ANALYSIS OF GENERIC PLANTS OF VALUE AS A DELIMITER OF THE IPTU TAX BASIS: Administrative praticability vs. Tax Legality
GenericValuePlants; IPTU; Municipal fiscal authonomy; Presumptivetaxation; Praticability; Taxbasis; Taxlegality
Taxlegalityhasalwaysbeen a matterof intense debate in the nationaltaxdoctrine, establishingitself as a guarantee for taxpayersand a true fundamental basisof the BrazilianNationalTax System, accordingto the Federal Constitutionof 1988. Accordingto the taxstudiesscope, the importanceofsuchguaranteeisbig enoughthat some peopledefends a closedorshuttypicality. In thissense, in additiontoinvestigating the contentoftaxlegalityand its scopewithin the system in a broadway, the presentworkaimstoanalyze how the aforementionedconstitutionallimitis in linewithurban real estatetaxation, through the IPTU, more specificallywith the delimitationof the calculationbasisof the referredtax, either in an abstract way, or in a concrete way. In orderto do so, a bibliographic review iscarried out ontaxphenomenology as anessentialfactor for understanding the subject, investigating how the IPTU taxincidencematrix-ruleisstructured, separating the phenomenologyof the taxfrom its institution in lawuntil the tax assessment. In addition, the use of tools adoptedbyTaxAdministrationsto make tax management more efficient, known as practicability, isdiscussed, focusingon the so-calledGenericValuePlants (PGVs), mechanismsusedby Municipal TaxAuthoritiestoconcretelymeasure the valuesof the property in a presumptivemanner, currentlyessentialtochargingthe IPTU, studyingthemaccordingto the taxlegalitythrough a bibliographic review. The dissertationalsoseeks, at the end, to analyze how the exerciseof the competencetotaxurban real estatecan serve for the compositionof municipal revenuesaimingat the fiscal autonomyof the municipalitiesand, consequently, the provisionofessentialpublicservicesto the citizens.