A Brazilian Company obtains an injunction in court to suspend payment of taxes for 3 months

A Brazilian company has recently obtained an injunction (proc. 1016660-71.2020.4.01.3400 – 21st Federal Court – DF) that allows the company to postpone, for 3 months, the payment of federal taxes due to the crisis generated by COVID-19. The court recognized that the payment of federal taxes [Corporate income tax (IRPJ and CSLL), Federal contribution on gross revenue (PIS and COFINS)] could jeopardize the maintenance of more than 5,000 jobs.
The judge recognized that the payment of taxes should be postponed “until that minimum normal standards are restored and / or until specific rules are published for the preservation of the national productive force in the face of the coronavirus pandemic”. The judge also recognized that the company must prioritize “the use of its reduced financial capacity (resulting from an act of the Administration itself – FATO DO PRÍNCIPE) to maintain jobs (payment of salaries, etc.) and assume the minimum cost of its activities to the detriment of the immediate payment of taxes without being subject to penalties that would normally apply to taxpayers not paying taxes on time in a regular situation”.

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