Adopting a new understanding, the Federal Regional Court of 4th Region (TRF) decided that the indemnification arising from the conversion to losses and damages of the obligation to deliver the complementary batch of shares of Oi SA (Brasil Telecom SA) is subject to income (IR) by the capital gain scheme, which represents a reduction in taxation of 27.5% to 15%. As regards the portion of the indemnity concerning interest on capital and dividends, it is income free or taxed to the rate of 15%, according to a decision of the Superior Court of Justice (STJ), published on September 26, 2016. / p>

The partial Adimplement of financial participation contract signed with CRT has generated a flood of legal proceedings against Brasil Telecom S.A. aimed at the recognition of rights to receive complementary batches of shares. However, due to the impossibility of delivery of new shares, the company made the payment of thousands of indemnities related to the appropriate duly complementation and the profits that have failed to be paid over time.

Reviewing the positioning adopted until July 2016, the TRF realized that this compensation applies Article 3, paragraph 3, of Federal Law 7,713, 1988, according to which the operations that import alienation, to any of goods or rights are subject to taxation by the capital gain, and these values ​​are subject to the 15% tax burden.

In relation to the part of the indemnity concerning profits (dividends and interest on capital), the STJ stated, in a decision published on September 26, 2016, which applies the understanding of the taxation of income received cumulant. That is, the IR should be calculated on the basis of the rates and exemption hypotheses that would be applicable at the time when they should have been paid. With this, an important part of the indemnity for profits (period after January 1996) becomes taxation, while the values ​​related to capital interests are having a tax burden of 15%.