The 1st Panel of the Superior Chamber of the Administrative Council of Tax Appeals removed the annual limit of 30% for the offsetting of tax losses and negative calculation basis for Social Contribution on Net Income (CSLL).
The case concerns a company that was dissolved by incorporation and, according to counselor Lívia Germano, who dissented from the judgment and was supported by the majority of judges, the judgment of the Federal Supreme Court (STF) in 2019, through which the constitutionality of the 30% lock limitation was declared, has exceptions.
According to the counselor, the 30% limitation should only be applied when the possibility of compensation continues to be available to the taxpayer in the coming years, in which case the company that is dissolved does not qualify.
This is an important precedent in favor of taxpayers, since the use of the entire tax loss and the negative CSLL basis is a tax strategy widely used by companies in corporate reorganizations, and may even serve as guidance for future cases, even if the modifications present in PL 2337/2021 to art. 15 of Law 9.065 are approved.
