Full Transcript

·YouTLDR

Direito Tributário e Contabilidade

2:03:52EnglishTranscribed Jul 23, 2026
0:00

Okay, so now we have our

0:03

first meeting, right, Alexandre? And

0:06

several other things... very good. I really wanted to... the

0:08

other day in my

0:11

library I found one of your

0:12

accounting books that must be about twenty

0:14

years old, for competitive exams. When do I

0:17

have it in your library? That

0:23

reminds me of a time

0:26

I was at a ceremony, at an event,

0:28

because there at São Francisco's main hall... I

0:30

think I was with Jonathan, Jonathan

0:33

Vida, and he said, "You have a book of yours

0:36

in my library." I asked, "Any?" and

0:38

he said, "Customs Legislation,

0:40

Commentary." I said, "Oh my God, you have one for

0:43

the first time!" I wrote it, and I was 24 years old

0:46

and I hadn't even finished college

0:48

yet, right?

0:50

And it was a book you paid me to

0:52

write in the prep course that I did very

0:54

well on the exam. You don't have

0:56

any of those books, do you want to write them?" I

0:59

said, "Let's pay you how much." I didn't know I was going to get paid in

1:00

advance, but you do

1:03

n't know, I asked

1:05

him to pay me because I needed it. For 900, that's

1:07

our tuda for me, and then I went there and

1:09

wrote the book. It's not even... just... just...

1:11

commentary... I don't

1:12

have a copy, just... To give you an

1:14

idea, I don't have it... it's my wife, you

1:16

already talked to her about the purchase on Estante

1:18

Virtual, right? I'm a bit of a dilemma when it comes to

1:21

buying things online, I mean, at

1:22

24 years old, but then I went to look, I went to

1:26

look at the book, right? I searched

1:28

the internet, my name is the title of the book, I

1:30

found a draft law in my book, I

1:32

found a specialization course in

1:35

Customs Law, citing my dear

1:37

friend, I said, "Oh my God, what a danger!" And the

1:40

same thing is dangerous with this type of

1:42

accounting, which is just a matter of taking

1:45

courses. Very good, but she was here in this

1:49

informal chat. But let's begin,

1:50

we're here live, right? I always

1:52

start a little earlier so that

1:54

our viewers can thank

1:56

everyone for their presence,

1:58

as always, our events

2:02

are already gaining a lot of traction.

2:04

It's very interesting, the public

2:06

is very happy, especially with the

2:08

evaluation that the public has given

2:10

us, right? Our students, our friends,

2:12

our colleagues, those we have

2:14

also met through our network, right?

2:16

I wanted to thank the presence of

2:21

our esteemed speakers, friends,

2:24

excellent professors, Mr.

2:28

Amauri, Professor Quiroga, Mr. Alexandre.

2:31

We're going to do the

2:34

presentation here, which was in a... So, a little bit,

2:36

very happy to have

2:37

you all here. I want to thank Gabriel and Tacna,

2:41

who, as always, will be doing our

2:42

background. She will be addressing the

2:44

attendees so we can issue

2:45

certificates. By the way, once again, this is for

2:48

informational purposes:

2:50

the lecture, lasting an hour and a half,

2:52

entitles you to a certificate of attendance.

2:53

So, if you have

2:56

n't registered yet, please use the links

2:58

and register

3:00

according to the instructions to

3:02

obtain the certificate. Gabriel

3:04

will help us. News: Gabriel, our

3:07

undergraduate student, is finishing his undergraduate studies now,

3:10

and above all, our

3:13

scientific initiation student in the city, taking his

3:15

first steps in research. Gabriel,

3:18

thank you very much for being here.

3:20

We'll meet again soon.

3:21

And finally, a big thank you,

3:26

as always, to my dear friend, colleague, and

3:29

companion Alexandre Naoki Nishioka. He

3:32

is a great companion here, sharing the chair of

3:35

tax law at our beloved

3:39

Faculty of Law of Ribeirão Preto in

3:41

São Paulo. We've been together for a long time,

3:44

walking

3:47

together, pushing the piano together,

3:50

everything together.

