MIÉ 8 DE MAYO DE 2024 - 20:41hs.
Raul Haidar, tax lawyer

The tax reform in Brazil demands the liberation of casinos

Tax lawyer Raul Haidar wrote an article for the Conjur website stating that the Brazilian tax model calls for the legalization of casinos arguing that they can help bringing the expected tax justice to the country despite all the difficulties for its release. ' President Bolsonaro has noted that this could stimulate the economy. We do not think that the Church can interfere in the matter,' says Haidar.

Check out the article by tax lawyer Raul Haidar published in Conjur - Consultor Jurídico (Legal Consultant):

"In a time of universal lies, telling the truth is a revolutionary act." - George Orwell .
 
"I do not know how to love in half. I cannot live a lie. I do not know how to fly with my feet on the ground. I'm always the same, but I'm sure I will not be the same forever. " - Clarice Lispector .
 
"Make the big lie, simplify it, keep affirming it, and eventually everyone will believe in it." - Adolf Hitler .
 
Returning from the holidays, I found in the above phrases inspiration for this column on the "day of the lie", this curious date that is celebrated all over the world. Perhaps it is not just a joke, considering the other dates made official by laws in this country, as we already registered in the column of June 4, 2018 entitled "The National Day of Respect to the Taxpayer.”
 
The so-called "National Taxpayer Respect Day" has so far been nothing short of a lie because it is not being fulfilled. It was instituted by Law 12,325 of September 15, 2010. Approved by the National Congress, former President Lula sanctioned it and was signed by the then Minister of Finance, Guido Mantega.
 
This law was not questioned by anyone. Plain text and objective, did not create additional expenses or costs to the public budget and, better yet, has only 3 articles:
 
"Art. 1°- The National Taxpayer Respect Day was instituted, a date of civic awareness to be celebrated annually on May 25, with the purpose of mobilizing society and public authorities to raise awareness and reflect on the importance respect to the taxpayer.
 
Art. 2 - The public agencies responsible for the fiscalization and collection of taxes and contributions shall promote, in all cities where they have their headquarters, awareness campaigns and clarification on the rights and duties of taxpayers.
 
Single paragraph. The servants of the bodies mentioned in the caput will actively participate in the activities of celebration of the National Day of Respect to the Taxpayer.
 
Art. 3° (VETOED).
 
Art. 4° - This Law shall enter into force on the date of its publication."
 
This rule, which until today is simply ignored, has everything to do with the subtitle chosen for the Day of the Lie: "The tax reform in Brazil demand the liberation of the casinos". Let's see:
 
REFORM - The one that came into force in 1967 was totally misrepresented in the CF of 1988. In the first one, we had the ICM, which later received the S, when they ended the ISIP (municipal tax on industries and professions). The IPI replaced the consumption tax, formerly paid through stamps which was an advance, avoiding that the same stamp was used several times. The evasion was a child's play: a mixture of sanitary water with vinegar was used and with a cloth the stamp or signatures were erased.
 
TAX CHARGE - In 1967 we paid 20% of GDP. Today, according to the Federal Revenue, we are at about 34%, although the reality is a little worse: we are close to 40%! Just look at the ridiculous retention table. The exemption limit should be in the range of R$ 5 thousand or more (US$1.285).
 
GREAT FORTUNES - One of the proposals submitted to Congress on the IGF would be to tax the patrimony above R$ 5.52 million (US$ 1.4m), at aliquots from 0.55% to 1.8%, according to the table of 0.55 to 1.8%. Thus, those who have assets of R $10 million (US$ 2.5m) would pay R$ 26,562 (US$ 6,800) of IGF per year. This does not seem to be exaggeration or confiscation.
 
RELEASE OF THE CASINOS - Today the regulation of so-called "gambling" is discussed, with the liberation of casinos in areas of tourist interest. It is said that the mayor of Rio, Marcello Crivella, would have asked the President of the Republic to license a "super-casino", in the interest of businessman Sheldon Adelson of Las Vegas.
 
The President has already stated that it was against the release of casinos, admitting that he “would see the best way out, "according to the report of Valor Econômico newspaper. It was recorded that this could stimulate the economy. He points in that direction to MP 846/18 on "sports betting". Religious sectors would be against approval. It does not seem to us that churches can interfere in the matter.
 
MONEY LAUNDERING - In order to prevent this crime, casinos must be obliged to identify the winners by CPF (which will be our sole document), sending the information to the Treasury online.
 
CASINO WHERE? - Tourism will raise many taxes. This should be in "resorts" in proper locations. In this state we have Guarujá, Campinas, Lins and Olímpia, for example. In Bahia, the Costa do Sauípe and even a beautiful place that borders the north of Minas and the west of Goiás, the municipality of Côcos.
 
The liberation of casinos will undoubtedly be a way to help Brazil's growth and get a little more than expected TAX JUSTICE!

Source: GMB / Conjur - Consultor Jurídico