Planejamento tributário e a remuneração do capital próprio : pesquisa sobre a percepção de consultores tributários atuantes na cidade de São Paulo

Abstract

By December, 27th, 1995 it was edited Law 9.249 which, among several innovations, brought rules to approach the tax treatment given to third parties capital remuneration to owner's capital remuneration, with the permission to deduct interest paid to share or quotaholders that kept their resources in the net worth of their companies, in the determination of the taxable profit. For that, there were established several criteria, which interpretation can cause innumerous effects, sometimes raising and sometimes diminishing the tax burden to be accrued by the payment font and for its beneficiary. The present study had as objective to measure the perception of São Paulo's active tax consultants on how companies and its share or quotaholders behave in front of it. It had aimed to evidence, under the point of view of those professionals, how, when and why the interest over own capital are paid and to identify which are the causes for its non-use. This perception was measured with a survey and statistically evaluated. The study showed examples of how the interest over own capital can be used as a tool of tax planning, showing several situations in which is possible to maximize its effects, with the adoption of accounting or corporate mechanisms, or with the adoption of different interpretation of the commented law, in relation of Federal Revenue Bureau (competent organ to inspect the tax effects of its registry by the payment font or its beneficiary). The bibliography revision pretended to board the necessary concepts to the perfect understanding of the institute, as the concepts of opportunity cost, owner capital cost, third capital cost and tax planning, the juridical and accounting nature of the interest over owner's capital recognized by law 9.249, how several regulatory organs (SRF, CVM, SUSEP e BACEN) interpret it, among others aspects.