Along these lines, the legal provisions that could serve

Dołączył: 10 Mar 2024 Posty: 1

Basis for the eventual non-deductibility of expenses with gifts in specific cases were: (1) article 47 of Law No. 4,506/64, which is the legal provision that establishes the general rule of deductibility, according to which are operational expenses not included in the costs, necessary for the company's activity and the maintenance of the producing source; and (2) article 54 of Law No. 4,506/64 [1] , which determines the deductibility of advertising expenses in the income tax calculation base, when they are directly related to the activity carried out by the company, and such provision is still in force today.

Thus the legal provisions were generic and allowed the deductibility of expenses with gifts as long as they were necessary for the maintenance of the producing source and were directly related to the activities operated by the company. In the infralegal scope, CST Normative Opinion established that gifts are intended to promote the organization (or company), with "expenses EL Salvador Mobile Number List actually incurred in the acquisition and free distribution of objects or rights of small value being deductible, as gifts, to customers or not, and which present a moderate index in relation to the company's gross revenue" . SpaccaThe ideas contained in the aforementioned normative opinion were endorsed in Decree nº 1,041/94, which established the Income Tax Regulation of 1994 (RIR/94), which contained in its article 311 [3] the literal transcription of the aforementioned article.

As well as in its §3 the express deductibility of gifts of small value, in the following terms: "expenses actually incurred with the acquisition and distribution of gifts are admissible as advertising expenses, as long as they correspond to objects of small or no commercial value" . Thus, according to article 311 of RIR/94, there was an express provision for the deductibility of expenses with gifts as advertising expenses as long as the gifts were objects of little or no commercial value. This was the scenario of tax legislation before the publication of article 13, VII, of Law nº 9,249/95 [4] , which expressly introduced the non-deductibility of expenses with gifts, regardless of the provisions of article 47 of Law.

Wysłany: Nie Mar 10, 2024 04:53