According to the understanding maintained in the judgment of a case by the 1st Panel of the Superior Chamber of Tax Appeals of CARF, the deduction of accumulated depreciation from the value of goods sold by companies opting for the presumed profit, that is, in the calculation of capital gains, was ruled out.
In this specific case, the Treasury’s understanding was that depreciation should be accounted for, which would significantly alter the calculation basis for applicable taxes, while the company claimed that depreciation was never deducted from the calculation of taxes, precisely because it opted for presumed profit.
The CARF decision made it clear that in the presumed profit there is no appropriation of any expenses and for this reason, depreciation does not interfere with the calculation basis of the applicable taxes, and it is certain that it does not generate any intervention in the calculation of the capital gain at the time of sale.
