Direito Tributário e Contabilidade
Okay, so now we have our
first meeting, right, Alexandre? And
several other things... very good. I really wanted to... the
other day in my
library I found one of your
accounting books that must be about twenty
years old, for competitive exams. When do I
have it in your library? That
reminds me of a time
I was at a ceremony, at an event,
because there at São Francisco's main hall... I
think I was with Jonathan, Jonathan
Vida, and he said, "You have a book of yours
in my library." I asked, "Any?" and
he said, "Customs Legislation,
Commentary." I said, "Oh my God, you have one for
the first time!" I wrote it, and I was 24 years old
and I hadn't even finished college
yet, right?
And it was a book you paid me to
write in the prep course that I did very
well on the exam. You don't have
any of those books, do you want to write them?" I
said, "Let's pay you how much." I didn't know I was going to get paid in
advance, but you do
n't know, I asked
him to pay me because I needed it. For 900, that's
our tuda for me, and then I went there and
wrote the book. It's not even... just... just...
commentary... I don't
have a copy, just... To give you an
idea, I don't have it... it's my wife, you
already talked to her about the purchase on Estante
Virtual, right? I'm a bit of a dilemma when it comes to
buying things online, I mean, at
24 years old, but then I went to look, I went to
look at the book, right? I searched
the internet, my name is the title of the book, I
found a draft law in my book, I
found a specialization course in
Customs Law, citing my dear
friend, I said, "Oh my God, what a danger!" And the
same thing is dangerous with this type of
accounting, which is just a matter of taking
courses. Very good, but she was here in this
informal chat. But let's begin,
we're here live, right? I always
start a little earlier so that
our viewers can thank
everyone for their presence,
as always, our events
are already gaining a lot of traction.
It's very interesting, the public
is very happy, especially with the
evaluation that the public has given
us, right? Our students, our friends,
our colleagues, those we have
also met through our network, right?
I wanted to thank the presence of
our esteemed speakers, friends,
excellent professors, Mr.
Amauri, Professor Quiroga, Mr. Alexandre.
We're going to do the
presentation here, which was in a... So, a little bit,
very happy to have
you all here. I want to thank Gabriel and Tacna,
who, as always, will be doing our
background. She will be addressing the
attendees so we can issue
certificates. By the way, once again, this is for
informational purposes:
the lecture, lasting an hour and a half,
entitles you to a certificate of attendance.
So, if you have
n't registered yet, please use the links
and register
according to the instructions to
obtain the certificate. Gabriel
will help us. News: Gabriel, our
undergraduate student, is finishing his undergraduate studies now,
and above all, our
scientific initiation student in the city, taking his
first steps in research. Gabriel,
thank you very much for being here.
We'll meet again soon.
And finally, a big thank you,
as always, to my dear friend, colleague, and
companion Alexandre Naoki Nishioka. He
is a great companion here, sharing the chair of
tax law at our beloved
Faculty of Law of Ribeirão Preto in
São Paulo. We've been together for a long time,
walking
together, pushing the piano together,
everything together.
Thank you very much, Your Excellency, to whom I now give
the floor. I would like to
begin the proceedings. Thank you very much,
and thank you, Professor Guilherme. Adolfo
dos Santos Mendes, as Professor
Alexandre was saying a little while ago,
Professor Guilherme Mendes was for a long
time an advisor to CARF (Administrative Council of Tax Appeals), an
auditor for the Brazilian Federal Revenue Service, and
for a long time also a Professor Doctor
at our law school in Ribeirão
Preto, University of São Paulo, a
great personal friend of mine, a
family friend. I thank him for all this time we've
worked together a lot, so good evening to
everyone. Thank you very much,
Professor Alexandre Pinto, who is
also a recent PhD, in addition to being a professor, right? He
gave Lula's national 18 votes.
Now he is an advisor to CARF, he is an
advisor to the Municipal
Tax Council here in São Paulo,
a specialist, master and doctor in
law from the University of São Paulo, and
besides being a lawyer, he is an accountant. To speak
on the subject, professor at FIPECAF (Federation of Industries of the State of São Paulo) and
there, we have here a
person who is not very appropriate to have
here also Professor Amaury José
Rezende, already our professor of faith here
in Ribeirão Preto, he is a Master Doctor
and associate professor in Controllership and
Accounting from the University of São
Paulo. He did postdoctoral studies in
Germany at the University of Giessen, under the
guidance of Bibi, and our longtime friend,
with whom we have
participated in events, master's thesis defenses,
and so on. We also have
Professor Roberto Quiroga Mosquera, who
is a longtime friend, in
fact, he was
in Professor Tyrogue's office in
1991. He won't remember when he was a
professor at FGV and I was,
in fact, an intern at the Crédit
Commercial de France bank in 1992. The professor,
despite being an acquaintance,
was also an excellent
lawyer on the
National Financial System Appeals Board, with whom
we met around
1990, 1967, and to see how
we are, I personally am about her. She
is a Professor Doctor of
Tax Law at USP and at the
FGV Law School, and currently a managing partner at
Mattos Filho Veiga Filho Marrey
Junior e Quiroga Advogados. So, I
thank everyone, Professor Amauri,
Professor Alexandre, Professor Roberto
Quiroga, and immediately I pass the word to
Professor [Name]. Alexandre Evaristo Pinto, right?
Alexandre is discovering Professor
Roberto Quiroga and Professor Amaury
José Rezende, uncertain, closing the
lectures, and Professor Guilherme
will then coordinate the debates.
Thank you very much, Alexandre, the floor is yours.
Hi, good evening everyone. First of all,
I would like to thank Professors
Alexandre Joca and Guilherme for the
invitation. They are professors whom I greatly
admire, and both, coincidentally, had
an outstanding performance at CARF.
So, before starting the
lecture, I would like to comment that I always
use the votes as parameters, so I am
very grateful for the invitation. The invitation
became even more special because of the
company we have here. Professor
Roberto Quiroga is a professor whom I
greatly admire; I was his monitor, I was his student, he
participated in my
doctoral examination board, so I am very happy to see him again.
And Professor Maria Almeida
Rezende, who does a
wonderful job with regard to
tax accounting, is also
in my network of contacts, and
we are always exchanging articles. So I am very
happy to have the company of both of them
for this very cool debate. Professor
Guilherme, I brought... Here's a brief
presentation,
and I'll put it on sharescreen
while you wait, it'll
only be a minute,
it'll never work. Okay, okay,
that
's perfect, everyone. I imagine
you're watching my presentation now, right?
Basically, we're going to talk about the
relationship between tax law and accounting today on Energy.
I'll be presenting it very briefly so we
have more time for
discussion, but the first
important point when I talk about
accounting is that it
attempts to capture a
series of economic transactions
carried out by an entity, resulting in
a final product: the
financial statements.
If you're already familiar with accounting, it tries, as far as
possible, to
faithfully represent these
economic transactions so that this
information can be passed on to its respective
users. Here I'll just present our current
basic conceptual framework of
accounting, our so-called CPC-00, which is
the acronym. What is the objective of
accounting? I've underlined the
main points here, but basically it's to
provide financial information about an
entity so that this information is
useful in decision-making. We have
users, so in short,
accounting seeks to
provide this information about the
financial, economic, and patrimonial nature of
an entity. certain users
is the big one. This is what I like to joke about,
which is why I bring this comic strip
here, showing those transactions so that they can be
entered into the accounting.
This is an act performed by a
human being, so there's an act of
interpreting these transactions so that they are
effectively
translated into accounting. I
always like to bring this slide here
because accounting often
expresses itself in monetary terms, but it gives the
impression of being
exact. By showing that there's an
interpretive work done by
a human being, in this case the
preparer of the financial statements,
we necessarily show a
subjective analysis to a greater or lesser degree,
demonstrating that accounting is
part of the group of applied social sciences.
And I really like to say that in
this interpretation stage, there's a
division of the accounting process,
understood as a process with
at least three stages.
We see this quite a bit in the doctrine of
Professor Elizeu Martins, Professor
Alexandro, and also in the
doctrine of Professor Quiroga, which
is a very interesting article on
accounting law in the first edition of "
Legal-Accounting Controversies."
The accounting process will essentially start
from these three stages, right? The first
stage is recognition, identifying whether
those economic transactions meet
the
accounting recognition criteria
stipulated in the accounting standards. The second
step is the measurement stage, in which
we will quantify that
economic transaction to be measured. Ideally, we
will recognize it for what value.
This is one of the answers
we seek in this
measurement stage. And finally, we also have
the evidence stage.
The bridge will demonstrate to external users
of accounting those economic transactions.
And taking advantage of
Professor Guilherme Mendes's perspective, who was
advised by Professor Paulo de Barros
Carvalho, we always like to
study the semiotics of
communication. Accounting
can also be understood as a
communicational phenomenon, that is, there is
a sender, who will be the preparer
of the accounting statement, wanting to
convey the message about the
economic transactions of that entity. The
message will be given through the
financial statements. The
financial statements will
use a code, which are the
accounting standards in force in that country, and the
receiver will look at that message,
understanding the... The code, which are the
current accounting standards, also involves an act
of interpretation and analysis so
that one can make the necessary
decisions.
Here's an example I really
like from our
accounting theory: Banner, a
German company. It was one of the first
German companies to issue its DRIs on the American stock exchange,
and because of that,
in 1993, it had to present
its financial statements in
American accounting terminology.
And look at the
curious situation that occurred: the
1993 financial statements,
according to the German accounting standard,
reflected a profit of 615 million
German Marks (the currency of the time),
the same economic reality. But
using another code, the
code of American accounting standards, it
equated to a
loss of 1.8 billion
German Marks. So we see this
difference in accounting standards generating
some glaring distortions, even though it
was the same economic reality, it was being
translated with
totally different amounts: a millionaire profit,
another a billionaire loss. That's where
this whole movement of
international convergence of
accounting standards comes from, this need... The
standardization of accounting codes, so
that everyone has to speak the same
language, has been a concern for some
time now, since the rise of
multinational corporations. For example,
here in Brazil, companies had to
do their accounting according
to Brazilian standards and often
report according to the standards
of their parent company.
Then, in the 1960s, the
United Nations created a
group for accounting convergence. But
obviously, with the globalization
of markets and the advancement of telecommunications and
computerization, from the
1980s and 90s onwards, investors demanded more
comparability.
