Understand the most beneficial, safe and economical tax regimes is an invaluable strategy for companies that wish to grow by using the best in Law. Baril’s proposal when analyzing the available tax models and properly interpret law is to provide savings while minimizing risks, all that with routine monitoring for carrying out changes that fit in every moment and objective of the company. In addition to servicing various areas such as retail, franchises and other distribution channels, Baril is also distinguished for its understanding of procedures from the agribusiness sector, with particular features that require deep analysis in order to discover the most beneficial and safe solutions.
The practice of tax law at Baril Advogados comprises issuing opinions and reports, development of tax planning in the context of M&A operations and operational and corporate and operational reorganizations, asset and estate planning, analysis of the tax aspects of financial products and the capital market, carrying out fiscal and legal audits, counseling for inbound and outbound international investments, as well as development of tax compliance procedures for national and foreign investors.
In addition to consulting, on all tax systems, clients are sponsored by the firm in legal and administrative tax processes, as well as monitoring tax audits and inspections.
In the consulting area, the firm works to provide preventive action to clients, in order to avoid tax proceedings and procedures, in order to structure the tax planning of companies, legally seeking out reduction of tax burden and decrease of eventual risks in operations with tax effects.
The firm practice in tax law also includes in its scope the ongoing work with other areas, seeking out solutions and strategic results in applying the complex tax law in its best interpretation.
This practice area aims at performing a full study of the client’s reality under the legal, accounting and economic aspects, and safely pointing out the best strategy to be adopted for decreasing the company’s tax burden. In addition, through the aforementioned study, the firm points out the eventual tax liabilities, including concealed ones, in order to mitigate risks to the client’s business.
This practice area comprises working in procedures that aim at obtaining tax compliance certificates, obtaining and using tax incentives and special tax regimes, in addition to any other required from the Revenue Service or the Judiciary Branch.
In litigation, the firm works in administrative and legal defenses, on all court hierarchies, either arising out of tax charges or procedures. In this sense, the firm practice involves defense related to any taxes (federal, state and municipal).
In addition, aiming at the recovery of tax credits, out firm currently has over 50 legal arguments in tax law, both at the revenue Service and at the Judiciary Branch, including higher courts, aiming at removing and/or recovering paid amounts for undue tax requirements
This area aims at decreasing tax burden, identification of opportunities and risks. It involves tax and accounting analysis of the company, calculation bases of levied taxes and the tax burden over the company’s structures and operations. It also comprises an analysis of interpretation of tax law applied to the practice, verifying compliance with accessory obligations and other tax impacts for corporate and individual persons.
Tax impacts in Brazil from international operations (cross-border transactions), involving import and export of goods and services, financial operations, transfer pricing and main tax aspects to be considered abroad (taxing concepts in the country of destination). Application of Thin Capitalization rules, Brazilian investments abroad and entry of foreign capital in Brazil (tax and regulation rules/Bacen).
Counseling in identifying tax credits not harnessed by the client, in addition to risk assessment in seizing credits and counseling in monetization of accrued credits in company accounting (e.g.: use/transfer alternatives to third parties, counseling in refund/compensation requests from State Treasury Offices, identification of buyers/sellers and others).
TAX CREDITS AND CREDIT
Counseling in identifying tax incentives that are applicable to the companies, envisaging new investments, technological innovation of products and processes (Brazilian Law of Good), state incentives (ICMS) with counseling in creation of projects aimed at negotiating with States, special tax regimes and other related subjects.
Aimed at estate protection of the family core, with tax efficiency and aiming at preventing conflicts in succession.
Consulting in company compliance checks, with laws and normative rules which the respective branch of activity is subjected to, with special attention to the new Brazilian anti-corruption laws, which have brought innovation on duties and obligations for executives and partners, as well as the corporate person itself.
Our office includes solid and extensive experience on tax regimes applicable to the franchise system, with structuring of operations striving for maximum tax efficiency and risk mitigation.