Decision applies to financial institutions and tax guardians who did not charge between the end of June until July 16, when Minister Alexandre de Moraes partially validated Lula’s decree
A informed on Thursday (17) that will not make the retroactive collection of the of the period when the incidence was suspended by a decision of Minister Alexandre de Moraes, . On Wednesday (16), Moraes partially validated the decree of President Luiz Inacio Lula da Silva who increased the IOF rates after the congress overturned the increase. The revenue decision applies to financial institutions and tax guardians who did not charge between the end of June until July 16, the date of the decision of the minister.
In a statement, the revenue explained that the retroactive non -collection is based on a normative opinion of the September 2002 agency. According to the opinion, retroactivity does not fit when the rules that justify the collection of some tax are not effective. Regarding taxpayers who even paid IOF on their own during the period when the Decree was suspended by the National Congress, the revenue said that it will still evaluate the situation and will manifest itself in due course. In some cases, individuals who have performed exchange operations may have paid IOF.
According to the tax authorities, the information will be disclosed in order to avoid surprise and legal insecurity in the application of the law. The agency only informed that, from Thursday (17), financial institutions and other tax officials must collect the IOF mandatory.
Collection
The recipe has not provided further details or informed how much should raise the restoration of almost all IOF rates. According to the tax authorities, the figures will be released in the monthly reports of federal collection. On Wednesday night (16), the Ministry of Finance had reported that the exemption of risk operations, the only point of the decree overturned by Moraes, will cause loss of R $ 450 million in 2025 and R $ 3.5 billion in 2026.
With the new amounts, the estimate of revenue will fall to R $ 11.55 billion this year and R $ 27.7 billion next year, compared to R $ 12 billion in 2025 and R $ 31.2 billion in 2026. The risks drawn are a type of anticipation or financing of payment to suppliers. This modality mainly benefits small businesses and is not considered credit operation, therefore not subject to taxation by IOF.ete
Understand the decision
By maintaining most of the valid IOF decree, Moraes said that the stretch providing for the incidence of open social security tax and financial entities is in accordance with the Constitution. “There was no deviation of purpose and, consequently, there is no need to maintain the precautionary, because absent the irreparable risk arising from any irregular tax exaction in large amounts,” he said. However, the minister understood that the part that deals with the incidence of IOF on risk operations drawn out the limits of the President of the Republic and should be suspended.
“The normative equivalents carried out by the presidential decree of risk operations with credit operations have injured the principle of legal certainty, because the public power itself always considered these to be different things,” argued Alexandre de Moraes. According to the decision of Moraes, the change in classification can only be made by approval of a bill or provisional measure by Congress.
Conciliation
The final decision of the minister was issued after the Federal Government and Congress did not reach an agreement during a conciliation hearing promoted by the Supreme Court. Earlier this month, Moraes decided to bring the case to conciliation and suspended both Lula’s decree and the deliberation of the congress that overturned the act of the president.
*With information from Agência Brasil