3:52

Thank you very much, Your Excellency, to whom I now give

3:55

the floor. I would like to

3:58

begin the proceedings. Thank you very much,

4:01

and thank you, Professor Guilherme. Adolfo

4:05

dos Santos Mendes, as Professor

4:08

Alexandre was saying a little while ago,

4:10

Professor Guilherme Mendes was for a long

4:12

time an advisor to CARF (Administrative Council of Tax Appeals), an

4:15

auditor for the Brazilian Federal Revenue Service, and

4:17

for a long time also a Professor Doctor

4:20

at our law school in Ribeirão

4:22

Preto, University of São Paulo, a

4:24

great personal friend of mine, a

4:27

family friend. I thank him for all this time we've

4:32

worked together a lot, so good evening to

4:35

everyone. Thank you very much,

4:40

Professor Alexandre Pinto, who is

4:44

also a recent PhD, in addition to being a professor, right? He

4:47

gave Lula's national 18 votes.

4:50

Now he is an advisor to CARF, he is an

4:56

advisor to the Municipal

4:58

Tax Council here in São Paulo,

5:01

a specialist, master and doctor in

5:04

law from the University of São Paulo, and

5:07

besides being a lawyer, he is an accountant. To speak

5:10

on the subject, professor at FIPECAF (Federation of Industries of the State of São Paulo) and

5:15

there, we have here a

5:18

person who is not very appropriate to have

5:21

here also Professor Amaury José

5:23

Rezende, already our professor of faith here

5:26

in Ribeirão Preto, he is a Master Doctor

5:29

and associate professor in Controllership and

5:31

Accounting from the University of São

5:33

Paulo. He did postdoctoral studies in

5:36

Germany at the University of Giessen, under the

5:40

guidance of Bibi, and our longtime friend,

5:45

with whom we have

5:46

participated in events, master's thesis defenses,

5:49

and so on. We also have

5:53

Professor Roberto Quiroga Mosquera, who

5:55

is a longtime friend, in

6:00

fact, he was

6:01

in Professor Tyrogue's office in

6:04

1991. He won't remember when he was a

6:07

professor at FGV and I was,

6:11

in fact, an intern at the Crédit

6:14

Commercial de France bank in 1992. The professor,

6:17

despite being an acquaintance,

6:18

was also an excellent

6:21

lawyer on the

6:23

National Financial System Appeals Board, with whom

6:26

we met around

6:28

1990, 1967, and to see how

6:35

we are, I personally am about her. She

6:38

is a Professor Doctor of

6:39

Tax Law at USP and at the

6:42

FGV Law School, and currently a managing partner at

6:44

Mattos Filho Veiga Filho Marrey

6:46

Junior e Quiroga Advogados. So, I

6:49

thank everyone, Professor Amauri,

6:52

Professor Alexandre, Professor Roberto

6:54

Quiroga, and immediately I pass the word to

6:58

Professor [Name]. Alexandre Evaristo Pinto, right?

7:01

Alexandre is discovering Professor

7:04

Roberto Quiroga and Professor Amaury

7:07

José Rezende, uncertain, closing the

7:10

lectures, and Professor Guilherme

7:12

will then coordinate the debates.

7:14

Thank you very much, Alexandre, the floor is yours.

7:18

Hi, good evening everyone. First of all,

7:22

I would like to thank Professors

7:23

Alexandre Joca and Guilherme for the

7:26

invitation. They are professors whom I greatly

7:28

admire, and both, coincidentally, had

7:31

an outstanding performance at CARF.

7:33

So, before starting the

7:36

lecture, I would like to comment that I always

7:37

use the votes as parameters, so I am

7:40

very grateful for the invitation. The invitation

7:43

became even more special because of the

7:44

company we have here. Professor

7:47

Roberto Quiroga is a professor whom I

7:50

greatly admire; I was his monitor, I was his student, he

7:52

participated in my

7:54

doctoral examination board, so I am very happy to see him again.

7:56

And Professor Maria Almeida

7:58

Rezende, who does a

8:00

wonderful job with regard to

8:01

tax accounting, is also

8:04

in my network of contacts, and

8:05

we are always exchanging articles. So I am very

8:07

happy to have the company of both of them

8:10

for this very cool debate. Professor

8:14

Guilherme, I brought... Here's a brief

8:15

presentation,

8:17

and I'll put it on sharescreen

8:19

while you wait, it'll

8:23

only be a minute,

8:26

it'll never work. Okay, okay,

8:32

that

8:34

's perfect, everyone. I imagine

8:38

you're watching my presentation now, right?

