There is at least an illegality in the increase of the income tax on capital gain

The most notorious illegality refers to the time of its validity. Although the norm introduced imposes its application as of January 1 of this year, this is not possible, since Law 13,259 / 16 (which converted to MP 692/15) was only promulgated this year. To be valid by 2016, it should have been enacted in 2015.

Art. 104 of the CTN is clear, stating that they will come into force on the first day of the fiscal year following that in which the publication of the provisions of law, relating to taxes on equity or income, in cases of institution or increase.

Certainly, the tax authorities will tend to disregard this provision and apply the rule to the detriment of taxpayers. Of course, numerous legal actions will be taken with a view to ruling out illegality. Until they are decided in one direction or another, legal uncertainty may inhibit a large number of businesses.

In the midst of the economic downturn and strong crisis that we are experiencing today, companies and entrepreneurs see alternatives often focused on corporate operations, such as splits, mergers and acquisitions, as well as others based on the sale of equity, whose viability and interest is closely linked to the tax burden .

Now, in difficult times, all that is not expected is the increase of legal and bureaucratic obstacles that can make it even more difficult to overcome the problems.

In view of this, the effectiveness of tax planning for choosing the appropriate legal structures to be applied is highlighted.