Keywords: digital bookkeeping, social security
On December 12, 2014, the Official Gazette published Decree No. 8,373/2014, which institutes the Digital Bookkeeping System for Tax, Social Security, Labor and Social Obligations.
This system aims at the integration of tax, social security and labor information of the company, facilitating cross-checks by the Federal Revenue and, consequently, increasing the efficiency of tax inspections.
In the context of the Social Security, there is collection of contributions established by Law 8,212/91 on the total remuneration, paid or credited to the employee and other independent workers. However, this tax will not apply to indemnifications or expressly exempted items provided for in Article 28, §9 of the law mentioned.
Therefore, the institution of the System, pending regulation, demands greater attention from the companies, who will review and standardize the treatment given to indirect benefits and alternative compensation plans granted to employees for tax and social security purposes, and other labor related items.
Centralizing information in this electronic system, and considering the requirements of digital bookkeeping for legal entities taxed on actual and presumed profit, will facilitate the identification of conflicts by the tax authorities, which may result in notice of tax assessment and fines.
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Founded in 2001, Tauil & Chequer Advogados is a full service law firm with approximately 90 lawyers and offices in Rio de Janeiro, São Paulo and Vitória. T&C represents local and international businesses on their domestic and cross-border activities and offers clients the full range of legal services including: corporate and M&A; debt and equity capital markets; banking and finance; employment and benefits; environmental; intellectual property; litigation and dispute resolution; restructuring, bankruptcy and insolvency; tax; and real estate. The firm has a particularly strong and longstanding presence in the energy, oil and gas and infrastructure industries as well as with pension and investment funds. In December 2009, T&C entered into an agreement to operate in association with Mayer Brown LLP and become “Tauil & Chequer Advogados in association with Mayer Brown LLP.”
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