In the 1970s, what is now known as
the current standard was created. At the time, it was
a commit, so it was based on
local internet and sensors. Today, it's on-board, which
had these standards with an
international scope. Prior to these 8
and FSX,
what happened here until the beginning of the
1990s, we still had
the North American standard reigning
supreme in other
countries. Computers even sought
specialization in the standard. The Brazilian Supreme Court (STF), but
some accounting scandals that
occurred at the beginning of this century
at grow.com, among others, led to a
rethinking of the IFRS standard, based on the
logical principles of its
standard, and the Resgate (accounting standard), which may have dictated
some of these scandals. So, this was
a moment when IFRS won,
let's see, the dispute regarding
Resgate in terms of importance. Well, the
need for this
convergence, right? In Brazil, I'll
talk a little bit quickly,
but it arose with Law 11638, the creation
of the CPC (Accounting Pronouncements Committee) in 2005, and the issuance of
accounting standards by the CPC. What is the
result of that work in
preparing the financial statements? They are
the financial statements, and
I'll just list the
financial statements we have in
the CSA law, in article 176. We
have the balance sheet, the income statement, the statement of
changes in equity, the
cash flow statement, and the
statement of added value, which
is only for publicly traded companies. The
explanatory notes also play a very
relevant role in informing in a
more detailed way about the
previous statements and also some sectors,
obviously, publicly traded companies.
Regulated sectors may have some other
demonstration, and it is
on the part of their regulatory body, such as a
reference formula, for example,
in the case of publicly traded companies.
And who are the users of
accounting information who will interpret it? We
have the most diverse possible.
Obviously, the most relevant,
thinking about the developed capital market,
are the investors, but we
also have the creditors when they will
verify the statements for
granting credit, the
administrators, managers, right? But there
can also be various other suppliers,
clients, employees, the government itself or the
general public, the stakeholders.
And what do stakeholders
use this accounting information for?
Basically, for decision-making,
planning decisions, control,
assisting in the decision-making process. This
point I also wanted to
briefly mention is that, because
accounting standards are a human construct based
on the culture of each country, there is an
influence of users on accounting production.
So, some characteristics of
each country will end up influencing even
the formation of the accounting standards of that
country. I'm talking about the pre-
convergence environment. Professor Eliseu
Martins will highlight that
Anglo-Saxon countries, such as the United States and the
United Kingdom, had a financing of
companies more based on the
capital market. Accounting ended up being
geared towards investors as the
main users.
Accounting is more forward-looking,
reflecting more of the
future economic benefits of
quantity, and another
relevant characteristic is that accounting standards in these
countries were
produced by computers themselves.
My professional associations, for
example, the German model, show a
model that is more based on the growth
of companies in the banking market.
Consequently, accounting in
Germany was more conservative, and
creditors were the main users.
Looking at a financial statement, you
had the certainty that you could
liquidate those assets for those
values and pay those liabilities. There was
also a characteristic of
accounting standards being more produced by the State.
Bringing in some Latin American examples,
which obviously
include Brazil, but Italy and France
also had a financing model more based on the
banking market. But there was a great
influence from the government, in addition to the creditors,
and also this issue of
accounting standards being produced by the State.
The French Civil Code
brought accounting standards, and
even earlier Coubertin Ordinances also brought
standards of a W nature,
showing this great influence of the users.
Even though it is
expressed in monetary terms and seems to
be something exact, accounting is not; it is
a social science. Accounting data... These
are approximate figures. And here I bring
the words of a now deceased professor,
Robert Entre, from Harvard: "
Accounting works with
approximate data, it works with
incomplete data and numerical evidence, and
only partial evidence."
So, just as an illustration, I'll show you
Petrobras' balance sheet published on December 31,
2019. Here we have a series of
accounts and their respective values in the
2019/2018 columns, both in the
consolidated and parent company figures. What
's interesting to anyone looking at this
series of values is
that these values are
based on conventions or uncertainties. So, even though
financial statements must approximate faithful representation, they are subject to uncertainties
and conventions. Professors on vacation
used to say that the only
certain information in a balance sheet was the year,
but I like to joke that
even the year is actually based
on a convention. If we were to
work with another
calendar model, the year 2019 is the year 5780 in the
Jewish calendar or 4718. In the
Chinese calendar, and for each group
of accounts, we can ask ourselves: Will
all that amount
to be received actually be
received? Is that
fixed asset truly reflecting its value? Was
an
appropriate depreciation rate used according to the
useful life in relation to the provisions in the
liabilities? Were the chances
of losses accurately assessed?
Often they weren't, because that precision is
unattainable. The same applies to
recoverable taxes, payable taxes, or
assets. Are recoverable taxes payable? Are
the taxes properly calculated?
Very likely, otherwise
we wouldn't have problems with the
Kombi vans and fines to
pay. And that's without considering the
effects of inflation, since
monetary correction of balance sheets was prohibited by Law
9249/95.
In the end, the profit
is driven by
uncertainty; it's not an exact value, right? It
will vary according to the
recognition, measurement, and disclosure criteria.
And that example from Daimler-Benz is
quite characteristic; we saw that the
profit of that company wasn't worth more than
a loss, but rather a profit.
Millionaire, and neither of them is wrong, right?
We can say that it's wrong since
they were made according to the
accounting standards of those two countries.
But even within the same jurisdiction, there
can be a greater degree of subjectivity in the
estimates of revenues or
expenses, the provisions for tax purposes, you see,
in expected losses, or even due to
choices that the accounting standard confers on the
company. Often, the accounting standard
confers a choice, such as we have
in the case of
investment properties, where the standard allows
you to value them at cost or at fair value, so it
says that it's a range of
values
expressed in a certain way. It's a
range whose amplitude can vary
significantly or not, depending on the
degree of subjectivity of that
accounting standard, the accounting choices in that
jurisdiction, etc.
So, just taking a very simple example,
let's imagine the inventory: I
make a purchase of 10 items for R$
100 each, totaling
R$1,000. I acquire the same quantity of
items ten days later, but now
for R$200 each, totaling R$2,000.
Ten days later, I buy another 10
identical items, but the price has increased
to R$3,000. So, I would have
an inventory on the later date of R$
6,000, which is the sum of these three values.
And on the following day, the company sells 10
items for R$3,500. What
I want to show here is that there are some [methods],
and it's for inventory valuation purposes.
When we write off the
first item (the super traditional
first-in, first-out), we
'll write off the ten
items that came in first.
Consequently, from that
revenue of R$3,500, we have a profit.
On the other hand, if we
work with the LIFO method,
we
'll work with the last ten
products that entered stock, which were
those that totaled 3,000.
Consequently, we arrive at a profit of
500. The
average cost, since we average the costs, would be
6,000
reais divided by 30 items, which would give us
2,000 as the
total cost. So, consequently, we would
subtract 2,000 and arrive at a
profit of 1,500. Conclusions here, for
this event, for this issue of
pre-IFRS stocks, just to see how a
single economic update was
captured in three different ways
by accounting, totally impacting the
amount of profit to be distributed to the
partners, as well as eventually the
taxable base. In this case, we are not putting
any adjustments. So, in this simplified case, the profit is the
range between 500 and 2,500.
And one detail is that the
LIFO method is not permitted by our
legislation since we are... An inflationary country.
Oh, and this point is important. So
I understand that profit is based on
several premises, right? And how does that
relate to taxation? Professor
Casalta Nabais from Coimbra
proposes three models of the relationship between
accounting profit, tax profit, and
tax profit understood as the basis for calculating
corporate income tax. The first model is one in
which there will be total coincidence between
accounting and tax profit, with no adjustments.
Obviously, this is the model with the lowest
compliance costs. The
second model would be
a model of autonomy, so each
would be determined completely
independently: one criterion for determining
accounting profit (current accounting standards)
and one criterion for determining tax profit (
or the basis for calculating income tax).
Here in Brazil, we even have some
very exceptional hypotheses in the
arbitrary profit assessment, where you take into account
some items that are not related to
accounting, a percentage of the
payroll, but these are difficult to
apply in practice. And we have the
most common model in most of the
world, which is a model of
partial dependence: tax profit is the basis for
calculating corporate income tax. Several parts of the profit are
counted, but adjustments will be made,
placing these three models here in a
larger line. The more autonomous
the models, the higher the
compliance costs can become. This can be the case when you
have two accounting systems; the less
autonomy and formal dependence the model has, the
lower the compliance cost.
The partial model will have
more or less adjustments, leaning more
towards the autonomous model or
more towards the dependent model.
In Brazil, the Law of the
S&P was a true revolution at the
time regarding
accounting standards. The idea brought by
Decree 1598, also drafted by the same
author of the Special Law for the Pride of the
Quarries, was the idea of
partial dependence through adjustments to
accounting profit, additions, exclusions, and
compensations.
Law 11638 introduced the
IFRS Brazil standard, altering the
accounting provisions of the law.
Initially, the decision was for neutrality
under the Transitional Tax Regime (
RTT), meaning
adjustments were made to accounting profit to arrive
at the accounting profit calculated according
to the 2007 standard. Law 12
ended the RTT. Bringing
specific adjustments to the new accounting system, in a
way, today with Law 12973,
we start from the accounting profit, make the
foreseen adjustments and readings to arrive at the
calculation basis, the model of the value, there are
additions, exclusions and compensations.
The only relevant detail is that
accounting standards and IFRS standards are constantly
undergoing
changes. So in recent years
we have had several
significant changes, and in this sense, Law
12973 stipulated that modifications to the
adoption of new accounting methods
through administrative acts based on
competence attributed in commercial law (
read: CPC) that are subsequent to the
publication of this law will not have implications
for the calculation of federal taxes until a
law regulates the matter. So we
have neutrality for the new
post-12973 standards that alter
accounting criteria. That's why some
professors call Dr. Tetezinha and
Professor Eliseu Martins, usually
called RTT Zinho, and who does this
control? The law itself stipulated in Pará
that it is the responsibility of the Federal Revenue Service to
identify the acts and provide for these
procedures to annul the effects.
So today, in addition to the... Regarding legal adjustments,
we have some neutrality adjustments,
tricks for subsequent
accounting operations (IBR 12973), but they
are also forwarded there as additions
and exclusions. There is no obligation of their
own, just like at the time of the RTT (Transitional Tax Regime) where we have the
S-Cont. It is
the infralegal norm of the Federal Revenue Service
that provides this overview,
Normative Instruction 1753/2017. So it deals
exactly with these procedures
to annul the effects. The identification
will always be done in the form of an
annex to this instruction. And here, going to the
end, I will only give two very brief
examples. The first, Annex 4,
refers to CPC 47, the CPC on
contract revenue. A client came into
effect in 2018, replacing CPC 30, and it
divided it into four groups of
procedures. There are some procedures
that in the annex are considered as
modifications, adoption of new
accounting criteria. So the effects have to be annulled.
