Clipping of news on Brazilian Culture, Law and Citizenship
05/02/2014
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Guarantee their right : international purchases up to US$ 100 are free of taxes
SAO PAULO - In addition to facing problems with breakage or misplacement of goods , with rates on complaints are common among consumers who opt for international purchases . The nursing student Milan Marcel Matthew received a consignment of Boston , in the United States , to the city where he lived at the time in Ribeira Preto ( SP ) . To receive the shirts , gift your sister , which amounted to U$ 30 and a maximum of US$ 15 for shipping , it was billed with a value of around R$ 60 , and pay for storage and other pricing systems , which totaled more R$ 30 .
" As soon as I received the package in the mail filled out a form asking for the review itself , before removing the package , because you do not have any access to the package without paying . Response was negative ," he says . On other occasions he bought from sites like Ebay , Bodybuilding.com , amazon.com and so on. , With values between US$ 30 and US$ 100, was also billed with about a 60% tariff on the product value , more freight .
Although many consumers face problems as the student is already well known for exemption of taxes for purchases with values totaling US$ 50, including shipping. However, that has gained prominence in recent days are the discussions that values up to US$ 100 are tax-exempt .
Recently the BJC website, aimed at collectors DVD and Blu - ray content published stating that purchases made on overseas sites and by mail with values below US$ 100 can not be taxed . The publication used as the base decree 1,804 of September 3, 1980 , which deals with the system of simplified taxation of international postal items . In its Article 2 . section II , the ordinance provides for the " exemption of import of goods contained in consignments worth up to one hundred U.S. dollars or the equivalent in other currencies , when intended for individuals tax" .
Have the determination of the IRS is defended by the Ordinance MF 156 , of June 24, 1999 , in a normative statement that the IRS states that " goods incorporating international postage value not exceeding US$ 50 be cleared with exemption from import tax , provided that the sender and recipient are individuals . "
In addition, the Internal Revenue Service of Brazil , issued Normative Instruction SRF 096 / 99 , which in its Article 2 provides that the goods incorporating international postage value not exceeding US$ 50.00 will be exempt from import duty provided that the sender and recipient are individuals . The IRS was contacted to comment on the tax , but did not rule until its closure report .
To Augusto Fauvel de Moraes , a partner at Fauvel and Moraes law firm and chairman of the Customs Law of the OAB - SP , both the ordinance and the statement is valid , provided that does not overlap with an ordinance . " If she were legislating and not come in collision as a higher law , it would be valid . But in these conditions , it goes beyond the bounds of legality ," he says .
The recommendation of the attorney for individual taxpayers who are required to collect postal items up to US$ 100 tax is seeking the court to require the release of shipments without paying taxes , notwithstanding the refund of amounts already collected improperly provided that exceeded the five-year pickup .
At first , the taxpayer must enter an administrative appeal requesting an exemption from tax when picking up merchandise. If the appeal is denied , it must enter an appeal to the Federal Special Court requesting exemption of taxes on the basis of establishing the ordinance . It is worth mentioning that to be entitled to exemption from tax is necessary for sending the goods have been made from individual to individual . In case of buying websites , the name of the seller should be identified so that the tax exemption is requested .
Source : MSN.com
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This article was translated by an automatic translation system, and was therefore not reviewed by people.