Banca de DEFESA: WESLHEY GUSTAVO CANUTO SANTIAGO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : WESLHEY GUSTAVO CANUTO SANTIAGO
DATE: 05/12/2022
TIME: 11:30
LOCAL: google meet
TITLE:

THE INCIDENCE OF FEDERAL TAXES WITH CRYPTOCURRENCIES TRANSACTIONS - AN ANALYSIS IN LIGHT OF THE CF AND CTN


KEY WORDS:

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PAGES: 150
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direito Público
SPECIALTY: Direito Tributário
SUMMARY:

In the context of technological development, situations arise in which the Law needs to resolve, even though there is no specific legal regulation on the matter, requiring the use of jurisprudence, other existing codifications so that that specific situation can be applied. This is the case of cryptocurrency, a totally disruptive technology, which proposes a kind of innovative financial system, based on cryptography, fully decentralized, not dependent on a controlling agent or intermediary financial institution, in addition to not suffering interference from political interests. As transactions with cryptocurrencies translate to contributory capacity, in theory, it would be possible to levy taxes on said transactions. It turns out that there is no legal regulation regarding cryptocurrencies, there is only normative guidance from the Federal Revenue on how such assets should be reported in the Income Tax declaration, causing several divergences regarding the legal nature of cryptoassets, as well as on the possibility or not tax on cryptocurrency transactions. In view of this, the work presents a synthesis of cryptocurrencies, clarifying its emergence and evolution, as well as discussing the existing divergence regarding the legal nature of cryptocurrencies. Overcoming this point, in order to analyze the possibility or not possibility of levying federal taxes on cryptocurrency operations, an approach will be taken on the application of the principle of isonomy, contributory capacity and public interest, as a way of concluding, on the need for taxation in such operations. The work also explores, from various perspectives, which federal taxes can be levied on investmentoriented cryptocurrency transactions and how the tax incidence is operationalized, pointing out the tax rate and calculation basis, in accordance with current legislation and established principles. in the National Tax Code and Federal Constitution, using the deductive method with a bibliographic and jurisprudential research on the subject, especially from the perspective of tax-constitutional law      

 


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Notícia cadastrada em: 01/12/2022 11:19
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