There are others that it says have
methods or criteria that diverge
from tax legislation, so it's as if
the criteria weren't new, but they are
criteria that diverge. The
Witcher 3 will address the
indirect impact of items 1 and 2, and item 84
contemplates some items that received adjustments.
It understands that there is no modification,
so no adjustment to
profit is needed. On the contrary, it
also explains what to do
when there is a change; it will create
a sub-account called "adjustment of
gross revenue." Another
relevant standard was also changed: the
Leasing Standard CPC 06
R2, based on IFRS 16. It also
introduced three groups of procedures:
first, procedures that contain
modifications; then, procedures that
indirectly involve
modifications (adoption – these two should
be adjusted); and finally, item 3
selected some items that do not
involve modifications. So this is a
very brief way to start the
discussion, bringing up some
accounting and tax points that I consider
important, and I hope I haven't taken up too
much time.
Dr. Alexandre Alvares, thank you very much for
your presentation.
This is extremely helpful and important for
our audience. You presented a
complex topic in such a brilliant way,
as you did.
Thank you very much, and I am grateful once again for being
here with us. "I want to say this to my
friend Professor Roberto Quiroga, whom I
deeply admire. I wonder if
others will be jealous, but I have to
say, you said this from all
distances, right? For me, you are the greatest
tax lawyer I've ever seen
personally, right? In your
oral arguments, you are someone I have immense
admiration for. Without further ado,
you have the floor.
Thank you, Guilherme, once again.
I appreciate the invitation to be with
you.
I was afraid because when
Evaristo came on, the power went out at
my house, and I thought, 'Oh no, I'm going to be
without internet. I hope it doesn't go down
again.' I almost
joined on my cell phone, but luckily it came back on,
and now I have internet too. It's a
pleasure to be with you, and I thank
Alexandre and Guilherme, as professors
at the Ribeirão Preto Law School,
for the invitation and to speak on such an
interesting topic as law and
accounting. It's a pleasure to be
with Professor Amauri, with whom I've also been
in Ribeirão Preto at some
events, and with my dear friend
Alexandre Evaristo. I
also want to thank him for the lecture and for his
son." That's when someone recently came up with
congratulations, and I wish you much happiness,
peace, and joy in your
home.
And actually,
in my initial 20 minutes here, I
wanted to touch on the subject of the
relationship between law and accounting.
I see many students
commenting on this; it's difficult to
imagine a tax lawyer today, and to
be a tax lawyer, one doesn't work with
accounting. As
our Alexandre said, for those who are going to study
income tax, for example, it's
fundamental to have notions of
accounting, not to mention
more advanced, more
precise knowledge of accounting.
But it's not just income tax;
today, those who deal with indirect taxes
also work a lot with accounting.
We always have
important accounting concepts in
indirect taxes and topics related
to operations, for example, corporate transactions that
are done in law. I will
always have accounting very close to
you. So we would say the following:
look, it's really difficult to imagine
working in the tax area without having
accounting by your side. Therefore,
you have a vision that
accounting is a... Regarding the elements
you'll need to analyze to understand
the phenomenon of taxation, I don't
need to spend much time showing
the importance of
this correlation between the two
subjects. It's not taxation, but
tax law as a whole, and
accounting as an
important science in this area. Okay,
but what happened more
recently, right? With Resolution 11638, which I mentioned
more than 10 years ago,
we had a
very big change. As
Alexandre said, we had a
set of standards that are trying to
converge, creating a
common standard so that we can try to see
the same phenomenon in the same way, without
different perspectives. He gave
an example: if I did it using the S GAP method,
I would have a profit; if I did it using the other
method, I would have a loss. In other words, we
have different perspectives. So the objective
of all this, you know, the so-called revolution, the
transformation of accounting, is that
we can actually see the number and
say, "Look, I understand this
number from the same perspective." But
that's very difficult. Why is it so
difficult? Because the sciences
see the same phenomenon
differently. So accounting will see...
One way, and the law will see it
another way, and obviously, since the two
sciences approach the
same facts differently, I need an adjustment.
I need someone to say, "
Look, consider this easier perspective, an
adjustment so you can see things
as they really are." In other words, we have
a great difficulty in
effectively achieving convergence, which is why
norms came about precisely in an
attempt to fulfill this function of
uniformity, but it's very difficult, isn't it?
How does the law
behave with these realities?
Basically, the law will codify
accounting norms. So, if on one hand
there are accounting norms as norms
of the science of accounting, we will
have several of these accounting norms that have
become legal norms because they were
codified by law. For example, Law
6404 brings numerous articles that
codified accounting norms, for example,
the generally accepted accounting principles,
all those articles that talk
about financial statements. In a
certain way, what they did was codify
accounting norms that became
norms
and therefore norms of law. So I
end up having these intercommunications, right?
Law and accounting are
related sciences, but the law gathers, it
chooses, it makes with... That many
accounting standards become
part of its legal world, insofar as
they are positive law, and today there is even
talk of accounting law, which
would be precisely these
accounting standards that the law has
embraced and codified,
forming a branch that many contest,
but we can say that it would be
didactically easy to understand
accounting law. What would accounting law be, according
to Otávio, is nothing more than
this set of accounting standards
that have been codified by law,
becoming legal norms. Now, what is
interesting for those who are
starting to study the subject of
accounting law is understanding this; it is
fundamental.
And here, in fact, law and
accounting will see certain
phenomena differently because that's what
each of the
respective sciences demands. I'll give some
examples. So let's imagine that you
have acquired a property for one million
reais,
and after you buy this property
for one million reais, this property is
listed as a historical landmark by the state or the municipality,
preventing any type of
sale, transformation, or any type of
work on this property. Imagine you
bought a property for one billion
reais. And suddenly it's listed as a historical landmark, you ca
n't sell it, you can't do
any work on it unless you're not going to do anything with it,
right?
And from a legal point of view,
what is your patrimony? Your
patrimony is having a property that had an
acquisition cost of one million reais,
so you go there and declare it on your
income tax return, "Look, this
property is worth one million reais because I
bought it and paid one million reais for it." But
for a computer, the opposite is true. Perhaps the
property becomes an expense
because, in reality, he can't
sell the property, he can't
renovate the property. In fact, what does the
property give him? It only gives expenses like property tax,
maintenance expenses. In other words, it's just
an archive for him. It
's not an asset. From a legal point of view, quite
rightly, it's not an
asset, and it cost one million reais. I
sacrificed one million reais from my
savings to buy a property.
But for accounting purposes, a
listed property that I can't renovate, that I ca
n't renovate, may well be
worthless. In other words, these are two
different perspectives: the view of someone who deals with
law and the view of someone who deals with
accounting. They are different perspectives.
Therefore, this property, which apparently
cost a high price for those who like to
ask, as an asset, has
a property worth one
billion reais listed on my assets, but in reality, if the
accountant looks at that
income statement and does the following, and
moves here, nothing can be done,
it's worth zero, on the contrary, it only
generates costs, and this is obviously a different
reality.
Based on this example, this is precisely what
we have to understand: the
intermingling of law and
accounting is that each of the
sciences will see these
facts differently, and therefore, at
some point, an adjustment is needed.
Another example that was often given when Law
11638 came into effect, because I think this is an
important concept that we have to
understand, because I can have
different perspectives, right? What I
can see even the same facts from
different perspectives, and we had
the example, for instance, of how
accounting defines what an asset is.
So, if you ask a
lawyer, they will say what
my assets are, that an asset is
the set of tangible goods that
form a universality, and its
concept that we will... So, that
property worth a million reais that I bought is
worth a million reais, but
accounting will understand the asset
differently, right? An asset is something that
will generate future cash flow
with the resources I provide. In other words, if it does
n't generate future cash flow,
that asset is worthless, right? That's why there's
a very clear joke: after Law
11638, if you took a balance sheet—not for those who
give up a lot, Professor Eliseu
Martins—if you took the balance sheet
of an airline company,
and before Law 11638, you looked at
the assets and there
were no airplanes, right? Before, in the
old system, you didn't have them there,
I couldn't see the airplanes as assets,
right? I saw all of that in the liabilities. Because,
in fact, it's in the
lease agreements. But what does
an airline company have? It only has airplanes, right? So,
after Law 11638, what exactly started appearing on the
balance sheets of airlines?
These airplanes are
considered assets even though I don't have
legal ownership of them yet, even though I have
n't bought the airplanes, I'm
leasing them. But how do they... These are
resources that will generate future cash flow for me;
it's considered an asset, which is
why it has to be on the balance sheet. In other
words, I will necessarily have...
This is the need to see things
differently. Just the last, third
example to explain this and make it
very clear what this correlation between
law and accounting is. Imagine the
following: you have taken out a
loan from a legal entity
for 100 years. I lent 1 million
reais for 100 years to this company. The
question is, are you a borrower who
lent money, or are you actually
a shareholder of this company? Who lends
money for 100 years, right?
In fact, it's not the
shareholder. Because it's such a long time that they
lent it, they're not actually
expecting any return beyond that. If it
were the shareholder... In other words, I, as a legal
professional, can say, "No, I signed standing up,"
and what I did was a
loan agreement for so many years.
But eventually, from an
accounting perspective, I'll look at that
differently. I'll say, "Hey, I took out
a loan for 100 years,
so what am I? I am
effectively a shareholder, right?" I am not the... The
lender, and therefore I am not
taking out a loan, that is, these
three everyday examples, which are
easier to see, show us this great
difficulty in the relationship between
accounting and law and the adjustments
I need to make.
I learned from Professor Amauri and
Professor Alexandre Evaristo that the
accounting process goes through three
phases: the first is the
recognition phase, then the
measurement phase, and finally the evidence phase. That
is, both the accountant and the
lawyer, when they look at a fact,
when they look at something,
they will first
recognize what it is.
Then they will
measure what its size is, and
then they will evidence how
it will be shown,
publicly disclosed, right? But they are
different processes, right? So, in these examples
I gave, how will the process be? From the
lawyer's point of view, he will say the
following: this here... So when I say
recognize, when I recognize, right?