8:42

Basically, we're going to talk about the

8:44

relationship between tax law and accounting today on Energy.

8:49

I'll be presenting it very briefly so we

8:51

have more time for

8:53

discussion, but the first

8:55

important point when I talk about

8:57

accounting is that it

9:00

attempts to capture a

9:04

series of economic transactions

9:06

carried out by an entity, resulting in

9:09

a final product: the

9:10

financial statements.

9:12

If you're already familiar with accounting, it tries, as far as

9:15

possible, to

9:17

faithfully represent these

9:19

economic transactions so that this

9:22

information can be passed on to its respective

9:24

users. Here I'll just present our current

9:28

basic conceptual framework of

9:29

accounting, our so-called CPC-00, which is

9:33

the acronym. What is the objective of

9:35

accounting? I've underlined the

9:38

main points here, but basically it's to

9:40

provide financial information about an

9:42

entity so that this information is

9:44

useful in decision-making. We have

9:46

users, so in short,

9:49

accounting seeks to

9:51

provide this information about the

9:54

financial, economic, and patrimonial nature of

9:56

an entity. certain users

9:59

is the big one. This is what I like to joke about,

10:02

which is why I bring this comic strip

10:04

here, showing those transactions so that they can be

10:07

entered into the accounting.

10:10

This is an act performed by a

10:12

human being, so there's an act of

10:13

interpreting these transactions so that they are

10:17

effectively

10:19

translated into accounting. I

10:22

always like to bring this slide here

10:24

because accounting often

10:27

expresses itself in monetary terms, but it gives the

10:29

impression of being

10:33

exact. By showing that there's an

10:37

interpretive work done by

10:39

a human being, in this case the

10:41

preparer of the financial statements,

10:43

we necessarily show a

10:46

subjective analysis to a greater or lesser degree,

10:48

demonstrating that accounting is

10:51

part of the group of applied social sciences.

10:54

And I really like to say that in

10:57

this interpretation stage, there's a

10:59

division of the accounting process,

11:02

understood as a process with

11:04

at least three stages.

11:07

We see this quite a bit in the doctrine of

11:09

Professor Elizeu Martins, Professor

11:11

Alexandro, and also in the

11:13

doctrine of Professor Quiroga, which

11:14

is a very interesting article on

11:16

accounting law in the first edition of "

11:18

Legal-Accounting Controversies."

11:21

The accounting process will essentially start

11:23

from these three stages, right? The first

11:26

stage is recognition, identifying whether

11:28

those economic transactions meet

11:31

the

11:32

accounting recognition criteria

11:34

stipulated in the accounting standards. The second

11:37

step is the measurement stage, in which

11:39

we will quantify that

11:42

economic transaction to be measured. Ideally, we

11:44

will recognize it for what value.

11:46

This is one of the answers

11:49

we seek in this

11:51

measurement stage. And finally, we also have

11:53

the evidence stage.

11:54

The bridge will demonstrate to external users

11:57

of accounting those economic transactions.

12:05

And taking advantage of

12:08

Professor Guilherme Mendes's perspective, who was

12:11

advised by Professor Paulo de Barros

12:12

Carvalho, we always like to

12:15

study the semiotics of

12:17

communication. Accounting

12:20

can also be understood as a

12:22

communicational phenomenon, that is, there is

12:26

a sender, who will be the preparer

12:29

of the accounting statement, wanting to

12:31

convey the message about the

12:33

economic transactions of that entity. The

12:36

message will be given through the

12:38

financial statements. The

12:40

financial statements will

12:42

use a code, which are the

12:44

accounting standards in force in that country, and the

12:48

receiver will look at that message,

12:51

understanding the... The code, which are the

12:53

current accounting standards, also involves an act

12:55

of interpretation and analysis so

12:57

that one can make the necessary

12:59

decisions.

13:01

Here's an example I really

13:03

like from our

13:05

accounting theory: Banner, a

13:10

German company. It was one of the first

13:13

German companies to issue its DRIs on the American stock exchange,

13:16

and because of that,

13:19

in 1993, it had to present

13:22

its financial statements in

13:25

American accounting terminology.

