(PT) Os bancos agora podem compensar as horas extras de seus funcionários com a gratificação de função.
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Provisional Measure No. 1,034 / 2021, published in the Official Gazette of March 1, 2021, increased the Social Contribution on Net Income (CSLL) rate payable by legal entities in the financial sector, as defined by Supplementary Law No. 105/2001 . The CSLL is intended for the financing of social security (art. 195, I, “c”, CF / 1988), levies on legal or equivalent persons and shares the same rules of calculation and payment associated with the People’s Income Tax Legal (Article 28, Law No. 9,430 / 1996).
The rate that is graduated according to the economic activity of the company was increased by the changes in Law nº 7,689 / 1988, brought in article 1 of MP nº 1,034 / 2021, which start its validity in the “first day of the fourth month following that of its publication ”, that is, July 1, 2021, according to the summary presented in the table below:
Previous Rate |
New Rate |
Sectors |
Legal basis amended by MP No. 1034/2021 |
|
15% |
20% until 12/31/2021 and 15% from 01/01/2022 | Private insurance; capitalization; securities distributors; foreign exchange and securities brokers; credit, financing and investment companies; real estate credit companies; credit card administrators; leasing companies; savings and loan associations |
Art. 3, I, Law No. 7,689 / 1988 |
|
15% |
20% until 12/31/2021 and 15% from 01/01/2022
|
Credit unions |
Art. 3, II, Law No. 7,689 / 1988 |
|
20% (EC No. 103/2019) |
25% until 31/12/2021 and 20% from 01/01/2022 | Banks of any kind |
Art. 3, III, Law No. 7,689 / 1988 |
| 9% | 9% | Other legal entities |
Art. 3, IV, Law No. 7,689 / 1988 |
MP nº 1,034 / 2021 also addressed topics related to the alteration of the rules on the Tax on Industrialized Products (IPI), the closure of the Special Regime for the Chemical Industry and the presumed credit institution for legal entities that manufacture products intended for use in the health sector, listed in the annex of the MP, referring to the Contribution to PIS / Pasep and Cofins.
Finally, it should be added that the increase in the rates is associated with a tax offsetting measure (art. 14, Complementary Law No. 101/2000) as a result of the waiver of tax revenue realized from the reduction of the rates of the Contribution to the PIS / Pasep and Cofins levied on the sale of gasoline, diesel oil, LPG and aviation kerosene (Decree nº 10.638 / 2021).
Wilson Sales Belchior
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Law No. 14,112 / 2020, which came into force in January 2021, brought among the main changes regarding judicial, extrajudicial and bankruptcy reorganization, new installment options...