Comment on Ordinance No. 9633 of 10/04/2024: Irap and Public Contributions

The recent Ordinance No. 9633 issued by the Court of Cassation on April 10, 2024, provides important clarifications regarding Irap and the public contributions granted for seismic events. In particular, the decision focuses on the determination of the taxable base and the timing of accounting for the contributions, with a particular emphasis on the provisions of Law No. 219 of 1981.

The Context of the Ruling

The dispute arises from the question of whether the public contributions granted pursuant to Articles 21 and 32 of Law No. 219 of 1981, related to the damages caused by the earthquakes of 1980 and 1981, should be accounted for in the year of their deliberation or of actual payment. The Court established that, for the purposes of determining the Irap taxable base, such contributions are immediately acquired by the beneficiary, becoming an integral part of their assets.

POST-1972 REFORM TAXES - IN GENERAL Irap - Determination of taxable base - Contributions granted pursuant to Articles 21 and 32 of Law No. 219 of 1981 for seismic events of 1980 and 1981 - Expiration of benefits due to failure to complete the works - Immediate acquisition to the beneficiary's assets upon deliberation or non-revocability - Principle of accrual - Necessity. In terms of Irap, for the purposes of annual determination of the taxable base, public contributions granted under Article 21 of Law No. 219 of 1981 due to the seismic events of 1980 and 1981 - for which Article 32 of the same law stipulates expiration in case of failure to achieve at least ninety percent of the work within the deadline indicated in the admission applications - are immediately acquired by the beneficiary, thus becoming part of their assets; therefore, in compliance with the principle of accrual, they must be accounted for in the year they were deliberated, and not when they were actually paid, that is, when, after the checks, they are no longer subject to the possibility of revocation.

Implications of the Decision

The decision of the Court of Cassation has several significant implications:

  • Immediate Acquisition: Public contributions become part of the beneficiary's assets as soon as they are deliberated, which implies that companies must be ready to manage these funds promptly.
  • Principle of Accrual: The Court emphasizes the importance of accounting for contributions in the year they are deliberated, thus respecting the accounting principle of accrual, rather than waiting for actual payment.
  • Expiration of Benefits: It is essential that beneficiaries meet the deadlines for completing the works, as the law provides for expiration of benefits in case of failure to achieve ninety percent of the work.

Conclusions

In summary, Ordinance No. 9633 of 2024 represents an important step forward in regulatory clarity regarding the accounting of public contributions in the context of Irap. Businesses and professionals in the field must pay attention to these indications to avoid future tax issues. This ruling not only clarifies the application of Law No. 219 of 1981, but also establishes a significant precedent for similar future cases.

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