Planejamento tributário: Critérios e limites para a desconsideração dos atos e negócios jurídicos pela administração fiscal

Tax planning is a subject that has been increasing in relevance in Tax Law. This current dissertation s objective is to approach the criterion and limits for the disqualification of law acts and business through the Tax Administration. Law acts and business resulted from the conduct of contributors that seek to diminish the growing raise of the tax load, using some means to reduce their burden and increase the possibilities of success in an economical activity, without violating the law in the persecution of paying fewer burdens. On the other hand, the tax administration, through its organs, hoping the increase of burden collection to withstand some determined sectors of the State, with a clear purpose to stop the contributor organizing his activity and structuring it as efficiently as possible, came up with a preliminary draft which left Complementary Law 104, from 10.02.2001, enacted, that inserted the unique paragraph of the National Tax Code, article 116, authorizing the disregard, by the administrative fiscal authority, of Law acts and business practiced to dissimulate the occurrence of burden gain or the nature of obligated incorporating elements, observing the procedures to be established in common law . Our goal is to identify the criteria and limits to disregard law acts and business through the tax administration, pointing out some possible means of action by the tax administration that qualifies it to disregard the contributor s acts and business, just claiming that a saving in the tax costs was made by the contributor s act

Avaliação dos processos de seleção utilizados nos programas de fomento a inovação nas micro e pequenas empresas da fundação de amparo à pesquisa do Rio Grande do Norte

Technological innovation promotes the generation of economic value by creating a new product, process or organizational management model, being classified as dynamic and multidimensional. Government intervention has the role of acting through government grant programs to foster the integration of innovative processes in small companies, due to the high costs and risks of development, strengthening the country`s economy in this phase. The distribution of this grant is determined by criteria, based especially in subjective judgments, which are based on the beliefs and perceptions about the technological opportunities and market actors involved in the process, being very difficult to measure the probability of success of the project under evaluation. This study aims to identify the most relevant selection criteria that must be inserted in grants programs at Rio Grande do Norte executed by Fundação de Pesquisa do Rio Grande do Norte (FAPERN). Initially, there was a systematization of 18 countries, covering 41 programs in foreign countries and 29 in Brazil. Based on the data collected, we conducted one survey containing four programs of FAPERN (INOVA I, INOVA II , INOVA III and INOVA IV), covering 44 companies and analyzing their responses according to the Likert scale , obtaining the degree of importance given by the respondent to each of the criteria in the questionnaire . As a result, drew up a proposal for new criteria to be used in the next FAPERN´s grants, containing 13 new criteria. It is expected, therefore, to contribute to a better spending of public funds invested in companies subsidized in Brazil