CARF judge Mantecorp sale for Hypermercas

The infraction involving the sale of Mantecorp to Hypermarcas will be tried on Wednesday, day 17, by the Administrative Council of tax appeals (Carf). The purchase of the lab, by R $2.5 billion, was held in 2010, in a transaction involving cash and stock, and structured for family succession, through investment funds. However, in 2015, the IRS was understanding that the sale should have been made through a holding company and not by funds. The IRS has adopted the understanding that this type of operation, done through funds, has only aimed to reduce the tax burden. While the sale of shares made directly the income tax to be collected varies between 15% and 22.5% of the capital gain on the sale is made through a participation Fund (FIP) the rate drops to 15%. In addition, the incidence occurs only when the money is picked up from the bottom. Equal values. In the case in question, the tax paid was R $280 million. With the collection of fine craft of 150%, the rate of IR/CSLL of legal person, the infraction is today in R $2.5 billion, same transaction value. Ricardo Weed, founder of the CSA-Weed Santana Lawyers, represents in the process the estate of Gian Enrico Mantegazza, founder of the widow Anna Mantecorp Mategazza and his son Luca Mantegazza. Accepted. Recently, the Carf ruled in favor of a taxpayer who sold it held shares in a company through a FIP, involving the sale of Labs D'or for Grupo Fleury, in 2011.