First Section of the STJ judged the issue this Wednesday afternoon (26).| Photo: Rafael Luz/STJ.

The First Section of the Superior Court of Justice (STJ) authorized this Wednesday (26) the Union to collect two federal taxes on tax benefits granted by the states through the Tax on Circulation of Goods and Services (ICMS). The Minister of Finance, Fernando Haddad, is accompanying the analysis of the case, as the result could increase the taxation of large companies and generate a positive impact of R$ 90 billion in revenue.

The STJ analyzed the case despite Minister André Mendonça, of the Federal Supreme Court (STF), suspending the trial. In the decision, Mendonça stressed that “in the event that the judgment of the special appeals in question has begun or even concluded, from now on, the effectiveness of this procedural act is suspended”.

The 1st Section of the STJ began this afternoon to analyze whether companies can continue to exclude from the calculation basis of the Corporate Income Tax (IRPJ) and the Social Contribution on Net Profit (CSLL) some tax benefits granted by states through ICMS .
Mendonça’s injunction must be analyzed by the other ministers of the STF in the virtual plenary from May 5 to 12, reported the g1 portal. If the court is not favorable to the injunction, the decision of the STJ will take effect.

Earlier, Haddad was questioned about Mendonça’s decision and said he does not comment on magistrates’ decisions. However, he criticized businessmen who took advantage of an interpretation of legislation that granted tax incentives to states to stop paying taxes.

“If people are evading taxes, because there’s no other expression, they have to pay something they’ve always paid their whole lives, the Social Contribution, the Income Tax. Then they came up with this interpretation on top of a parliamentary amendment and opened this hole in the federal budget. Who is this hole in the Budget hurting? It is harming those who depend on public services, health, education,” he said.