What is the legal nature? He will
say this is a matter,
and then he will say, okay, this minute... The
second step is to measure this matter. He's
going to say that this amount
corresponds to one million reais, right? He's
going to say how I'm going to show this through
a contract,
and the accountant might do it differently, right?
He might say, "No, this
isn't a million reais, this is like
a share you lent for 100
years. You lend for one hundred years, you're not the
author of the shareholder, right?" Substance is worth
more than form, right? And then we're going to get into
an important issue of
accounting law, right? He's going to
mix things up, he's going to say, "No, if
you lent for one million reais
for 100 years, bringing this to the
present value doesn't represent one million reais, it
represents one real." For example, and how is he going to
show this? He's going to show it in the
balance sheet, that is, two different views: the
lawyer's view and the accountant's view,
two different perspectives, therefore
two different views.
And what is the great lesson
we have, and the principle that we
saw today, which entered into
legal matters with a lot of detail
and a lot of discussion, is precisely about
this: look, the accountant will—I'm going to go
down principles—he
will not only obey rules, he will obey
principles, and basically what... He will
obey the principle of substance over
form, right? He won't focus so much on the
content, the legal nature; he won't be
concerned with the
legal nature of the operation; he won't be
so concerned with the formality
of the operation; he will be more attentive to the essence
of the operation. That's why it's said
that accounting prioritizes
substance over form.
And we know that in law,
throughout our tradition,
codified law, the same is true for
Anglo-Saxon law. We also see a
lot of form in codified law, the way in
which legal acts are
formalized, and therefore, that's how
I will understand the respective legal institute.
So this dichotomy
creates differences and makes the
jurist, from now on, with the new
accounting, with the new Law 11638,
which succeeded them, have to
worry precisely about this change in
legislation, that is, where I will see the
substance and I will not see the form,
and basically I will not
prioritize form, I will
prioritize the substance.
Hi, and what we see as
important changes is precisely the
peace established by Law 12.973, which
was published at the end of 2014
and was also in effect for the years
2015/2014. It states that to
calculate income tax, you must use
accounting reasoning. So,
reason based on what
accounting says; you must follow
accounting. It is your
starting point, your origin for seeing any
and all types of consequences.
Therefore, starting from accounting, the
tax law will have to do the
following: if it wants to change this
accounting reality, it will have to
have a tax law... The article discusses how accounting practices can be problematic, suggesting that while
accounting might be flawed,
accounting principles can be misinterpreted. It emphasizes the need for a law to change accounting reality, specifically a tax law. The author then clarifies that the law must be followed. The author then emphasizes the importance of following accounting practices. The author concludes by noting that
when they began
working
in accounting,
they
saw accounting as a
second-class category. The author,
in fact, already cited Decree
1598, which stated that
real profit is part of accounting profit. The author also noted a
significant prejudice from the
legal field towards
accounting, treating it as a
second-class category, despite the prejudice from lawyers and legal professionals.
Actually, it was already important, and it is
today, but it
wasn't seen that way until I became
aware of it when I started
working in
tax law. It was like this: I can't
move forward if I don't know accounting;
I can't evolve my
knowledge if I don't understand
accounting. And so I went to
study accounting sciences. So this
is a reality in our field, right?
We jurists in the legal field
understand that accounting isn't
important; on the contrary, perhaps it's
the origin of everything, the starting point
for understanding tax regulations.
And today this is very clear in Law
12973, right? That's why we had all this
harmonization with Alexandre de Moraes, that's why we had
the need for legislation to
harmonize this and make the
necessary adjustments. But today in the
legal field, what we should have
as a guideline is: Follow the accounting,
and if you don't want to follow it,
create a different tax law
that changes this
accounting reality precisely to comply with
tax regulations. This shows the relevance of
accounting in our daily lives. And another
important point, just to
finish my statement here... I'll
pass the word over to Professor Amauri,
and it's precisely that all this
standardization of accounting norms
came to Brazil, but it's from systems
that taxed income based on what's called the
consolidated balance sheet. What does that mean?
Imagine you had a group of companies, and you saw this
group of companies as a single company.
So everything consolidated, that is, this
convergence system is very well
elaborated and very well
established for countries that tax based on the so-
called consolidated balance sheet. In Brazil,
we don't have that; we tax
individually, company by company. We
don't have consolidated taxation,
and this causes some imperfections
in this attempt at convergence because the
norms that tax the
balance sheet in a consolidated way, and not
individually, create imperfections.
Therefore, some imperfections need to
be better established. Everything I
wanted to show in my presentation here, which is
quick (20 minutes) and respecting the
deadline so as not to delay the
event, is precisely to demonstrate the following:
law and accounting are
related sciences, but they are separate and
should be scientifically analyzed.
Separately, however, the law
draws from accounting standards to
activate and transform them into legal norms. From
this reality,
legal norms will eventually dictate in some
cases that the accounting standard is valid
as a starting point. Today, in our
Income Tax, for example, as
Alexandre mentioned in Law 12973, you must
start with accounting to arrive at the so-
called real profit, with some adjustments that
need to be made. But this shows
this interdependence, this interconnection
between the phenomenon of law and the phenomenon
of accounting. Knowing also that
accounting will greatly favor the
principle of substance over form,
while law traditionally
favors form over substance,
this conflict is
precisely what we have to study. That's why
all
these discussions about the
international convergence of accounting standards exist, which
also generates many possibilities for
study. Unfortunately, it has generated a lot of
litigation, both
administrative and judicial,
which is a bad thing, because in
fact we should have
more
equal interpretations, but unfortunately this
dichotomy causes
important divergences, and we must... Avoiding them, right?
Anyway, Professor Guilherme, Professor
Alexandre, in my regular 20 minutes here,
the idea was to give a
first introduction, a first notion
of the importance of Law in
accounting, and I thank you once again for
the invitation. I am available for
questions, that's all. What
is the audience? Thank you, we
thank you. Professor Queiroga, just to
vary a little, without
spectacularly offending anyone, thank you for
your participation, for your
comments, and this lesson you gave us and
all our audience, without further
ado, is my dear friend,
companion, right, next to you at the university,
one university close to the other, right?
Professor Amauri, sometimes older, but it's a
pleasure to have you here with us, oh
sir, Your Excellency,
this is the first word, to thank you for the
opportunity, which is always an opportunity to be
with Professor Guilherme, right? And whom I
consider here, right? An
exceptional person, I have a line of
reasoning here that pleases me very much.
Our conversations, sometimes we
exchange messages here, giving the
children a bath, giving words, this message
about the other, an idea here about fabric,
right? And Professor Alexandre, whom we had the
pleasure of meeting at a panel, right? And it was
truly a very enjoyable, very
spectacular debate, in one of the
brilliant new minds that we are
bringing to the community. I also
consider myself a middle-aged man,
50 years old. I'm 44, right? We should
live until the end, so Evaristo, the young man
who will succeed a lot and doesn't need to...
look, basically, to go to the
following... he's a person who
values... It
will be a great pleasure to be with
him, talking, exchanging ideas. He's a
kind person, right? And a person whom God will guide. He
has a special eye for
accounting and the brilliant work he has been
developing, right? Along with
accounting, which he has already
graced us with his knowledge on
other occasions, I appreciate this
opportunity and I want to see if I can... I
swear to this group of
brilliant people here to bring some ideas that are a
little simpler, right? Accounting...
Sometimes we are a little conservative, right?
We sometimes... the tone of
conservatism isn't very strong. I
have the opportunity to work here at the
law school in our
applied tax planning discipline, a
more complicated vision. I will work
again next year, right? God
willing, together with this
excellent group from the faculty. "I'm
from Ribeirão Preto, right? I'm going to ask
you to take the liberty of showing
the slides here, not just for your information,
to try and illustrate a little, since
our friend Alexandre Hohl, as
you've already mentioned, has already
prepared the ground for us to
talk a little bit. It's
something I have a lot of interest in, right? In
my training, let me basically
show you our screen. I'm going to
work with a quick example here.
This one is appearing, everyone
is already seeing it, it's
perfect, exactly. So
I'm going to start our presentation
here quickly about... I know I like
accounting. For me, there's
only one accounting. I'll even
open the old one with some concepts.
For me, there's only one account. There's
only the perspective you
want to see. If I want to approach
this accounting from the perspective
of courses and opportunities, I'm at the biggest
advantage. If I had chosen
this way or that way, I could have had this
performance. Accounting gives us
the possibility to change our minds, so
I have an account of the difference. But the
portrait, and photography, can't be
different, right? Photography can, it's
true, right? I can even zoom in,
but photography is always the same, right?"
And I think this partnership with
law is phenomenal. I sometimes feel like
sitting in the chair and doing
law myself. It's
something my colleagues... It's because I
increasingly understand that this
capacity, this ease, this
narrative brought by the spectacular should be
increasingly used here working with
lawyers. I've linked, for example, I
've learned a lot, like a
phenomenal experience working with the
late Professor Bert Sorbet, who
had a great, right? It's a
great pleasure to connect with
him, right? And tribute... I prepared here, I
selected here the slides from one of
my classes, right? I can treat things
very simply because I am also...
complex things, right? My
processing capacity is not human. So it
will only do three of 1824, it doesn't do
24, 1724 times 12 and 24 months 15, it will take me
a while to process a number
of this nature. So let's go to
simpler things, right?
And the groundwork has been laid, so I mean,
Brazilian accounting, as a
quantity of the world, it gives me an
idea, right? And this idea is an idea of
globalization, it's an accounting based
on... Global assumption: Why? Because the
world does business, right? Unfortunately, we
are in something that has been globalized,
and it wasn't our will to return to reality,
right? But I think we will
also learn from these moments, right? We are
here working in various places to
reduce the transaction cost of
information, which is important, right? We
will see, in a certain way, that we can demonstrate that the
productivity level of the public sector
is good, right? And the University of São
Paulo is at 94% of its activities,
showing that we have done three thousand exams, which
will be approximately 400,
right? But without real disbursement.
We all have the means to produce and convey
more information in accounting; it's
there to generate this
group, this standard that has already been well
addressed by Evaristo. So, because we
have a standard, first, reducing the
cost of capital. Imagine a German having to
translate Brazilian accounting
to his standard, and a Brazilian having to translate
German accounting, and a way to exchange resources,
borrow resources, invest in other
capitals. What is profit for a Portuguese person is
n't profit, or a Dane isn't
profit for an Argentinian, crazy, or a
Brazilian, right? So, I hope that's the
concept of profit. We have the
ability, each Ismar is...