13:27

And look at the

13:30

curious situation that occurred: the

13:33

1993 financial statements,

13:35

according to the German accounting standard,

13:38

reflected a profit of 615 million

13:41

German Marks (the currency of the time),

13:44

the same economic reality. But

13:47

using another code, the

13:49

code of American accounting standards, it

13:50

equated to a

13:53

loss of 1.8 billion

13:55

German Marks. So we see this

13:58

difference in accounting standards generating

14:01

some glaring distortions, even though it

14:03

was the same economic reality, it was being

14:05

translated with

14:08

totally different amounts: a millionaire profit,

14:10

another a billionaire loss. That's where

14:14

this whole movement of

14:15

international convergence of

14:18

accounting standards comes from, this need... The

14:20

standardization of accounting codes, so

14:22

that everyone has to speak the same

14:24

language, has been a concern for some

14:28

time now, since the rise of

14:31

multinational corporations. For example,

14:33

here in Brazil, companies had to

14:35

do their accounting according

14:38

to Brazilian standards and often

14:39

report according to the standards

14:42

of their parent company.

14:44

Then, in the 1960s, the

14:47

United Nations created a

14:49

group for accounting convergence. But

14:52

obviously, with the globalization

14:55

of markets and the advancement of telecommunications and

14:58

computerization, from the

15:01

1980s and 90s onwards, investors demanded more

15:05

comparability.

15:08

In the 1970s, what is now known as

15:11

the current standard was created. At the time, it was

15:14

a commit, so it was based on

15:16

local internet and sensors. Today, it's on-board, which

15:19

had these standards with an

15:22

international scope. Prior to these 8

15:24

and FSX,

15:27

what happened here until the beginning of the

15:32

1990s, we still had

15:35

the North American standard reigning

15:40

supreme in other

15:42

countries. Computers even sought

15:44

specialization in the standard. The Brazilian Supreme Court (STF), but

15:48

some accounting scandals that

15:49

occurred at the beginning of this century

15:51

at grow.com, among others, led to a

15:56

rethinking of the IFRS standard, based on the

15:59

logical principles of its

16:02

standard, and the Resgate (accounting standard), which may have dictated

16:04

some of these scandals. So, this was

16:07

a moment when IFRS won,

16:09

let's see, the dispute regarding

16:11

Resgate in terms of importance. Well, the

16:15

need for this

16:17

convergence, right? In Brazil, I'll

16:21

talk a little bit quickly,

16:23

but it arose with Law 11638, the creation

16:26

of the CPC (Accounting Pronouncements Committee) in 2005, and the issuance of

16:29

accounting standards by the CPC. What is the

16:33

result of that work in

16:35

preparing the financial statements? They are

16:37

the financial statements, and

16:39

I'll just list the

16:42

financial statements we have in

16:43

the CSA law, in article 176. We

16:47

have the balance sheet, the income statement, the statement of

16:50

changes in equity, the

16:52

cash flow statement, and the

16:55

statement of added value, which

16:57

is only for publicly traded companies. The

17:00

explanatory notes also play a very

17:01

relevant role in informing in a

17:04

more detailed way about the

17:06

previous statements and also some sectors,

17:09

obviously, publicly traded companies.

17:12

Regulated sectors may have some other

17:13

demonstration, and it is

17:15

on the part of their regulatory body, such as a

17:18

reference formula, for example,

17:20

in the case of publicly traded companies.

17:23

And who are the users of

17:25

accounting information who will interpret it? We

17:28

have the most diverse possible.

17:29

Obviously, the most relevant,

17:32

thinking about the developed capital market,

17:34

are the investors, but we

17:37

also have the creditors when they will

17:40

verify the statements for

17:42

granting credit, the

17:43

administrators, managers, right? But there

17:46

can also be various other suppliers,

17:48

clients, employees, the government itself or the

17:51

general public, the stakeholders.

17:53

And what do stakeholders

17:55

use this accounting information for?

17:56

Basically, for decision-making,

17:59

planning decisions, control,

18:01

assisting in the decision-making process. This

18:06

point I also wanted to

18:07

briefly mention is that, because

18:10

accounting standards are a human construct based

18:14

on the culture of each country, there is an

18:16

influence of users on accounting production.

