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:


Months within the purview of GIA/EFD and issuance of tax invoices

January to March

November oftwo years prior until October of the year prior to the quarter-base

April to June

February of the last year until January of the year of the quarter-base

July to September

May of the last year until April of the year of the quarter-base

October to December

August of the last year until July of the year of the quarter-base.

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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Founded in 2001, Tauil & Chequer Advogados is a full service law firm with approximately 90 lawyers and offices in Rio de Janeiro, São Paulo and Vitória. T&C represents local and international businesses on their domestic and cross-border activities and offers clients the full range of legal services including: corporate and M&A; debt and equity capital markets; banking and finance; employment and benefits; environmental; intellectual property; litigation and dispute resolution; restructuring, bankruptcy and insolvency; tax; and real estate. The firm has a particularly strong and longstanding presence in the energy, oil and gas and infrastructure industries as well as with pension and investment funds. In December 2009, T&C entered into an agreement to operate in association with Mayer Brown LLP and become "Tauil & Chequer Advogados in association with Mayer Brown LLP."

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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.