Post by account_disabled on Mar 12, 2024 1:23:54 GMT -5
According to article of the criterion of incidence hypothesis is the acquisition of economic or legal availability of income or earnings of any nature.
It is important to clarify that “economic availability should not be confused with financial availability. While the latter financial availability refers to the immediate 'utility' of income the second economic availability is linked to the simple increase in assets regardless of the existence of financial resources”. STJ – REsp .-RS Second Panel DJe .
The doctrine understands however that economic Phone Number Data availability is the effective receipt of income that is the value that is added to the assets of which the taxpayer is the owner. On the other hand legal availability arises from the credit of values that the taxpayer can dispose of as a holder through a legal title although such values are not effectively incorporated into their assets.
However it should be noted that the accounting record of the future debt in the records of the debtor legal entity does not equate to economic availability as the money is not yet at that moment in the direct possession of the creditor legal entity.
“Nor can it be understood as legal availability considering that with the accounting entry prior to the maturity of the debt no right or title arises for the creditor business company as it is not even possible for it to demand payment of the amount in the form of the article of the Civil Code of ” STJ – REsp nº SP -.
In relation to loans between individuals only the income earned by the lender resident or domiciled in Brazil is subject to taxation in the form of the carnet-leão and the annual adjustment declaration. This is because the value subject to the operation cannot be considered incorporated into the borrower's assets as there is an obligation to return it.
In fact regarding the tax calculation base article of Decree No. provides that “it will be constituted by the value of the income obtained in the operations referred to in those sections including for loan operations between legal entities not mentioned in the section I of the caput of art. ”.
Further on article provides that loan and purchase transactions linked to resale in the secondary market which have as their object gold a financial asset continue to be equated to fixed income transactions for the purposes of levying income tax on income in the source.
It is important to clarify that “economic availability should not be confused with financial availability. While the latter financial availability refers to the immediate 'utility' of income the second economic availability is linked to the simple increase in assets regardless of the existence of financial resources”. STJ – REsp .-RS Second Panel DJe .
The doctrine understands however that economic Phone Number Data availability is the effective receipt of income that is the value that is added to the assets of which the taxpayer is the owner. On the other hand legal availability arises from the credit of values that the taxpayer can dispose of as a holder through a legal title although such values are not effectively incorporated into their assets.
However it should be noted that the accounting record of the future debt in the records of the debtor legal entity does not equate to economic availability as the money is not yet at that moment in the direct possession of the creditor legal entity.
“Nor can it be understood as legal availability considering that with the accounting entry prior to the maturity of the debt no right or title arises for the creditor business company as it is not even possible for it to demand payment of the amount in the form of the article of the Civil Code of ” STJ – REsp nº SP -.
In relation to loans between individuals only the income earned by the lender resident or domiciled in Brazil is subject to taxation in the form of the carnet-leão and the annual adjustment declaration. This is because the value subject to the operation cannot be considered incorporated into the borrower's assets as there is an obligation to return it.
In fact regarding the tax calculation base article of Decree No. provides that “it will be constituted by the value of the income obtained in the operations referred to in those sections including for loan operations between legal entities not mentioned in the section I of the caput of art. ”.
Further on article provides that loan and purchase transactions linked to resale in the secondary market which have as their object gold a financial asset continue to be equated to fixed income transactions for the purposes of levying income tax on income in the source.