18:19

So, some characteristics of

18:21

each country will end up influencing even

18:23

the formation of the accounting standards of that

18:26

country. I'm talking about the pre-

18:29

convergence environment. Professor Eliseu

18:32

Martins will highlight that

18:35

Anglo-Saxon countries, such as the United States and the

18:37

United Kingdom, had a financing of

18:39

companies more based on the

18:41

capital market. Accounting ended up being

18:43

geared towards investors as the

18:45

main users.

18:48

Accounting is more forward-looking,

18:51

reflecting more of the

18:53

future economic benefits of

18:55

quantity, and another

18:57

relevant characteristic is that accounting standards in these

18:59

countries were

19:00

produced by computers themselves.

19:04

My professional associations, for

19:08

example, the German model, show a

19:10

model that is more based on the growth

19:11

of companies in the banking market.

19:14

Consequently, accounting in

19:17

Germany was more conservative, and

19:19

creditors were the main users.

19:21

Looking at a financial statement, you

19:24

had the certainty that you could

19:26

liquidate those assets for those

19:29

values ​​and pay those liabilities. There was

19:31

also a characteristic of

19:33

accounting standards being more produced by the State.

19:37

Bringing in some Latin American examples,

19:40

which obviously

19:43

include Brazil, but Italy and France

19:45

also had a financing model more based on the

19:47

banking market. But there was a great

19:48

influence from the government, in addition to the creditors,

19:50

and also this issue of

19:53

accounting standards being produced by the State.

19:55

The French Civil Code

19:57

brought accounting standards, and

20:01

even earlier Coubertin Ordinances also brought

20:02

standards of a W nature,

20:05

showing this great influence of the users.

20:07

Even though it is

20:12

expressed in monetary terms and seems to

20:15

be something exact, accounting is not; it is

20:18

a social science. Accounting data... These

20:22

are approximate figures. And here I bring

20:24

the words of a now deceased professor,

20:26

Robert Entre, from Harvard: "

20:29

Accounting works with

20:31

approximate data, it works with

20:33

incomplete data and numerical evidence, and

20:35

only partial evidence."

20:37

So, just as an illustration, I'll show you

20:42

Petrobras' balance sheet published on December 31,

20:45

2019. Here we have a series of

20:48

accounts and their respective values ​​in the

20:52

2019/2018 columns, both in the

20:54

consolidated and parent company figures. What

20:57

's interesting to anyone looking at this

20:59

series of values ​​is

21:01

that these values ​​are

21:06

based on conventions or uncertainties. So, even though

21:13

financial statements must approximate faithful representation, they are subject to uncertainties

21:17

and conventions. Professors on vacation

21:19

used to say that the only

21:21

certain information in a balance sheet was the year,

21:24

but I like to joke that

21:26

even the year is actually based

21:28

on a convention. If we were to

21:29

work with another

21:32

calendar model, the year 2019 is the year 5780 in the

21:36

Jewish calendar or 4718. In the

21:39

Chinese calendar, and for each group

21:41

of accounts, we can ask ourselves: Will

21:43

all that amount

21:45

to be received actually be

21:46

received? Is that

21:49

fixed asset truly reflecting its value? Was

21:51

an

21:52

appropriate depreciation rate used according to the

21:54

useful life in relation to the provisions in the

21:57

liabilities? Were the chances

21:59

of losses accurately assessed?

22:02

Often they weren't, because that precision is

22:05

unattainable. The same applies to

22:07

recoverable taxes, payable taxes, or

22:10

assets. Are recoverable taxes payable? Are

22:12

the taxes properly calculated?

22:15

Very likely, otherwise

22:17

we wouldn't have problems with the

22:19

Kombi vans and fines to

22:21

pay. And that's without considering the

22:25

effects of inflation, since

22:26

monetary correction of balance sheets was prohibited by Law

22:29

9249/95.

22:32

In the end, the profit

22:35

is driven by

22:36

uncertainty; it's not an exact value, right? It

22:40

will vary according to the

22:42

recognition, measurement, and disclosure criteria.

22:44

And that example from Daimler-Benz is

22:47

quite characteristic; we saw that the

22:49

profit of that company wasn't worth more than

22:51

a loss, but rather a profit.

22:55

Millionaire, and neither of them is wrong, right?

