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[BUSINESS] · Brazil · 4 sources

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Brazil's STF rules Funrural tax unconstitutional for sales before 2018

The Brazilian Supreme Federal Court (STF) has ruled that the Funrural social security contribution, calculated on the commercialization revenue of individual rural employers, was unconstitutional for sales occurring before January 2018.

Restitution of these funds is not automatic. Producers seeking refunds must verify their documentation and historical actions, as the ruling does not automatically restart the five-year statute of limitations for tax recovery. The decision also impacts companies that acted as sub-rogates by withholding and paying the tax on behalf of producers.

While the previous collection method was deemed unconstitutional for that specific period, current Funrural charges remain valid. Eligibility for refunds depends on whether the right to request restitution was preserved under the National Tax Code, often requiring proof of payment through invoices and withholding statements.

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Brazil · Supremo Tribunal Federal

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