Controversial Aspects of the Capital Reimbursement by Means of a Transference of Assets at Book Value to the Shareholders (Art. 22 of the Law n. 9.249/1995)

Abstract

Over recent years, many topics related to tax planning have been discussed and, recently, in the administrative courts, it has been noticed a relevant number of cases related to capital reimbursement, by means of transfer of assets at book value to the shareholders, based on the article 22 of the Law n. 9.249/1995. In this context, this articles analysis the extension of the rule prescribed in this article and the main tax aspects connected to these transactions, before and after the introduction of the Law n. 12.973/2014.