A declaration for tax benefits will become a requirement of the municipality of São Paulo for taxpayers. The measure expands what, until now, was a requirement restricted to cases of tax immunity recognized by the Federal Constitution, such as philanthropic institutions, temples and political parties.
The novelty is in Decree No. 58.331, published in July in the Official Gazette of the Municipality. The (electronic) declaration must be submitted by those who have tax immunity, by those entitled to exemption and reduction of taxes. And also in cases where there is recognition by the public administration of the non-incidence of a given tax – ISS and IPTU, for example. The information was published by the newspaper Valor Econômico at the beginning of this month.
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The submission of the declaration must be done through the Tax Benefits Management System (GBF). This is a new control model that will be instituted by the city hall. The manner in which it must be done and the deadlines will still be defined by regulation of the Department of Finance.
Declaration for tax benefits – government may review
It is already known, however, that the municipal government may, from the submission of the declaration, review ex officio the declared benefits. There is a risk of suspension or annulment, according to the decree, in cases where the legal requirements are not met. And also, in the event that the taxpayer does not respond to possible summonses made by the Department of Finance.
The decree also provides the information that the taxpayer will be responsible for communicating to the city hall any change in relation to the declared situation. The deadline for the beneficiary to provide the information will be 90 days. Time counted from the date of the occurrence of the fact that gave rise to the change.
Source: Valor (Joice Bacelo – São Paulo)
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