Post by account_disabled on Mar 11, 2024 23:59:43 GMT -5
In order to recognize a given situation as a credit operation it is important to inquire not only about its legal conceptualization but also about its economic aspect for the simple reason that the type dialogues with economic elements.
Given these considerations the STF concluded that “there is no way to escape the understanding that the mutual of financial resources referred to in article of Law — even if considered a loan of the fungible thing “money” article of the — falls within the type of “credit operations” for which the Constitution authorizes the institution of the IOF article V since it is a legal transaction carried out with the purpose of obtaining with a third party and under a bond of trust the availability of resources that must be returned after a certain period of time subject to the inherent risks”.
Credit operations that attract IOF are not always carried out with financial entities. The loan as a commercial operation although it does not in principle fit into the classic definition of a Phone Number Data financial operation is not excluded from taxation because “the constitutional scope of possible incidence of the IOF on credit operations is not restricted to those carried out by institutions financial institutions” ADI DF-MC.
The theme of General Repercussion nº of the STF could not be clearer:
“The incidence of IOF on credit operations corresponding to mutual financial resources between legal entities or between legal entities and individuals is constitutional and is not restricted to operations carried out by financial institutions.” STF. Plenary. RE . Rel. Min. Cristiano Zanin. judged on General Repercussion – theme .
The theme reinforces and makes it clear that the financial loan in addition to being able to be signed between a legal entity other than a financial institution and an individual will only attract the incidence of IOF considering that there will be no economic availability for the purposes of incidence of IRPF.
Manifestation of wealth
The essence of income taxation is intrinsically linked to the manifestation of wealth. However in the context of mutual loans a controversy arises: the lack of availability whether legal or economic.
In theory the sum of net income should always be greater than the asset increase in the respective period. Otherwise if the increase is greater than the total declared income it is characterized as an “uncovered asset addition” taxable by income tax.
Given these considerations the STF concluded that “there is no way to escape the understanding that the mutual of financial resources referred to in article of Law — even if considered a loan of the fungible thing “money” article of the — falls within the type of “credit operations” for which the Constitution authorizes the institution of the IOF article V since it is a legal transaction carried out with the purpose of obtaining with a third party and under a bond of trust the availability of resources that must be returned after a certain period of time subject to the inherent risks”.
Credit operations that attract IOF are not always carried out with financial entities. The loan as a commercial operation although it does not in principle fit into the classic definition of a Phone Number Data financial operation is not excluded from taxation because “the constitutional scope of possible incidence of the IOF on credit operations is not restricted to those carried out by institutions financial institutions” ADI DF-MC.
The theme of General Repercussion nº of the STF could not be clearer:
“The incidence of IOF on credit operations corresponding to mutual financial resources between legal entities or between legal entities and individuals is constitutional and is not restricted to operations carried out by financial institutions.” STF. Plenary. RE . Rel. Min. Cristiano Zanin. judged on General Repercussion – theme .
The theme reinforces and makes it clear that the financial loan in addition to being able to be signed between a legal entity other than a financial institution and an individual will only attract the incidence of IOF considering that there will be no economic availability for the purposes of incidence of IRPF.
Manifestation of wealth
The essence of income taxation is intrinsically linked to the manifestation of wealth. However in the context of mutual loans a controversy arises: the lack of availability whether legal or economic.
In theory the sum of net income should always be greater than the asset increase in the respective period. Otherwise if the increase is greater than the total declared income it is characterized as an “uncovered asset addition” taxable by income tax.