Photo: Szabolcs Toth/Pexels
Gas station owners were recently surprised by the receipt of letters from the Federal Revenue Service in Brazil notifying them of the start of a PIS and Cofins compliance procedure, a real fine mesh.
This letter mistakenly attributes to the gas station the commission of fraud by tax consulting companies, also stating that theses are sold without any support in the tax legislation, as can be seen in this excerpt taken from one of the letters received by a businessman who owns a gas station.
As this Federal Revenue action caused insecurity in the sector, as we know that this could cause widespread panic in an entire sector of extreme importance to the national economy, since until April 2022 there were precedents in the superior court of justice guaranteeing taxpayers the right to take credits for the acquisition of single-phase productsas it is a constitutional right of companies to be able to file a petition with public bodies, which are responsible for granting or rejecting the request, since it is exclusively up to the Federal Revenue to analyze the tax credit requested through the Reimbursement Request, and in the case of approval, we will have a perfect legal act consubstantiated in the express homologation.
Therefore, it is imperative that the entrepreneur make a thorough analysis of his specific case.
By: Fabrício da Silva, thetax lawyer
Source: Tax FDS