Approaching this debate from the legal field, but
increasingly approaching its
essence, which is economics, let's
go back to the concept of wealth. I don't
know what's crazy, crazy is what I can
or can disappear today, considering that my
current situation in relation to
yesterday's assets, I'm doing so well
today when I was consuming
that portion yesterday. So, if I take the
example, I had one million reais in
assets,
a thousand reais in assets, an inflation of
50 reais, and the result of 300 reais, and I
took the assets today, it was one million and
three hundred, minus 50, my assets are
250, what I could get was only
250 because 1 million and fifty is the
maintenance of my same status of
wealth. The concept of profit itself is
very close to economics, and we take
this basis of economics, throwing it into
accounting. We promise more
subjectivity through its use, more
interpretation, it's an accounting in
value, an accounting that will require the
accountant himself not only a view
of historical cost entries and records, but also
the perception of the use of the resource, right,
increasing transparency. Because, as a
professor, a
concurrent drug dealer bought a
historic beach house that was a building. It's
wonderful, but it was overturned, he
lost it,
and he lost its use. He lost the
benefit baskets, giving you, you can't, Caio, you
can't sell it. He basically can't use it, meaning he ca
n't commercialize it. The
value invested gives an accounting of
clothes. We measure the
present and future benefit of this resource. In this
resource, if it's material, it has material. This is
basically an important idea for
us, right? We have to look at
exactly this economic sense that
the elements of an organization have: to
facilitate the generation of information from the
world, to communicate better, to reduce the cost
of capital in the transaction of resources, to
increase transparency, to increase
comparability, and this decreases the
transaction cost. That's the focus, right? And I
hope that Mauricio de Souza doesn't get
upset because he's using
a figure here, right? That I'm upset about.
So, if accounting is
unique, it's pure. It's very much
life, it can be applied to anything,
to the professor's office, to a
good business, a good framework with
assets heard throughout
history, to a company like Vale do Rio Doce.
We can also apply
accounting with the same virtue to
Chico Bento's farms,
because if the concepts are sacred
to us accountants now, right? That's
what guides us. But you apply
accounting to Chico Neto. Do
n't we need to be the one who needs
accounting at that level? That's
another question, but it's applicable there. I
say this:
accounting is like medicine;
too much of it can kill a
company, which doesn't need it anymore. The
right dose can be very useful to the
process. So let's see what
an idea of
accounting would be like. Let's leave Chico
Bento's farm. First thing, we have to
look and ask ourselves: what are the
assets? For example, there's a 25-
hectare farm, a house, a VW Beetle, a
cow, a pig, 350
baskets of corn, 200 points in the piggy
bank, a chicken, an armadillo, and
a jaguar. And he lent it
1000. What do you think?
We only have the resources within the
assets. So now I have to
ask some questions. First,
look, Chico Bento, what do you do when you use
these assets? Are there incomes and
expenses? Does it only have costs and
income with the... Selling eggs,
selling vegetables and fruits, and producing milk—
he cut the hell for the little cow and
consumes corn because, well, and cultivates the
land—we have resources that are consumed in a certain
way, and the
patrimonial resources have a longer consumption cycle,
and quickly we have to start
interpretations. I really liked this
statement from the translator at school. The whole
process, when the figure of
the accountant is now in a
situation, it's not enough to just account for things; you have to
interpret them in light of the concepts and judge,
and responsible judgment—you have a
level of social responsibility—is
very good with you, you've been teaching us
for some years now. This is what we have to have
here: the search for a better,
faithful representation of the facts.
Accounting should take the best
picture of the facts. So, the new
accounting, what does it do for us? It
gives us a more approximate position of
wealth. It doesn't say how much a
business is worth, but it gives a position of the
risks that are embedded in the business
and the potential gains generated by the
use, by the cycle of the first ones. You
have a farm, we can just have
land. The accountant has to have,
and for Mr. Chico Bento, saying the
following: are you going to use the land or
are you happy with the land? It's only for
investment purposes because if the land is
used for real estate development, if the land is
for rent or sale, it's only for real estate
exploitation.
So the underlying concept changes.
When I look at the resource, I don't immediately
say it
's not immobilized anymore; it
depends on how the manager will use
the resource. I have a little cow, and I'll
ask Chico Bento exactly what you're saying. He
said you're going to produce [something]
for resale, for
resale, you understand? The cow
isn't really for production; it's for biological asset production.
So you realize that
we need an
interpretive capacity to apply the
concepts. You lent the
money to Zezé, but for how long?
What's the interest rate? Have you
agreed how this will look on the
balance sheet, based on
future value? How will you
appropriate the interest? Because the interest
will be due over time. So
you have an element of competence, right?
Look, let's move on to a chicken. He has
a girl, he's going to consume the chicken.
God forbid, I never have affection for
that animal. As a pet, it
will produce eggs. Oh, so it changes
nature, this is great, thank you. I
have a little bit, you will consume it
too, right? Or yes, it depends on my
whole resource. I need to
formulate a question about the
managers' intentions regarding the resource.
Because depending on the nature of the asset,
it will have a different treatment. You
have 300 tons of corn for consumption or
sale, because that's it. Because if it's for sale, it
's inventory. I have to evaluate if the
value of the inventory is the net value,
or if it's less
than the replacement cost in the market, you have to
adjust for the drop. In
short, you can look at
its production cost, it will be higher, or it
costs fair value, no, but if it's
inventory, you will have to use a
metric to realize that we gave a certain
way, there is a greater challenge. What are the
metrics or the use of the resources? And he
has 200 bucks, the rest is 18 points
in his piggy bank, what can he do with all
this money? Leave it in working capital,
invest it, or return it to creditors?
Depending on its nature, it can generate
financial revenue. We will apply it to the
legal entity in Brazil, it's a paradise of
tax opportunities, right? I take
this money out. I'm returning the information to the
small Chico Bento person from his PJ, which is
cheaper to come from as an investment. If I
leave it, I can actually have the
taxation there by estimate, and then I
have to offer the taxation
again, and I deduct the
original tax depending on the nature of the
investment, right? Were the products
sold for cash or on credit? That's also
important information because... And then we have a
first point of intersection: if you
sold...
Ah, that means you financed...
from within this revenue... You
have two components: you have a
component that is interest, which is
financial gain from financing someone,
and the operating revenue, let's call it that.
What does
revenue mean? Revenue is AB, it's the exchange, right? And
market valuation, professor in the
cavities, is assets validated by the
market. It's the premium you receive in addition to
the cost, or is the premium just the cost? You go
to the market, take the eggs, if someone gives you
a value for them, that's a premium for the
egg, for the course, for the entire journey
in logistics, so risk, and for your
service of selling the egg, right? And then you
receive a revenue, which has two
components: a financial revenue and an
operating revenue, genuinely. Regarding the
activity, the ICMS (Brazilian state sales tax) comes up, but it doesn't exist,
my friend, revenue, revenue 18 per cent. No,
but you're taxing final revenue.
And then it becomes financial. There's no
legal provision for ICMS taxation. You
couldn't turn it off, the following:
I don't know anything about that. It has to do with
the money that's so close. RTF source
12973, go up account here, called revenue,
revenue. You have a bank, you stop like
Casas Bahia separates. Okay, if
you stop taxing reforms, and without fairness, right?
The same thing happens with
consignment. And I leave the eggs on
consignment at my friend's grocery store,
Chico Bento's friend. He's going to tax the
creams, saying no ICMS taxation on
acrylics leaving the establishment. And I
was at the beginning of the
revenue realization. It didn't happen. I didn't receive
for what he returned. The risk, there
was no transfer of benefit.
The risk goes more to whoever received
the eggs. The risk is Chico Bento's. And
why am I taxing? Because it's
also convenient, right? We have to,
everyone did everything on consignment. And
if we look at the past, the
old triple ICMS is... Regarding the sales tax on
goods, let's consider
the history of ICMS (Brazilian state sales tax). We understand the
logic of ICMS when we
go back to 1942-46. Tell me, let's
remember, when the tax was created, the
actual profit and the presumed profit. We have
interesting criteria that still apply
today. So, let's look at the
history of the facts
to understand why... And then we start
to say why ICMS... putting all the
considerations... this was already a tradition, this
tradition is evolving
rapidly, which takes a lot of time.
So, looking at the general plantations, the
object is that he has the revenue from eggs, milk, and
fruits. Fifty percent of sales
are from equipment, it is estimated that there is a loss within the
received ten percent. The quarter has a
calculation to learn the cost. Basically, it's
the corn that he used for production. To
receive an environmental fine for raising
an armadillo, he shouldn't be
raising these animals. And unfortunately, the
auditor, or the
auditor Chico Berto, passed this expense, otherwise he
will be fired because if I let him
deduct the fine, right? For a
breach of the law, I am
reducing the punishability of the offense, right?
He has stock, he has the corn in
stock, but the price of corn has fallen.
Oh, wait a minute, so if it has fallen, in
fact I won't recover the
market price of the book, it's below what I
paid, so I won't recover it
by selling that corn. Is that what I paid for
that corn, or is it? What do I have to
do? I have to reduce that
difference. So, the inventory criterion is one thing, the
fixed asset criterion is another,
the body or the counter-receivables from
customers on credit is another. So,
property can be cost or it can be
value. Ju, you realize the size of the
challenge that we face in being present, not
putting it well. I have the
biological assets, chickens, cows, the
fixed assets, by chance, a VW Beetle, the farm, right? And
evolving, well, to do
Chico Bento's calculation, I only need these
accounting pronouncements. I don't need to
do it anymore, just with history, I
have to look at the revenue, according to
CPC 47, costs and expenses, and the 300, right,
deferred taxes, because I have
intertemporal gains.
Oh, and accounting has a thing that
follows, huh? Look, to complete the
famous billion of deferred assets, but my
God, what? This means that
the concept is missing semantics, it's something that does
n't know what it means, it's an
intertemporal tax allocation. And for
me, I think that's a problem because the lack of
technical knowledge can lead to the
deduction that the company has
accumulated wealth that it will recover, and
sometimes that wealth will never happen,
you know? Because there can be a difference
between what the tax authorities understand about
revenue and expenses, which is a very real
gain-based view, and
accounting, which works with potential gains and
unrealized gains,
so it will recognize
potential and realized gains, it
will recognize realized losses, the
costs realized by the actual
and potential gains, and it will also recognize
the potential future loss in the estimate
of the sale of Chico Berto. So
accounting gives you a reflection.
