Companies in the events and tourism sector want to go to court against the government because an instruction from the Federal Revenue reduced the scope of the financial aid promised by President Jair Bolsonaro (PL) and which was approved by Congress.
Large law firms are already reviewing the measure on behalf of companies, which are considering questioning what they consider to be “a misinterpretation of the law”.
According to Reinaldo Ravelli, a partner at the Trench Rossi Watanabe firm, the norm overly restricted the scope of legislation passed by Congress.
“They removed companies from Simples Nacional, for example.” “Much of the sector, affected by the pandemic, was small and medium,” said Ravelli.
In addition, according to the lawyer, the rule restricted the calculation basis for exemption from taxes and tributes to “exploitation profit”.
In other words, companies will have to separate from revenues and results only what is strictly related to the operation itself for the purpose of calculating the tax benefit.
“It’s practically impossible,” Ravelli said. “It’s a strange situation, because the IRS cannot change a law through normative instruction.”
The president of Abrape (Brazilian Association of Event Promoters), Doreni Caramori, disagrees. He told the Sheet having followed the discussion with the government for the creation of the Perse (Emergency Program for the Resumption of the Events Sector).
The program defined compensation for companies that had a 50% reduction in their revenue between 2019 and 2020 due to the pandemic.
In Abrape’s estimates, the program’s global aid will be around R$ 25 billion, a value that could reach R$ 60 billion if the Federal Revenue’s instruction were not restrictive.
“The IRS instruction is fully compliant with the law,” Caramori said. “The objective was to ensure that only companies affected by the pandemic in their operation were covered.”
Julio Wiziack (interim) with Paul Ricardo Martins and Diego Felix
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