What is Tax Law?
Tax Law is a branch of Public Law that disciplines the relationship between the tax authorities and the taxpayer, which results in the imposition, collection and monitoring of taxes, fees and contributions. Many are the protections guaranteed to taxpayers by the Federal Constitution against the State's power of collection, which are sometimes neglected by the legislator or even by the tax agent that fails to observe the proper application of the laws in specific cases.
Thus, the work of the tax lawyer involves (a) advising the company on the correct application of tax legislation, (b) the search for legal alternatives to save taxes, (c) the defence of the taxpayer against acts of the tax collecting entity that violate their rights, (d) the defence of the taxpayer in collection actions, either to prove that a collection is undue or to reduce the amount charged by the tax authorities, and, (e) the recovery of amounts unduly paid to the public body.
Furthermore, almost all situations in private and business life involve taxable events and the partnership with professionals in the area can be very beneficial when it comes to the possibility of starting a business, changing its management structure or taxation regime, savings and even refund of amounts that the tax authorities may have benefited unduly. That is why our firm values the combination of the most diverse areas, in order to provide greater quality in the work it provides to its clients.
What is the essential situation for your company to have Tax Advice?
The Brazilian tax system is quite vast and tortuous because the legislative houses, in all spheres (Federal, State, District and Municipal), are prolific publishers of legal diplomas that have the power to change the tax parameters of certain products or situations. It is worth saying that, today, the country has almost 100 taxes instituted, regularly in force and effectively charged, divided between taxes, improvement contributions, contributions for intervention in the economic domain and fees of all kinds.
This clearly denotes the State's greed for tax collection, which always seeks to tax products, situations and businesses, whether in production, trade, legal business and even in hereditary succession. That is why a tax lawyer can always help in the evaluation of risks, defend against the collection of undue taxes or even avoid political sanctions eventually imposed in an irregular manner by the State.
How can a tax lawyer help you?
The tax lawyer is a professional who should always be in contact with people from other areas, such as a corporate lawyer and a good accountant, in order to enable businesspeople to optimise their operations in the most correct and economic manner possible, always supported by the legislation in force.
This is of utmost importance to maintain the smoothness in the operation of the company, in order to avoid unnecessary litigation with the Tax Authorities or even the imposition of heavy fines and restrictions that may render the legal business unfeasible or remove the patrimonial protection of the partners, making them personally liable, dilapidating their assets or even being criminally liable for the misuse of the business company.
In addition to consultation and defence as to the incidence of taxes, the tax lawyer, together with the corporate lawyer, can assist you in the planning and viability of a new business or even the restructuring of an existing one. Contact us.
