The Court of Justice of the State of São Paulo granted a favorable injunction to suspend the change of the ISS in uniprofessional societies, which also usually combine categories such as doctors or accountants.
The collective writ of mandamus was requested by CESA (Center for Studies of Law Firms) this month with the OAB/SP and the Union of Law Firms of the States of São Paulo and Rio de Janeiro.
The injunction signed by Judge Gilsa Elena Rios of the 15th Court of the Public Treasury of São Paulo covers all companies established in the capital of São Paulo constituted by two or more professionals of the same category.
The law that came into force this year started to provide ranges of monthly gross revenue, and no longer fixed bases, to determine the amount of ISS due. Gustavo Brigagão, president of CESA, says that the change is unconstitutional, as it modifies the taxation system.
Sought by Panel SA, the Attorney General’s Office of the Municipality of São Paulo states that it has not yet been summoned of any judicial decision in the aforementioned case.
“As soon as it is subpoenaed, the case will be analyzed by the responsible sub-prosecutor’s office, which will adopt the relevant judicial and administrative measures”, says the prosecutor in a note.
The Municipal Finance Department says that it will continue to defend the new ISS collection system.
andJoana Cunha with Andressa Motter and Ana Paula Branco
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