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    Delay penalty imposed on bankrupt estate may reach the credits prior to the new bankruptcy law
    2013-04-26

    The Superior Court of Justice (Superior Tribunal de Justiça - STJ) judged Direct Appeal n. 1.223.792 where the State of Mato Grosso do Sul sought to include the delay penalty in the classification of the credits in the bankruptcy of a company. According to the opinion announced by the Second Panel, in the case of bankruptcy declared during the validity term of Law n.

    Filed under:
    Brazil, Insolvency & Restructuring, Litigation, Tax, Machado Meyer Advogados, Bankruptcy, Ex post facto law
    Location:
    Brazil
    Firm:
    Machado Meyer Advogados
    Goodwill case of the GM Group was judged by CARF
    2013-08-06

    On 06.11.2013, the 1st Panel of 3rd Chamber of 1st Judgment Section of Federal Administrative Tax Court granted relief to the Voluntary Appeal filed by Banco GMAC S/A, recognizing the use of a tax benefit for the amortization of goodwill originated from the corporate restructuring of GM Group.

    Tax authorities claimed that the GM Group had used a vehicle company and that the corporate operations lacked business purpose, so the goodwill was created inside the group by an inverted merger.  

    Filed under:
    Brazil, Insolvency & Restructuring, Tax, Machado Meyer Advogados, Ally Financial
    Location:
    Brazil
    Firm:
    Machado Meyer Advogados
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