Bolsonaro vetoes the forgiveness of tax debts of the churches | Politics

The text was approved by Congress but, with the veto, the section will not go into effect. The amendment provided that churches:

• would be exempt from paying the Social Contribution on Net Income (CSLL).
• he would be amnestied from fines received for not paying CSLL.
• he would be amnestied from the fees for not paying the social security contribution.

In material released on Sunday night (13), the government assures that President Jair Bolsonaro “is in favor of the non-taxation of the temples of any religion.”

However, according to the General Secretariat of the Presidency, the project would have “Inescapable legal obstacle, and the possible sanction may imply a crime of responsibility of the President of the Republic.“.

This pardon had been included in a bill on another subject, unrelated to churches and temples. The passage was suggested by the deputy David Soares (DEM-SP), son of the religious RR Soares, on the justification that the payment of taxes penalizes the temples.

Bolsonaro defends the overthrow

In a post on social media Sunday night, Jair Bolsonaro argued that the veto itself should be overridden in the National Congress. This is because, according to the president, MPs would not have to worry about the implications of their votes.

“In accordance with article 113 of the ADCT, article 116 of the Law on Budgetary Guidelines and also on Fiscal Responsibility, I am forced to veto a device that exempted the Churches from the contribution on Net Income (CSLL), all to avoid almost certain impeachment process, ”Bolsonaro says in the post.

“I confess, if I were a deputy or senator, when analyzing the veto that must take place until October, I would vote to overthrow him,” he continues.

“Art 53 of CF / 88 says that ‘Deputies and Senators are inviolable, civilly and criminally, for any of their opinions, words and votes.” In CF / 88 there is no such inviolability for the President of the Republic in the case of ‘Sanctions and vetoes,’ says the president.

Bolsonaro affirms in office that he is expected to transmit to Congress this week a proposal for a Constitutional Amendment (PEC) with “a possible solution to establish the adequate margin for the immunity of the churches in tax matters.”

The post does not detail what that solution would be.

This week, the Attorney General’s Office of the National Treasury (PGFN), a body linked to the Ministry of Economy, recommended to the government, in an opinion, the veto of the cancellation of the tax debts of the churches.

According to the agency, Only in relation to Social Security, the churches that would benefit accumulate R $ 868 million in debt..

“It does not seem possible that the legislator, given the principle of equality and contributory capacity, exonerates or renounces public revenues without being housed in constitutionally significant values, which do not seem to be present in the case,” said the body in the ruling.

Currently, the law states that only the prebend (remuneration paid to the religious leader, such as the pastor), is exempt from the tax. In practice, churches employ people in many other functions, in which case contributions must be collected.

Proponents of the CSLL amnesty and exemption argue that churches are free to pay taxes in Brazil.

However, according to the president of the National Union of Revenue Auditors (Sindifisco Nacional), Kléber Cabral, the contribution to profit focuses on activities carried out by churches and that are not part of the original purpose of religious temples.

“Some churches have organized themselves as real companies, they end up having other activities that many times are not related to the activity of the church and that involve the people responsible for managing the church, pastors, missionaries, etc. and these other income must be taxed, which looks like the social tax on the net profit, because at the beginning the church has no profit and there would be no reason for her to pay the social tax on the net profit. but notices, when they occur, is when there is a misuse of purpose in church activity, “he said this week.