Nem todos os contribuintes sabem que têm direito à restituição de parte dos impostos que paga. E aqueles que sabem, por vezes têm receio de ser mal interpretados pelo Fisco
O crédito tributário pode ser uma fonte alternativa de capital de giro das empresas -especialmente em meio à economia recessiva e bancos crescentemente seletivos na concessão de empréstimos.
Mas nem sempre é simples obter esse recurso, lastreado por vezes em legislações vagas, interpretadas, em geral, pela ótica do Fisco.
É por isso que tributaristas e contadores recomendam que as empresas façam um diligente trabalho de levantamento dos seus passivos.
É preciso checar tudo o que possa gerar crédito, como insumos usados na produção ou na prestação de serviços, gastos com combustíveis e frete, entre outros.
Para Fabricio Carneiro, supervisor de tributos indiretos da De Biasi, créditos tributários podem ser utilizados como planejamento tributário.
Uma empresa às voltas com problemas de caixa, que necessita de capital de giro, pode, por exemplo, optar por fazer uma operação de leasing em vez de adquirir um equipamento ou veículo de que necessita..
As despesas com leasing geram créditos de Pis e Cofins, pagos mensalmente. “Em vez de buscar empréstimo nos bancos e pagar juros altos, a empresa pode usar compensações desse tipo para cobrir gastos”, diz Carneiro.
Eis aí uma possibilidade que ganha força ante conhecidas dificuldades para se obter empréstimos no sistema financeiro. Segundo o Banco Central, em 12 meses, terminados em setembro, os financiamentos às companhias caíram 6,5%.
PIS/COFINS
Os créditos de Pis e Cofins são abrangentes -mas convém lembrar que só podem ser exigidos pelas empresas que apuram pelo critério não-cumulativo, pagando alíquotas conjuntas de 9,25%.
De maneira geral, dão direito ao crédito de Pis/Cofins despesas com energia elétrica, operações de leasing para aquisição de equipamentos que serão utilizados na empresa, aluguel de prédios, ou na compra de bens destinados ao ativo imobilizado da empresa.
Também geram crédito os gastos com frete e armazenamento de mercadorias nas operações de vendas, desde que esses serviços sejam terceirizados. Quem usa frota e depósito próprio não está habilitado a obter essa compensação.
O Pis e a Cofins também garantem créditos tributários na compra de insumos que serão utilizados para a produção ou então na prestação de serviços, caso do combustível.
Mas pende aqui uma questão polêmica: a legislação tem uma definição muito vaga do que é insumo, e o Fisco costuma tirar partido da imprecisão.
“A Receita tem uma visão muito restritiva daquilo que considera insumo”, afirma Valéria Zotelli, sócia responsável pela área tributária do escritório Miguel Neto. Por isso, ressalta, é fundamental que o empresário faça a leitura total das suas despesas, mas pelo olhar da Receita.
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A Receita trata como insumo basicamente aquilo que é usado para se produzir algo, mas nos meios jurídico e acadêmico se discute um conceito mais amplo. Por exemplo, se um serviço gerando outro serviço não poderia ser considerado insumo também.
Esse debate ganha relevância no âmbito da Reforma do Pis e da Cofins que está sendo desenhada.
A proposta acaba com o critério cumulativo do Pis/Cofins, que não dá direito a crédito. Eem contrapartida, permite uma alíquota conjunta menor, de 3,65%, às empresas.
Se essa proposta fosse aprovada, as empresas obrigatoriamente passariam a pagar alíquota de 9,25% pelo critério não-cumulativo, com a vantagem de se creditarem.
Mas, segundo Valéria, alguns setores sairiam prejudicados pela visão restritiva do Fisco. Caso das empresas de serviços, que têm como “insumo” mais dispendioso os seus funcionários.
As empresas desse setor, que hoje optam pela alíquota menor, mas teriam de pagar a alíquota mais elevada sem a possibilidade de abater créditos de Pis/Cofins.
ICMS
O Imposto sobre Circulação de Mercadorias e Serviços (ICMS) também gera crédito tributário em diferentes situações, com gastos com matéria-prima, embalagens, ou compra de ativos imobilizados, como máquinas e equipamentos.
Os gastos com energia elétrica também geram crédito de ICMS, mas Valéria explica que somente a energia utilizada na parte industrial poderá ser compensada. Aquela empregada nos escritórios não gera crédito.
A utilização de frete pago a empresas de transporte terceirizadas também podem ser compensada com créditos de ICMS.
Também geram crédito insumos para o transporte, como combustível, lubrificante, aditivos entre outros insumos usados no transporte.
Segundo Carneiro, da De Biasi, embora o ICMS tenha uma legislação mais consolidada que a do Pis/Cofins, muitas empresas deixam de se apropriar dos créditos que esse tributo estadual garante.
Isso acontece, segundo ele, porque muitas empresas ainda não implementaram o Bloco G do Sped Fiscal (Sistema Público de Escrituração Digital).
É nesse bloco que os créditos do ICMS precisam ser lançados. “As empresa acham que ele é trabalhoso e que seus controles não estão suficientemente preparados para atendê-lo”, diz Carneiro.
O Sped precisa de informações corretas, pois erros poderão ser interpretados com fraude pela Receita. Assim, quem não possui um bom sistema de gestão e controle de obrigações não pede os créditos dos quais teria direito por receio de enviar informações erradas ao Fisco.
Fonte: Diário do Comércio
Data: 08 de novembro de 2016
Acesso: 11 de novembro de 2016
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