Brazil: Decree No. 45,598 Enacted By Rio De Janeiro State: Provisions Regarding The Unique Fee For Tax Services – "TUT"

On March 11, 2016, the Decree No. 45,598 was published in the Official Gazette of the State of Rio de Janeiro,. The decree delivered a ruling on the payment and collection of TUT.

TUT, instituted through Law No. 7,176/2015, aims to finance the supply of services –effective or potential services - provided by the Rio de Janeiro State Treasury Office and shall be collected on a quarterly basis from taxpayers. The TUT will be due during the quarter that spans April and June and its first payment must be made by March 31, 2016.

TUT´s payment receipt must be provided by the taxpayer at the request of tax services except for services provided electronically, which may be automatically verified by the State Treasury Office ("SEFAZ").

If tax authorities identify a disparity between the amounts reported at GIA and/or SPED Fiscal which subsequently generated an underpayment of TUT, a penalty of 30% will be applied to the difference not collected.

Please find below a demonstrative table with the criteria to be adopted:

We are at your disposal to provide any additional information you may need, especially regarding the unconstitutional and illegal aspects of TUT.

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This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.