A aplicação do regime de competência à dedução de despesas por pessoas jurídicas: o caso dos juros sobre o capital próprio

Abstract

In this study, we carried out an analysis of the correct moment for the deduction of an expense by a legal entity, under the accrual method. Based on the results of this general analysis, we examined the application of the accrual method to the interest on net equity (“INE”), a form of remuneration for the capital invested in Brazilian companies that is deductible for purposes of calculating Corporate Income Taxes determined by the real profit regime. The INE is obtained by means of the application of the Long-Term Interest Rate over the net equity of a Brazilian legal entity. There is a controversy between tax authorities and taxpayers about the correct period for the deduction of the INE and the possibility of the INE calculated over the net equity of past periods be deducted for tax purposes. We exposed the main lines of interpretation that could be adopted to solve such a controversy and how they were applied to specific cases by the Brazilian Courts. Finally, we concluded that the most appropriate line of interpretation is the one under which the INE is deductible in the period that its payment is decided via a corporate resolution, regardless of the period of the net equity upon which the Long-Term Interest Rate was applied. Still, the deduction limits to which the INE is subject are those assessed in the period in which the INE should be deducted