de 2004, estaria em desacordo com o Código Tributário Nacional ao dar essa autonomia da alteração de alíquota ao Poder Executivo.

Já para o relator, Napoleão Nunes Maia Filho, além da majoração de alíquota depender de lei, sendo inadequado o uso de decreto, a receita financeira não seria tributável pelas contribuições sociais. Segundo ele, as leis que regem os tributos não falam em receitas financeiras, mas em faturamento.

(Beatriz Olivon | De Brasília)

Fonte: Valor Econômico
Data: 19 de abril de 2017
Acesso: 20 de abril de 2017

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  164. The other day, while I was at work, my sister stole my apple ipad and tested to see if it can survive a twenty five foot drop, just so she can be a youtube sensation. My iPad is now broken and she has 83 views. I know this is totally off topic but I had to share it with someone!|

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  175. When I originally left a comment I appear to have clicked the -Notify me when new comments are added- checkbox and now whenever a comment is added I get four emails with the exact same comment. Is there a means you are able to remove me from that service? Cheers!|

  176. Heya this is somewhat of off topic but I was wanting to know if blogs use WYSIWYG editors or if you have to manually code with HTML. I’m starting a blog soon but have no coding experience so I wanted to get guidance from someone with experience. Any help would be enormously appreciated!|

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