And since you have a potential loss, you
have an expense in the future, so this
could be within the tax authorities' view, as the tax authorities say,
no, you haven't lost everything,
I can't reduce it,
and when you lose it, you can deduct it, you will
apply 34 percent of the value
recorded in the deferred asset. But it
may be that these gains and
losses are due to the
existence of... From the business, you will have a
piece of that deferred asset when the
business exists, it will occur, and when
that gain, for example, appreciation of
biological assets, that big
scissors, I did, that will give you
another one, put now, that you also didn't
gain a cash, an availability, there's no
smell of availability, I can't, I
said that, the
company's accounting, I'm going to say the following, there's no, I'll
put it now, only when the cash
actually comes, or is realized. And then I'm going to
calculate 34 percent of the large culture
and I'm going to calculate the deferred income tax liability.
Hey, and then, look, we have a billion in
deferred tax assets, which is what I'm
going to recover from what I overpaid
today because I didn't pay, and the
future tax that I failed to pay because it
wasn't recorded today. And then we look at the
statements, we say that it's more
difficult to understand, both for students,
these allocations, because accounting
is at such a level based on
economic concepts that it's bringing
intertemporal elements that will impact equity.
Our list is giving a position
of wealth. Today I'm poor. Today
he was a joke, and when my
children were born, I went there and bought a thousand
reais for each one. From Rio, from a stock
that ended with x, and I don't know, I
took it out of the financial system, opened it, there goes
João and Maria's assets, R$ 2000, and I
never did anything again. Then, when João and
Maria were 4 years old, I went to evaluate the
assets. Well, the shares were worth 3
cents. If I had made the Sommer mark,
one of the shares of that company x from
Indonesia, right, the gold movie, right? I'll take
here, give the movie of that gold mine
that didn't actually exist in Indonesia.
Here it became very interesting. If I
had marked in the first month, the
second month, when I saw that there really
was a problem, getting out of that, selling
those shares, I could have recovered
my problem. Everything is with longing. It
gives you the possibility of measuring
metrics to measure your
assets and it occurs in real time. It's a
closer accounting; it doesn't leave
you waiting four years to say, "Look,
friend, sorry, the only thing I have
to give is a hug." So this is
an important item for us to think about:
biological asset, fixed investment,
liability, because I made a loan,
adjustment to present value, which is the adjustment
of the loan receivable. I'm
finishing, professor, two more slides
here, I'll already indicate fair value.
Realized value. What is the amount of
concepts applied? It's not
because it's Chico Bento's farm that they
aren't applied,
and the important thing is the domain, the beauty
that this advice, the photography that
this concept allows us to see of the
assets, right? Chico's doctor job
generated madness, when Chico
is richer, when is he poorer? These are the
questions we will answer: the
transactions carried out, increase or
decrease Chico Bento's stock. What are
the differences between temporary ones that will
impact Chico's assets?
So, if we look here, we have
the revenue, the profit result. Chico
has 843 reais of profit, can I take it
home? No, because here it's a matter of the
concept of wealth, not a concept of
availability. Oh, and that's the right thing
we're going to work on together, all
this embedded dynamic, right? This set
of accounting advice is
experiencing what it's learning, we're not
learning in the learning process.
This was implemented in its
definitive form 10, I would say 9 years
ago,
and we are studying it from the nose,
which is a militant, it
should be with us, Professor
Quiroga, who has been following this
process of... 2008, right then. We're
learning every day, we're learning about
conflicts, right? So it's a challenge for
everyone here, just the vision of
fiscal assets. And to finish, Lucas's
fiscal account for Chico Bento is 2,600, the
computer 1,600, the variation between the
two, right? In this case, you must understand that these are
inter-temporary differences, that are the
Losses and Gains, the recognition, right?
Where do you sell these differences? He lost the
number 700, he had a loss in the
receipt from Beira da Praia of 207, they
had 20 more in the chicken's gain, 20 in the cow's gain,
and even 650, there is a
difference, there is a definitive impact from the
environmental fine. Professor, basically,
to finish, accounting will
leave a set of questions. An accountant
can't have a video alone, but
within this, we have the following, in
the stage, a very interesting taxonomy
that says the following: the question to ask is the
question to ask here, right, fiscal:
what is the fiscal situation, what does the
law require, the specific regulation on the
legal perspective on this type? Is it
correct what I'm doing,
and is there a correct presentation of
reality by my... there we actually
have the creditors who... Shareholders
should have two stakeholders interested in the
information: a
direct or indirect shareholder, and a
convertible debenture. You just have to
request the economic effect. What is the
effect on the economy of these operations,
this recognition, and on the
shareholders' wealth position? I am
allowing full disclosure of the
steps. What is the effect on the
stakeholders involved? In terms of
quantity, not just the bank (let me call it the
bank), but the third party, right? And here is the
creditor and the shareholder. We have the
employees. The demonstration of
added value. Few countries, public, that
we serve, for whom it was, serves, for
those who like to pay taxes, right, employee, right?
The behavioral aspect, why did
the administrator choose this aspect? It's
not enough to say that they will wear it, that they will
use cost or fair value; they have to
bring it up
and say why they chose it, right? And
about the structural aspect, the
specific rules for each
specific situation, apps. And then I say the following:
the professor who will put it in
his closing. Economic Essence, about
the way we live. Today it doesn't work,
but today we live in a world of
accounting totally based on a
pillar, the Economic division. We have
few items dealing with the
cost perspective. The historical context brings to
mind when we lose
our anchor, when we lose
our reference point, we can get
lost. We've lost the edge of the
pool; we're in the middle of the pool,
in the middle of the sea. When we lose our
historical course, we can lose
our reference point,
and this is also very important.
So we can't throw away the
information. The accountant is always
an anchor; we don't lack all our
decisions, right? Look, it was
all based on an anchor. We use
certain norms, and we
have to look at these things to do
this accounting correctly. And
accounting has a motto, right? Accounting
contracts. It's just the anchors that
accounting will be appropriate
for us today. The
essential element, Professor, thank you. I don't
want to go on any longer; it was just an
illustrative figure because here we
have to put it to you to bring a
debate. I appreciate the opportunity.
Hello, I'm Amauri, and we are the ones who are very
grateful. It's always a great pleasure.
Hello, you said you'd like to
chat with us on WhatsApp. The day,
like, I sent a message saying you were bathing the
children during these difficult times, right?
So it's very good to
talk to you through your...
Knowledge, through its depth, through
its ideas, we exchange a lot of
very interesting ideas, Amauri, and
I like it very much because it makes someone
from law pose, which is very much a
critique, perhaps our area isn't seeing, it
just hovers, it doesn't land, I'm not
with the reality, and other sciences are the ones that
effectively touch a reality, that's why it
's very, very good, always listening, always
talking with you, Amauri. We're going to
move on to the question phase now, and I
wanted to encourage our audience to ask
questions. We already have one
question here, actually two, it's from Macho, right
Macho, you forgive me, we're in
charge, we're up,
the right time, privilege in the organization,
I'm going to ask a question before the
question, what are the two kilos
placed here by March, for our
next direction to our
speakers? I wanted to ask what is
the first opportunity
I have to talk here with
Professor Alexandre Evaristo, right, and also with
the professors of yours, also to talk
with us, right, Professor Amauri, and we
are always exchanging ideas. I
participated in several events here with
Queiroga, and he knows that I research
small businesses, I think that the tax on
small businesses and Navigating this
research of mine, it's spreading to
other branches. Why doesn't anyone study
small business law? Nobody
studies it, so I said, "That's great, right?" I
started helping with this, conditional cheese bread,
and so on, and then I went on, and
I even have a
small business lab class tomorrow, about securing
financing for small businesses. Tomorrow
I'll go there to see if Judith... But anyway, what
point did I want to make? I wanted to ask the
question, as you rightly said,
Alexandre, look, it's the
accountant's contact. He has to interpret, right? It
appears in the numbers, but these numbers
aren't objective like mathematics; they
are the result of an interpretation process.
So it's presented in various numbers, and
we have it in the legislation, in reality, and I even
remember the professor's article
that talks about the fiction of
real profit, right? If it doesn't have to be
in the title, that's what's really real.
So we're going down this path, in a
cruel way, an extremely complex relationship
to determine real profit, in such a way
that the small business owner can't determine
real profit, and what does that mean? What
we see and asked is that the small or
medium-sized business owner pays income tax on what
they do through the simplified tax regime, or they
do it through the presumed profit regime, whereas...
Large companies often accumulate losses, right?
Because of the cost of compliance.
We analyze the legislation, and what's
interesting
is that the transition between tax regimes should
be smooth, where the
main tax obligation remains.
I think this smoothness,
when moving from the simplified tax regime to the
estimated profit regime,
doesn't change much in value. This is
important; there isn't a drastic step to
avoid, in a way that encourages people
to stay in the previous regime,
often not expanding their
activity or maintaining what
they expanded informally.
But it seems like it's not
working,
and is it only because of the cost
of compliance, the cost of compliance
fostered by tax legislation?
The actual profit regime is something
extremely complex and impossible for
small businesses to apply. So they get
used to doing all their
accounting and ancillary obligations,
starting very simply, and then suddenly
they have to jump to the actual profit
or estimated profit regime, which is more
complicated than the simple one. Is it
because the actual profit isn't really real, because
the accounting isn't really real?
Mate,
or perhaps we couldn't have
accounting and tax standards that
assume this revenue versus
expense paradigm, and instead stop sending
estimates, starting with that... that... that... that
place... I forgot
the name of the Monica's Gang character,
Maurinho... imagine
that... Bento, I think that's his
name, Maury, he's the character...
and I... Chico Bento, Chico Bento... today, more
than 15 Bento... reading that bunch of CPC... I
saw a song... CP... his power... stay with him... he
goes crazy... so... isn't there a way, in the
same way, with the
tax obligation, it increases, there's
a scaling until the subject... it's
the possibility of effectively growing
their activity, but there's no
possibility of accounting and
tax legislation, from the point of
view of the class, also being
gradual? That's the question I posed.
Thank you very much for being here, I
greatly appreciate your participation,
thank you very much,
Guilherme. I'm the one who thanks you for the
invitation, the question is very interesting.
Indeed, Professor Sueli brings up the myth
of real profit, right? Exactly to
raise this question that, however much the
real profit... It's called "real profit," but it's
not real at all. It's a
calculation methodology like any
other, even though it starts with
profit.
