Relevant aspects to reduce the impact of paying taxes

2023-05-31 01:00:06

Much is currently being discussed about new proposals for the Brazilian fiscal framework. The truth is that the tax system in Brazil is not easy, on the contrary, it is considered one of the most complex in the world. There are numerous federal, state and municipal laws and regulations. in addition to the entire jurisprudential framework, which interferes in the routine of companies.

But how to survive amid all this? Since the emergence of the first tax in the world, taxpayers have tried in some way (not always lawful) to avoid the impacts of these on their finances. However, given the scenario we are currently experiencing, quality tax planning is indispensable for assertive decisions when it comes to paying taxes.

This tax planning is an organized way of analyzing legal alternatives to reduce the tax burden on businesses. In other words, it is looking for legal alternatives to buy, produce, sell and generate returns with the lowest possible tax impact”, highlights Luciano De Biasi, partner at De Biasi Auditoria, Consultoria e Outsourcing.

The more complex the tax legislation of a jurisdiction, the more it becomes necessary to hire professionals specialized in taxes, either internally or externally. “Brazil currently has the equivalent of 75% of GDP in tax disputes. Additionally, the cost of compliance is also expensive; companies disburse heavy resources not only in paying taxes, but also in completing and delivering dozens of ancillary obligations. Therefore, every company, regardless of size, should analyze its operations at least once a year”, emphasizes De Biasi.

According to De Biasi, even companies opting for Simples Nacional should have this practice! Anyone who imagines that this practice should only be adopted by large companies is wrong. Medium-sized companies with more complex operations, which import, export or are capital intensive, should make tax planning a constant practice. “Small and medium-sized companies should at least dedicate attention to this matter annually. Medium companies with more complex operations, and larger companies should have tax planning as a routine part of their business. Also, companies that import or export that have intensive capital, research and development, are growing, expanding their activities or considering an M&A process, must dedicate a lot of attention to tax planning”, he highlights.

“Tax planning can be focused on indirect taxes, direct taxes, social charges, tax benefits, as well as the corporate structure of the organization. Even though it may focus on one of these areas, the planning must take into account the organization as a whole”, concludes De Biasi.

Tax avoidance x Tax evasion

The expert also warns of care when preparing tax planning legally for the company. This is because it is important that planning has an economic foundation, it should be focused on “tax avoidance”, that is, on tax savings. Unlike “tax evasion”, which is the evasion of taxes and duties, a totally illegal practice that can be prevented by the Tax Authorities, tax avoidance is the practice of using the tax legislation itself as an instrument to support and plan reductions in the tax burden. business tax.

Finally, in a country with a government that has a huge collection base and the worst tax system in the world, the recurring exercise of tax planning can be the competitive differential for your business.

Source: It Communication