Post by firoj1919 on Feb 21, 2024 23:04:50 GMT -5
Currently Brazilian taxpayers have suffered drastic consequences arising from the chaotic situation facing our national tax system, as our government, whether at the municipal, state or federal level, has created a structure of vital dependence on the collection of taxes. With each passing day, month and year, the only way to balance public accounts is to increase the tax burden and use coercive means to increase revenue. It is not without reason that the federal government broke the all-time record in the collection of federal taxes and contributions in 2006, reaching the astronomical value of R$397.611 billion. We know well that those who suffer and are penalized by this flawed system imposed by the Government are all Brazilian companies that operate formally, as they have no way to help themselves, having to conform to this situation.
One of the strategies widely used by the Tax Authorities, mainly at the municipal and state level, is the conditioning of the issuance of the invoice booklet to the payment or installments of the taxpayer's outstanding debts. The conduct adopted by public entities is unanimous in the sense that the taxpayer would only be entitled to authorization to issue tax documents if their tax payments Oman Mobile Number List were up to date. Otherwise, it is customary for public bodies to deny the issuance of the invoice booklet, thus coercing the taxpayer to pay or split the imposed debt, even if the debt is undue or disputed. It is crystal clear and indisputable that this procedure adopted by the Tax Authorities is completely illegal and directly violates the Federal Constitution.
The manus militaris imposition of payment of the tax debt for authorization to print tax documents violates one of the general principles of economic activity, included in title VII, chapter I, of the Federal Constitution, namely: the free exercise of economic activity. Thus, based on article 170 of the Federal Constitution, we can categorically state that the Tax Authorities cannot create the aforementioned imposition at its convenience, directly obstructing the taxpayer's activities. Firstly, due to legal impediments, as the Tax Authorities occupy the position of creditor and, at the same time, of the body that authorizes and demands the issuance and printing of invoices, it cannot use self-protection, to do “injustice with its own hands”. If this procedure were accepted, we would be returning to the time of the barbarians, in which each person defends, by their own means, the right they believe they have, with the interests of the strongest inexorably prevailing.
One of the strategies widely used by the Tax Authorities, mainly at the municipal and state level, is the conditioning of the issuance of the invoice booklet to the payment or installments of the taxpayer's outstanding debts. The conduct adopted by public entities is unanimous in the sense that the taxpayer would only be entitled to authorization to issue tax documents if their tax payments Oman Mobile Number List were up to date. Otherwise, it is customary for public bodies to deny the issuance of the invoice booklet, thus coercing the taxpayer to pay or split the imposed debt, even if the debt is undue or disputed. It is crystal clear and indisputable that this procedure adopted by the Tax Authorities is completely illegal and directly violates the Federal Constitution.
The manus militaris imposition of payment of the tax debt for authorization to print tax documents violates one of the general principles of economic activity, included in title VII, chapter I, of the Federal Constitution, namely: the free exercise of economic activity. Thus, based on article 170 of the Federal Constitution, we can categorically state that the Tax Authorities cannot create the aforementioned imposition at its convenience, directly obstructing the taxpayer's activities. Firstly, due to legal impediments, as the Tax Authorities occupy the position of creditor and, at the same time, of the body that authorizes and demands the issuance and printing of invoices, it cannot use self-protection, to do “injustice with its own hands”. If this procedure were accepted, we would be returning to the time of the barbarians, in which each person defends, by their own means, the right they believe they have, with the interests of the strongest inexorably prevailing.