I have a comparison between revenues and
expenses; it's not a true profit.
And in the presentation I gave, I
also emphasized that there's no such thing as a
true profit. The thing
we try to get closer to is
a faithful representation, but we'll
never achieve it. And then I even use a
phrase that professors of faith also
like to use, and let's openly say they
should follow it: it's better to be
approximately right than exactly
wrong. Do you want to take a bit of the idea of new
accounting? Old accounting had
quite objective criteria, but you
were exactly wrong. Today there's
more subjectivity. So you'll be
approximately right to the extent
possible, obviously. This point you
brought up, all small businesses, is very
interesting because in fact there isn't a
bypass valve, a
gradual path. So this phenomenon is created that
we even call Peter
Pan syndrome, right?
The company doesn't want to grow because it will
have much more costly taxation and
may even lead to informality,
etc., as you said. In fact,
accounting in Brazil is like that, and it's a
joke. Which is the country that spends the most
hours filling out
ancillary obligations and
instrumental duties? So we have
very high compliance costs, and the
new accounting also has many criteria that
are often not objective, and with
that comes costs. There's a
premise in the basic conceptual framework
that always says that the cost
of having higher
quality information is what matters. You always have to look at the
cost-benefit ratio; if the benefit generated
is less than the cost, it's not worth
doing.
So there's this premise that's
primarily in our accounting, let's see,
and besides that, we also have a
specific accounting standard for
small and medium-sized enterprises, so there's
IFRS PM, which is the CPCPM here, which
is currently under review. It's
in public hearings, it's under
review for anyone interested, and in
fact, it tries to simplify the standards as much as
possible. So it says, look at the
fair value. Only use it when you're in an
active market where you have an
easier time if the cost is too high, so
you can get this measurement basis,
maintain the historical course. So there is,
in a way, a
transitional accounting standard, but the concept of...
PM, whoever is doing the accounting, is
totally different from the concept
we have. A simple one, you know, we
have micro-enterprises and
small businesses that go up to 4
million and eight hundred thousand. The CPC PM is
and does not qualify as a
large company. A large company is defined as one that
invoices more than 300 million per year and
has assets of 240 million. You've already
finished, it goes up to that amount, which is
gigantic, right? But even so, there are
quite interesting
accounting articles that show that although
the CPCPM (Brazilian Accounting Standards Committee) had its initial adoption in
2010, very few companies will adopt it because
in practice there are several problems in the
program. Even
accounting firms
are often not prepared; the computer
learned according to the
old standards, not that this update is necessary. It's
also part of Brazilian culture that
sometimes sees the computer as an
obstacle or a mere filler of
ancillary obligations when in fact
the computer has a very
strategic role, right? Because you can't
manage a company without having a basic understanding
of its results and its balance sheet.
So, commutability
has this issue that it needs to be
valued, and that's partly due to the
computers themselves, which have a
much more important role in the
North American and English markets. But in
fact, there are the costs of implementing FS (Financial Services) and
many courses that are implicit even in the
CPCPM. The education courses,
etc., it's hot, it's not ready
yet, but on the other hand, there's that
issue: we have to wait
to implement an international accounting standard
until we're
prepared, this one will never be
ready, it's like a child, right? Are you
ready? So there's the issue of it being
an international movement of
internationalization, convergence. In the
last decade, it had to be pushed,
we had to do it by force, and we have to get used to it.
Obviously, it will go through
a process, a
cultural dance, I think that's the
main point. It is, in fact, a
cost to buy, this high, even having
CPCPM, and to overcome
this challenge, we will need
cultural changes that will involve
not only accountants, consultants,
businesspeople, but also legal professionals to solve it.
Thank you very much, and I hope that it is up to you,
you know that we have
our Master's student in the audience,
the companions who are researching this
about real profit comparing it with the
legislation of Portugal, I also have
hibiscus, which I put here.
Thiago doesn't
participate here sometimes, he's with us too,
thank you very much. I'm going to ask
Marcio Mix Sushi's question now, I think. What
is this, right? Big hug, two bubbles at once,
those are related to
accounting, seeking
international harmonization, in the search for a standard,
what is the expectation for
international tax harmonization?
Hi, and he continues with another question: in the
context of a globalized world and
digital economy, in the near future,
can we think about
global tax legislation here at the top, in the
digital economy? I wanted to remind you that this
was the theme of our seminar, of our
last webinar, which fit quite well
there, which you
gave me, but it was done here, right? Comparing the
issue of globalization in accounting,
he said, would there be a possibility of
tax globalization? I don't know if
our dear friend, I am Quiroga, could you
touch on this subject a little? Yes, I
can, Guilherme, I can. I
think, well, I think, utopian, imagine an
international tax harmonization, okay? I think the most
we will achieve are these
harmonization mechanisms that came with
IFRS, and with all the defects that
I mentioned, they were
introduced, right? So, with all the
problems, right? As I said, this whole
international accounting system
came to Brazil, even though its origin is
countries that tax the so-called
balance sheet. Consolidated when in reality
we transport individually, which
already creates some imperfections,
so I think it's very difficult in practice to
achieve an
international accounting organization. I think it's utopian, really. To
be quite objective
in my answer, I think we'll never
reach that point; it's just an idea, an
ideal thing. I think we'll
never achieve the objectives. I
think we can reach them at most through
these
standardization methods, as is the case that we
adopted, but always respecting the
sovereignty of each state. Of course,
this can still occur in economic blocs. Let's
imagine I'm in the
European Economic Union. Of course, I can
have an economic bloc standard. But
outside of that, I really don't see that
possibility.
I'll call Mr. Quiroga, the pressure is on,
Amauri, and I'll pass on your
question, okay? It's from Caio
Vieira: in the absence of
specific regulations, do accounting methods and criteria
help or hinder the correct
qualification of
hybrid financial instruments for tax purposes?
And nothing, in fact, we are the taxation... I
'll cite here the work of Jorge
Vieira, our friend, a scholar of
accounting, who works on the figure of
hybrid financial instruments. It doesn't use... it's not... it's
not something peculiar, it's not
something so recurrent either, right? For us to have a
volume of this type of operation,
that's not the cost of this type of
operation, basically, a reserved area...
let's be much more honest, but it
limits more or less, my friend, companies in
Brazil, and I wanted the capacity to invest in a hybrid
nature title, right? The
first difficulty exists on top of the
complexity in the very mind of the duration of this
type because they have a reason to have a...
they have a decision, right? Not
made, because in their... in their curve, they
can decide to redeem the equity value,
right? To become a shareholder, and in a certain
way, we will have to, in a certain way,
seek some technical support in the law, right?
For the valuation of
potential capital gains, right? Because today, in the
issuance of debentures, even when we start, you already
have this... you already have a
tax treatment, but it's a hybrid nature title
that, my friend, isn't
very concerned with the issue of
taxes, right? I think that taxes, in
fact, we are talking about those
courses on income, right? I think that's what
accounting is concerned with
taking a snapshot, and the criteria
are adjusted, but I like to use
a non-pejorative way, but... So, the
quantity is there, photographing and
taking the best picture of this
investment, this debt, this type of
debt. A guy who was patrimonial,
if this portion of "Ciganinha"
realized in its conversion, this large amount is the
same thing as options. A company that
has an offer
for its executives and doesn't have shares on the
stock exchange, right? And it can use a
virtual parameter, right? And at this moment, the
tax authorities themselves are having some
difficulty in dealing with options.
So I see it as a challenge, a
challenge for the tax authorities themselves, but in the adoption
of international standards it became quite
clear, right? And every innovation that
accounting implements in its
accounting pronouncements, at first,
falls under the regime of
neutrality until you come and
standardize, for example, the figure of the
goodwill of the tax office 12973 with its sub-
accounts. You can account for it, but
you will have to show the effect so that it
doesn't go up in the account, right? So I would
say to you that the tax authorities will
always be one step behind accounting, right?
Accounting is trying
to reflect the ingenuity of
the company's financial instruments,
new forms of business,
virtual currencies. Before we... So, let's go to...
Regarding the taxation of
virtual currencies, the same thing happens with money, we've
lost our bearings, we've lost the anchor,
right? The previous question was quite
interesting, you addressed
this very well because we can't
simplify it. And I'm not
going to take this opportunity, but we can't
simplify
Brazilian legislation, right? So I see that one
thing, then, simply put,
presumed profit and actual profit, is difficult. Because
unfortunately, I challenge
anyone in the audience to tell me what
the ancillary obligations are that
a company performs daily in the
presumed profit regime. I also ask
someone here to calculate, for example, the
amount of ice cream leaving São
Paulo and being sent to Mato Grosso, which
shows the complexity of our situation until we
migrate to a simplified model.
Ah, and I'm also a bit of a
topic because I'm speaking a little from
my perspective as a professor. I look, for
example, at accounting, which suffers today from the
devaluation of the profession,
firstly because we haven't invested in the
capital market. We've invested in
savings, leaving 800 million in the
market that we present to
ourselves. I wanted information from the company that
breaks the symmetry, it's accounting, it's the
accountant, he's seen with that money
that orders something to be erased, never to send something
to,
and we naturally create an aversion to
that contact. So this transmission, for
example, of the look, but people do it in the
simplified tax system, it's simple to put a guide, I challenge
you to calculate for a company that
has three activities, two of services,
right? Four and one of commerce, calculate
for me here now, it invoices 100,000, that's what
you need, we can't
look at the tax and say how much I
owe later because, because we made an
option, unfortunately sadly, in Brazil, it's
Tex Tex, a little bit, it's visible,
as they say in law, I believe there
must be more or less, Sarah, we didn't,
we opted for simplicity, right? So it's
difficult to make the transition because we
are crushed, waking up in the middle of the night
with ancillary obligations,
the SPED Fiscal, SPED Contábil, SPED
Contribuições Social, and Financial, Administration
and Accounting, 35% of the time of
an average company is spent doing obligations. In
other words, I must tell you, no
problem for them, I don't want to elaborate on
this aspect, I think that's it.
Accounting, if it's beautiful, is useful, which is what [the author]
put very well, right? It
allows us to look at things from this perspective. So, there are no
good deals without good
accounting, no matter how small a company is.
A company that invoices 30 million
reais and mentioned presumed profit, but I remember,
excuse me, it's 100% of the
product that is imported, or a company, for
example, that I know, family, was 100% of
its product imported,
please, 30 minutes ago.
