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04/12/2020Brazilian Superior Court and the new stance regarding the constitution of a crime for cases of non-payment of ICMS due in an entity’s own operations
Partner of the Demarest’s Tax area, Douglas Mota holds a master’s degree and specialization in Tax Law from PUC-SP. He has a strong presence in tax consulting and in administrative litigation. Among his main clients are industries, retailers and companies in the energy and services sectors, as well as education and social assistance associations in procedures for recognition of tax immunity and resulting situations. Douglas is a professor of specialization courses at Escola Paulista de Direito (EPD) and the Brazilian Institute of Energy Law Studies (IBDE) as well as MBA courses.
— Headed discussions involving a leading case related to a leading company of the technology segment, arising from the accusation by tax authorities involving tax requirements arising from the disfigurement of the operation’s nature, from lease to sale of products – Amount involved, approximately R$ 25 Million
— Advised two of the largest institutions for Brazilian education in processes of recognition of tax immunity in an amount involving approximately BRL 200 million
— Advised a North American company on operations involving a sale of forests and its tax impacts, which has become increasingly common in Brazil and, due to the inherent difficulties of the taxation system, raises various doubts
— Acting on Tax Committees of retail companies, with active participation in the tax planning of these companies.
— Led a discussion involving a leading case related to the requirement of taxation on service export. One of the most controversial issues currently in Brazil, involving the vast majority of service provider companies.
— Master’s degree in Tax Law from the Pontifical Catholic University of São Paulo (PUC-SP), São Paulo, Brazil (2009)
— Specialization in Tax Law from the Pontifical Catholic University of São Paulo (COGEAE / PUC-SP), São Paulo, Brazil (2004)
— Bachelor of Laws from Osasco University Foundation Institute of Education – FIEO (1998)
— Coordinator of the Tax Committee of the French Chamber
— Co-author of the article “The non-incidence of ICMS on the transfer of amounts of electric energy”, Portal Jota, January 10, 2019.
— Co-author of the article “ISS and the concept of services”, Valor Econômico, December 5, 2017.
— Co-author of the article “Graphic Composition and Reform of the ISS”, Demarest, April 5, 2017.
— Co-author of the book “Tax Planning”, Quartier Latin Publishing House.
— Co-author of the book “ISS – Complementary Law No. 116/03”, launched by the Paulista Association of Tax Studies – APET, Juruá, 2005.
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