The Supreme Federal Court (STF) ruled that interest on arrears received by workers after judicial recognition of late payment due to employment, position, or function should not be subject to income tax, since such interest does not result in an increase in assets, as it is intended to repair the damage suffered. This understanding is relevant because Topic 962, which challenges the taxation, through IRPJ and CSLL, of the SELIC rate levied on the repayment of undue payments, is pending before the STF.
If the Court maintains its coherent reasoning, the taxpayers’ chances of victory are really good!
