Post by account_disabled on Mar 4, 2024 22:14:10 GMT -8
CTN which establishes that the exemption granted for a certain period and depending on certain conditions cannot be revoked or modified by law.
Arguing that the reduction to zero does not constitute an exemption but rather a zero rate is to ignore the practical effect of the measure. As stated Perse was instituted as a tax benefit with a fixed term with the explicit justification of stimulating the recovery of a sector severely affected by the pandemic. Furthermore the law established a series of requirements and conditions for its applicability such as for example the need to register with Cadastur for some companies.
The early revocation of these benefits therefore not only violates the CTN but also compromises the trust that companies have placed in the program. This action threatens to destabilize the fragile recovery process that many of these companies are in and could have lasting effects on the events sector as a whole negatively impacting the economy and employment.
The MP even if not converted into law has the potential to cause considerable B2B Email List damage. Some companies fearing that they will not fully enjoy the benefits of Perse in may conservatively opt for Simples Nacional as their tax regime. If the MP is subsequently rejected these companies will suffer losses losing their right to the program for the year due to their option for Simples Nacional given the impossibility of combining the simplified regime with Perse.
It is imperative that there is more debate and consideration on this issue. Perse is not just a question of tax benefits. It is a fundamental measure for the survival and recovery of a sector that is vital for the economy and culture. It is hoped that the outcome of all this will take into account the importance of the program for the events sector.
Furthermore the provision in article -E regarding possible subjects legitimized to grant DIP Financing stands out. According to the provision anyone can be a financier of the debtor undergoing judicial recovery including creditors subject to judicial recovery or not family members shareholders or members of the debtor's economic group. Thus the doctrine asserts that the legislation guaranteed ways to increase the number of investors favoring the recovery of the debtor.
Concluding notes
Based on the above the analysis of changes in legislation in parallel with concrete examples indicates that the reform promoted by Law No. in Law No. provided an increase in legal security and economic incentives to potential grantors of DIP Financing . However it cannot be ignored that although less frequently financing was successfully approved even before the reform during judicial recovery.
Arguing that the reduction to zero does not constitute an exemption but rather a zero rate is to ignore the practical effect of the measure. As stated Perse was instituted as a tax benefit with a fixed term with the explicit justification of stimulating the recovery of a sector severely affected by the pandemic. Furthermore the law established a series of requirements and conditions for its applicability such as for example the need to register with Cadastur for some companies.
The early revocation of these benefits therefore not only violates the CTN but also compromises the trust that companies have placed in the program. This action threatens to destabilize the fragile recovery process that many of these companies are in and could have lasting effects on the events sector as a whole negatively impacting the economy and employment.
The MP even if not converted into law has the potential to cause considerable B2B Email List damage. Some companies fearing that they will not fully enjoy the benefits of Perse in may conservatively opt for Simples Nacional as their tax regime. If the MP is subsequently rejected these companies will suffer losses losing their right to the program for the year due to their option for Simples Nacional given the impossibility of combining the simplified regime with Perse.
It is imperative that there is more debate and consideration on this issue. Perse is not just a question of tax benefits. It is a fundamental measure for the survival and recovery of a sector that is vital for the economy and culture. It is hoped that the outcome of all this will take into account the importance of the program for the events sector.
Furthermore the provision in article -E regarding possible subjects legitimized to grant DIP Financing stands out. According to the provision anyone can be a financier of the debtor undergoing judicial recovery including creditors subject to judicial recovery or not family members shareholders or members of the debtor's economic group. Thus the doctrine asserts that the legislation guaranteed ways to increase the number of investors favoring the recovery of the debtor.
Concluding notes
Based on the above the analysis of changes in legislation in parallel with concrete examples indicates that the reform promoted by Law No. in Law No. provided an increase in legal security and economic incentives to potential grantors of DIP Financing . However it cannot be ignored that although less frequently financing was successfully approved even before the reform during judicial recovery.