Economic tax system
Among all the obligations of an investor, paying taxes is certainly one of the most complicated. As the Brazilian tax system has a complex formulation, it is not uncommon to have a very contradictory event: double taxation. This confusion can occur especially when the investor receives dividends and profits from the companies he owns in the portfolio. That's why it's so important to keep up with all the obligations, be careful to know if you're not paying more than you should, to avoid cases of double taxation by the government. What is bitritutação? Double taxation is an event of the tax law where the same taxable event is taxed twice by two different entities. That is, it happens when the tax is collected from the taxpayer doubly, unfairly, by different entities. As each federal entity has separate responsibilities, double taxation occurs only through a conflict in the application of these taxes. So if there is a double charge, that means that one of them is trespassing on the tax jurisdiction of the other. Legal view considers double taxation as an illegal situation. The Brazilian constitution does not expressly prohibit double taxation, but establishes a rigid separation of the tax jurisdiction of each entity - making it illegal to double tax collection on the same taxable event. Examples of double taxation Double taxation can occur, for example, when there is a lack of definition about the location of a property. If there is no clear determination whether the property is in the urban or rural area, the property owner can be taxed twice. That is, if the Union considers that the property is rural, will be charged the Rural Territorial Tax (ITR), which is federal. But if the municipality evaluates that the property is in its urban area, there may be a collection of the Urban Land and Territorial Tax (IPTU) on the same. Another example was taxation on business. Until 2014, there was in Brazil the incidence of ICMS and IPI on the same generating event - thus causing a double taxation situation. However, this incidence was extinguished, ending with the simultaneous collection of these two taxes.
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