Post by xyz3400 on Feb 20, 2024 7:01:59 GMT
The tax authorities cannot deny the Positive Debt Certificate with Negative Effect (CPD-EM) if the taxpayer offers as collateral a property worth much higher than the tax debt. After all, when judging REsp 1.123.669/RS, the Superior Court of Justice has already decided that the deposit offered by the taxpayer, before filing the tax execution, is comparable to the advance seizure and makes the Certificate viable, as long as it is provided in a sufficient amount to the guarantee of judgment. Anchored on this precedent, the 22nd Civil Chamber of the Court of Justice of Rio Grande do Sul confirmed the sentence that made definitive a precautionary measure issued in favor of Petrobras. With the decision, the State Treasury of Rio Grande do Sul will have to grant CPD-EM to the state-owned oil company, which accumulates ICMS debts worth R$47.6 million.
The property offered as a precautionary measure for seizure is the Almirante Soares Dutra Maritime Terminal (Tedut), located in the municipality of Osório, valued at R$1.6 billion. The appeal's rapporteur, judge Miguel Ângelo da Silva, recognized that the property offered as collateral far exceeds the amount of the debt, proving suitable for guaranteeing future execution. Furthermore, he recalled, the debtor is a mixed Honduras Mobile Number List capital company with "notorious solvency", which reported a profit of R$18.9 billion in the second quarter of 2019. "As a result, since the applicant's solvency is clear to meet the amount calculated by the State in Assessment Notice 0033380465, I do not see any harm to the Tax Authorities in offering the guarantee in question, and there is no need to speak, in casu , of the need to observe the order of preference of the seizure provided for in article 11 of the LEF", concluded in the ruling.
Precautionary action According to the records, the tax authorities refused the property as a guarantee for payment of the tax debt because the order of preference established in article 11 of the Tax Execution Law (Law 6,830/80) had not been respected. Furthermore, it would be devoid of liquidity, as it is an indivisible oceanic terminal, consisting of two systems of monobuoys installed in the open sea, close to the coast of Tramandaí. This is a “floating terminal” used to moor tankers for the loading/unloading operation of oil and oil products. In short, it would be difficult to be sold at auction, unless the bidder was dedicated to the same activity. Judge Marialice Camargo Bianchi, from the Public Finance Court of the District of Porto Alegre, explained that if the State has not filed a tax foreclosure, the debtor can file a precautionary action to provide guarantees, in order to obtain the CPD-EM.
The property offered as a precautionary measure for seizure is the Almirante Soares Dutra Maritime Terminal (Tedut), located in the municipality of Osório, valued at R$1.6 billion. The appeal's rapporteur, judge Miguel Ângelo da Silva, recognized that the property offered as collateral far exceeds the amount of the debt, proving suitable for guaranteeing future execution. Furthermore, he recalled, the debtor is a mixed Honduras Mobile Number List capital company with "notorious solvency", which reported a profit of R$18.9 billion in the second quarter of 2019. "As a result, since the applicant's solvency is clear to meet the amount calculated by the State in Assessment Notice 0033380465, I do not see any harm to the Tax Authorities in offering the guarantee in question, and there is no need to speak, in casu , of the need to observe the order of preference of the seizure provided for in article 11 of the LEF", concluded in the ruling.
Precautionary action According to the records, the tax authorities refused the property as a guarantee for payment of the tax debt because the order of preference established in article 11 of the Tax Execution Law (Law 6,830/80) had not been respected. Furthermore, it would be devoid of liquidity, as it is an indivisible oceanic terminal, consisting of two systems of monobuoys installed in the open sea, close to the coast of Tramandaí. This is a “floating terminal” used to moor tankers for the loading/unloading operation of oil and oil products. In short, it would be difficult to be sold at auction, unless the bidder was dedicated to the same activity. Judge Marialice Camargo Bianchi, from the Public Finance Court of the District of Porto Alegre, explained that if the State has not filed a tax foreclosure, the debtor can file a precautionary action to provide guarantees, in order to obtain the CPD-EM.