Post by account_disabled on Mar 6, 2024 1:34:35 GMT -8
The government of Paraná filed in the Federal Supreme Court a Direct Action of Unconstitutionality against State Law which regulated the direct agreement of court orders and established farm policies in the state. The argument for ADI is that the law grants installments with the maintenance of the benefits contained in State Law without however an agreement that authorizes the extension of such benefits. The action's rapporteur is Minister Cezar Peluso.
Among the measures of the law is the granting of installments in up to installments for tax credits whose triggering event occurred up to September Alternatively for tax credits whose triggering events occurred up to November the law stipulated the possibility of installments in up to installments with allocation of up to of the consolidated outstanding balance for the last installment.
For governor Beto Richa PSDB by establishing this rule the BTC Number Data law created a new method of suspending tax credit liability which would be the mere presentation of the request for conciliation. And by creating this new type of suspension of tax credits that is not installments the Constitution would be disrespected. This is because the suspension of the tax credit requirement was addressed by the Union in the National Tax Code. According to the ADI the state legislator advanced within the competence of the National Congress disregarding the rule of the Federal Constitution article item I paragraph .
In paragraph the law determined that requests granted in this regard but without resources actually deposited will await their availability for due amortization with tax debts having their enforceability suspended from the date of the request.
The governor is asking for an injunction to suspend the effectiveness of the law considering that it was enacted in February and will come into force on May th. On the merits he requests that the ADI be declared unconstitutional. “It is therefore urgent to suspend the effectiveness of the device already mentioned in order to avoid harm to the collection of tax credits in progress in the state of Paraná” he maintained. With information from the STF Press Office.
Among the measures of the law is the granting of installments in up to installments for tax credits whose triggering event occurred up to September Alternatively for tax credits whose triggering events occurred up to November the law stipulated the possibility of installments in up to installments with allocation of up to of the consolidated outstanding balance for the last installment.
For governor Beto Richa PSDB by establishing this rule the BTC Number Data law created a new method of suspending tax credit liability which would be the mere presentation of the request for conciliation. And by creating this new type of suspension of tax credits that is not installments the Constitution would be disrespected. This is because the suspension of the tax credit requirement was addressed by the Union in the National Tax Code. According to the ADI the state legislator advanced within the competence of the National Congress disregarding the rule of the Federal Constitution article item I paragraph .
In paragraph the law determined that requests granted in this regard but without resources actually deposited will await their availability for due amortization with tax debts having their enforceability suspended from the date of the request.
The governor is asking for an injunction to suspend the effectiveness of the law considering that it was enacted in February and will come into force on May th. On the merits he requests that the ADI be declared unconstitutional. “It is therefore urgent to suspend the effectiveness of the device already mentioned in order to avoid harm to the collection of tax credits in progress in the state of Paraná” he maintained. With information from the STF Press Office.