And then I say the following: what about the effect of the
Euro exchange rate variation causing
too much erosion? How do I pass on the
exchange rate variation to a company under the
presumed profit regime? The market exception, the father, is it
easy? How do I do a head, a pants, a
swap? It's very nice to talk to a
small company that's borrowing from the bank, the
bank doesn't know how to do the chicken.
And that's what you can get to the certainty
that I don't think... I think the
following: the criteria will
improve as the demands will
reach accounting. I think it worked, going back to the
tax authorities, there are many good people,
many competent people working on this,
but I think it doesn't go beyond
many issues, issues related to
agile and its related to
business combinations, issues of options,
financial instruments, there are... A
normative instruction from 2015, right? And it tries
in a certain way, without systematizing this,
so I would look at this... I don't have an
answer for you to look at it, just
get the professor...
and I thank you, but sell it to your
Amauri. By the way, Tiago, who I'm not,
wasn't sending it via WhatsApp, I'm not
Amauri, okay? Calm down, after you
need me, Amauri, to exchange a lot more
ideas, right? Great, the
next question is from Charles, right?
I said Caio, Charles Cioffi. I
think I'll do it for you,
Alexandre, how to get how many
changes in accounting,
constant changes in CPC 61 tax law,
we can live with so many adjustments in the
moon, the growing legal uncertainty,
and this is a very interesting question. Because
in fact we have had many changes
in recent years, there's CPC 47 on revenue, 48
instruments were born, 06 R2 on
leasing. So what was the
decision of our legislator there with
12973? It was for neutrality if there is a
change of criteria with W resulting from
this new accounting standard. So it will be
neutrality, consequently in
New adjustments.
Hi, and that's an interesting question.
The number of adjustments
today is so large that a team from the
Federal Revenue Service, headed by Cláudia
Pimentel, conducted surveys and found that
if you take a company, there
are over 300 possible
adjustments. And then they're proposing a
new real profit method, precisely to
try and move away from this new
accounting system. They're proposing the
creation of a fiscal income statement.
So this is a problem that's
bothering a lot of people, Charles. And then there's
a possible proposal to
change our real profit criteria
with this new real profit method, which will be
based on a fiscal income statement. It's almost like
having a new accounting system,
although it's accounting
this month, you have a statement next to
the income statement,
a
fiscal income statement,
and there are pros and cons. It's a topic that was being
discussed a lot in the past. Cláudia
took this issue to several forums,
but there's still no bill in place.
But with the
pandemic and the somewhat broader reform,
this... The subject ended up
being put on hold a little this year, although
I imagine they are working on it,
but it shows concern about these
accounting changes, right? Because they can
generate this environment of insecurity
given the quantity and number
of adjustments. I think that's
point B. Professor Guilherme,
thank you very much for your Alexandre, you
took it now, and I'm going to pass the next one
to Your Excellency. It's from Douglas, right?
Douglas Dias, it's interesting from an
interdisciplinary perspective and to expand the
reasoning and methodologies of
accounting law, right? Managing to speak accounting law,
if so, in what way? Well,
I'm a fan of
interdisciplinarity. I think that
nowadays it's very difficult to have
full knowledge if you
only worry about understanding the phenomenon
within one science. The fact that I'm a fan
of interdisciplinarity doesn't mean
that I understand that you can mix
things, that is, the
scientific knowledge of one thing is from one area,
you can't mix it with the
scientific knowledge of another, but
you can nourish yourself with this
knowledge from other areas, in the case of what is
called accounting law,
why has it been called that
way? Because since Law 6.404 of
Credit 1598, several Accounting standards
or accounting procedures,
accounting processes, have become legal norms and
consequently have been codified. That's
why we talk about
resistance to accounting law,
and this expression is also heavily
criticized, because it's true that
we start separating everything into boxes
and wanting to study everything as miniatures of
law when in fact law is one thing;
it must be analyzed
systemically and therefore broadly. But just
as a methodological study, in the study of the
idea of having a
didactic knowledge of practice, it can be
interesting to do this study,
right? And I think this
interdisciplinarity that we are
talking about is important precisely so that
you seek, in other sciences,
knowledge that you don't have in the
same one that you are eventually
developing in your work. Now, I don't
think that accounting law will
become a discipline of its own,
didactic autonomy, simply
a way of speaking that has become very
fashionable,
but it's not necessarily
something that will become effective. The
important thing is to know that there are
accounting standards and
accounting procedures that have been codified and have
become legal norms, which is why
they are important and should be
analyzed by... "So, lawyer, in this way
I'm going to call your canoe, it's coming to be born.
We're getting a little bit closer to
the end of our event, trying to stay
within our two-hour schedule, and I
apologize to those I haven't been able to
answer. There are many questions that
appear, very interesting, right? And in such a
way that there are several
interesting ones here. I already mentioned that water in the very
same, you see, Tiago, our
student sent several questions here. Ah, I... I'm
going to pick one here. I don't know if
Alexandre or Amauri would donate a little...
I confess here, in Cruzeiro, ignorance
about his question. Okay, I'll formulate
the question like this: Could someone please
elaborate on the role of FASB (
forget 52) and its adoption as an
international standard?
Amauri or Alexandre would be the jack-of
-all-trades,
and they don't do it today with... I guarantee...
tractorbenz... this subject, right? In
fact, you have two
international institutions, right? One that, in a
way, is more pioneering because of the
crisis of 1930, right? So, in a certain
way, it organized itself in the organization of
accounting standards, right? Because there was a
booming capitalism, right? It's a little bocetinha." It does
n't mean that the rest of the world did
n't also practice the back part of the
South American system, and it also had
an important cultural aspect, which the
private sector itself created, right? It was the
system for allocating resources, they
built the infrastructure, and they
started from this idea that people
had to finance, right? The companies, and in a certain way,
I needed to report the
information that the companies... And then
it developed at a certain
speed, right? Over time, it has a
very interesting history, right? Yasmin,
actually, they...
the Iain of 1970, which basically was
when the European Community, with
the rest of the world, created the
organization that is Yasmin, right? It gave a
certain way against the table of ideas
from each one, type of skill, right? Its
accounting based on the model is very
strong, Italian normative, very much
that following figure, and the
American building an accounting
with intuition, more market, more
empiricism, teaches this institution, it
asked for a certain strength, and today it
has a process of convergence, right? If I'm
not mistaken, can you help me
remember some pronouncements, if I'm not
mistaken, pronouncements of revenue, and I
have a name, I don't remember now, you have to...
Two or three forces are starting
today, there's a moment of convergence
now, but there's also this dispute, right? The
American market is 100
percent PVC when you look at the criteria of the
Empire, my uncle, for example, the American
sect, some things, right? The
Euro-American doesn't accept it, the European
accepts it, the European is an asset valuation,
the American thumbs down and gets out of that, it can
manipulate the result.
And Brazil doesn't accept it because,
understanding, there's a kind of break, so
when I report, you'll see
that there are some differences and some I wouldn't
say, right? These
international organizations will conduct themselves well, and
today I would say to you that there is a lot of
similarity. I think it will answer
complementary questions. I'm
speaking very briefly here
because Professor Maria's comments
were excellent, right? But I think the
main point is that Fábio played a
very important role, as
Professor Amauri highlighted. He
had a role in disseminating information and
reducing information asymmetry in the
largest capital market there, and
especially after the creation of their CVM (Securities and Exchange Commission),
which was right after the
1929 crisis, but it's an accounting system that it
became. Very strict, right? So she even
went over the accounting standards, which were
quite lengthy, and consequently,
when you create rules, you create
potential problems. The possibility of you circumventing
those rules, following those
rules, and not necessarily expressing them
in the best economic way, is where
some problems arose, which were
the accounting scandals. The law from the beginning of
this century
and IFRS accounting, which is already more
principled and already had this idea of
being a more international standard, even though its
source is English accounting, right?
But it had the idea of being
more internationalized, it's more
principled, with
shorter standards that create more subjectivity. The person
responsible is the preparer of the
financial statements, and it ended up gaining ground
with the accounting scandals, and then it
was adopted by the European Union, etc.,
so it gained strength by being adopted
in several countries at once. So
these are points that were very positive
for, how to say, the IASB to win
this battle, and this battle was
won when the American body
began to admit that
foreign companies—which, you understand, are republics—
and IFRS, which is what
Brazilian companies do, for example, have
shares there.
Well, in recent years there has been this
rapprochement, Professor Amauri
said, "It's a flirtation, right?" I
produced accounting standards, the
standard itself. Regarding revenue accounting,
IFRS 15 shows a standard with
many details, a new and significant one. It
was one of the areas that originated from
this flirtation, but in the end, it ended up
distancing itself again, and it ended up
just being a tree. But this
relationship ended up prevailing over
some standards that were produced throughout
this decade. So this
rapprochement is welcome, right? Because it's
an important body, a phase with its
historical importance, even though it
has this more rule-oriented character and with
larger standards. I think that's
basically it.
Thank you very much. My name is
Evaristo. As I said, we're almost at
our scheduled time. I'll
pass the word to our
audience once again. Our enormous audience, and it
's very participatory. We thank
those whose videos I couldn't include
here, the questions from our
speakers, it was great to be here with
you. I'll pass the word to our
dear friend and colleague, Dr.
Alexandre, leaving Naoki
Nishioka to do
his work. Thank you very much,
Professor. Actually,
we should congratulate the
audience here. We've been with you all this time because of the
quality of the questions that have been asked.
I offer this thanks on
behalf of the doctor, who was a
long-time advisor to the
National Financial System Resources Council and holds a Master's and Doctorate from
our University of São Paulo.
Interestingly, he was a
classmate of my father's at Largo
São Francisco, USP, in
1970. Many thanks to the audience, especially the speakers,
and also to
the monthly speakers,
Professor Guilherme, for his didactic approach and the
profound insights he gave. Beyond that, he delivered
three lectures,
and how did they all interconnect? And
what's even better, they were all combined in
no way beforehand. So,
congratulations on the quality of your words,
Professor Alexandre Evaristo Pinto,
Professor Roberto Quiroga Mosquera, and
Professor Amaury José Rezende.
I return the floor to
Professor [Name], and to conclude,
our heartfelt thanks to everyone
in the world. Guilherme,
once again,
thank you all. We'll meet again here in about
15 days, probably regarding the
taxation of cooperatives. Right, by the
orishas, another table, the speaker of the
status that we have seen here,
thank you very much to everyone.
Andthen...
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