Post by xyz3400 on Feb 20, 2024 3:43:19 GMT
The replacement of an old tomography device with a new one at the Sociedade Portuguesa de Beneficência in Santos (SP) led to a lawsuit against the hospital filed by neurologist Faustino Pacheco Filho. The doctor wants the hospital to continue using the old device that, according to the records, he purchased in partnership with another doctor. The discussion reached the Special Body of the Court of Justice of São Paulo and, for now, it is in favor of the doctor: by two votes to one, the old device remains. On Wednesday (9/8), judge Laerte Nordi gave his vote in favor of the use of the new equipment by the hospital. “It is not the litigants who will decide which device will be kept in the hospital. And between the benefit to the author of the action and to society, I take the second.” Therefore, the request for the old equipment to be used was declared unfounded. But the trial was postponed with a new request for review. The hospital claimed that the new device is more modern and produces clearer images, which is why it brings benefits to society.
For him, the CTN adheres to a closed typicality and strict legality that distances it from what is happening in the world today. Human rights, a prohibited topic at the time of its birth, permeate the Constitution and are part of the most modern tax legislation in the world, but do not deserve a single reference in the code. Several countries already have their Taxpayer Defense Code. In some drawer of the National Honduras Mobile Number List Congress, a Taxpayer Code project lies forgotten, which is also not moving forward. Lobo Torres also indicates the need for legislation to open up to new concepts such as tax governance, which address issues such as transactions and tax compensation, which reassess the issue of assessment. “It is essential to approach tax and taxpayer relations in a more cooperative way.” Transfer pricing, legitimate trust, objective and subjective good faith are new concepts for which the CTN has no answers. Another important issue is tax sanctions, planning and tax avoidance.
The municipality of São Paulo created an additional obligation, which obliges companies from other municipalities that provide services in their domains to register in a municipal register. The measure, considered unconstitutional by many, is being challenged in the courts. Belo Horizonte also created an additional obligation: companies based in the city must inform who they are hiring services from. For foreigns But the ISS confusion doesn't end there. Can the municipality tax services provided abroad by a company based in its territory? Or can services imported from a company abroad be taxed? “The doctrine preaches the unconstitutionality of taxation. But municipalities claim that taxation interferes with the competitiveness of national companies compared to foreign ones”, says minister João Otávio de Noronha, of the Superior Court of Justice. The minister believes that with the growth of the services sector, the ISS tends to escape the municipal sphere.
For him, the CTN adheres to a closed typicality and strict legality that distances it from what is happening in the world today. Human rights, a prohibited topic at the time of its birth, permeate the Constitution and are part of the most modern tax legislation in the world, but do not deserve a single reference in the code. Several countries already have their Taxpayer Defense Code. In some drawer of the National Honduras Mobile Number List Congress, a Taxpayer Code project lies forgotten, which is also not moving forward. Lobo Torres also indicates the need for legislation to open up to new concepts such as tax governance, which address issues such as transactions and tax compensation, which reassess the issue of assessment. “It is essential to approach tax and taxpayer relations in a more cooperative way.” Transfer pricing, legitimate trust, objective and subjective good faith are new concepts for which the CTN has no answers. Another important issue is tax sanctions, planning and tax avoidance.
The municipality of São Paulo created an additional obligation, which obliges companies from other municipalities that provide services in their domains to register in a municipal register. The measure, considered unconstitutional by many, is being challenged in the courts. Belo Horizonte also created an additional obligation: companies based in the city must inform who they are hiring services from. For foreigns But the ISS confusion doesn't end there. Can the municipality tax services provided abroad by a company based in its territory? Or can services imported from a company abroad be taxed? “The doctrine preaches the unconstitutionality of taxation. But municipalities claim that taxation interferes with the competitiveness of national companies compared to foreign ones”, says minister João Otávio de Noronha, of the Superior Court of Justice. The minister believes that with the growth of the services sector, the ISS tends to escape the municipal sphere.