22:56

We can say that it's wrong since

22:58

they were made according to the

23:00

accounting standards of those two countries.

23:01

But even within the same jurisdiction, there

23:04

can be a greater degree of subjectivity in the

23:07

estimates of revenues or

23:10

expenses, the provisions for tax purposes, you see,

23:12

in expected losses, or even due to

23:16

choices that the accounting standard confers on the

23:18

company. Often, the accounting standard

23:19

confers a choice, such as we have

23:22

in the case of

23:23

investment properties, where the standard allows

23:25

you to value them at cost or at fair value, so it

23:28

says that it's a range of

23:31

values

23:32

expressed in a certain way. It's a

23:35

range whose amplitude can vary

23:37

significantly or not, depending on the

23:40

degree of subjectivity of that

23:42

accounting standard, the accounting choices in that

23:44

jurisdiction, etc.

23:48

So, just taking a very simple example,

23:51

let's imagine the inventory: I

23:56

make a purchase of 10 items for R$

23:58

100 each, totaling

24:02

R$1,000. I acquire the same quantity of

24:04

items ten days later, but now

24:06

for R$200 each, totaling R$2,000.

24:09

Ten days later, I buy another 10

24:12

identical items, but the price has increased

24:15

to R$3,000. So, I would have

24:17

an inventory on the later date of R$

24:20

6,000, which is the sum of these three values.

24:22

And on the following day, the company sells 10

24:25

items for R$3,500. What

24:29

I want to show here is that there are some [methods],

24:32

and it's for inventory valuation purposes.

24:35

When we write off the

24:37

first item (the super traditional

24:39

first-in, first-out), we

24:41

'll write off the ten

24:43

items that came in first.

24:45

Consequently, from that

24:47

revenue of R$3,500, we have a profit.

24:49

On the other hand, if we

24:52

work with the LIFO method,

24:54

we

24:56

'll work with the last ten

24:58

products that entered stock, which were

25:00

those that totaled 3,000.

25:01

Consequently, we arrive at a profit of

25:03

500. The

25:05

average cost, since we average the costs, would be

25:10

6,000

25:12

reais divided by 30 items, which would give us

25:15

2,000 as the

25:17

total cost. So, consequently, we would

25:21

subtract 2,000 and arrive at a

25:23

profit of 1,500. Conclusions here, for

25:27

this event, for this issue of

25:28

pre-IFRS stocks, just to see how a

25:31

single economic update was

25:34

captured in three different ways

25:35

by accounting, totally impacting the

25:38

amount of profit to be distributed to the

25:40

partners, as well as eventually the

25:43

taxable base. In this case, we are not putting

25:44

any adjustments. So, in this simplified case, the profit is the

25:48

range between 500 and 2,500.

25:51

And one detail is that the

25:53

LIFO method is not permitted by our

25:55

legislation since we are... An inflationary country.

25:59

Oh, and this point is important. So

26:02

I understand that profit is based on

26:04

several premises, right? And how does that

26:07

relate to taxation? Professor

26:10

Casalta Nabais from Coimbra

26:12

proposes three models of the relationship between

26:14

accounting profit, tax profit, and

26:17

tax profit understood as the basis for calculating

26:18

corporate income tax. The first model is one in

26:21

which there will be total coincidence between

26:23

accounting and tax profit, with no adjustments.

26:26

Obviously, this is the model with the lowest

26:29

compliance costs. The

26:31

second model would be

26:34

a model of autonomy, so each

26:36

would be determined completely

26:38

independently: one criterion for determining

26:41

accounting profit (current accounting standards)

26:42

and one criterion for determining tax profit (

26:47

or the basis for calculating income tax).

26:49

Here in Brazil, we even have some

26:51

very exceptional hypotheses in the

26:54

arbitrary profit assessment, where you take into account

26:56

some items that are not related to

26:58

accounting, a percentage of the

27:01

payroll, but these are difficult to

27:04

apply in practice. And we have the

27:06

most common model in most of the

27:08

world, which is a model of

27:09

partial dependence: tax profit is the basis for

27:12

calculating corporate income tax. Several parts of the profit are

27:14

counted, but adjustments will be made,

27:16

placing these three models here in a

27:19

larger line. The more autonomous

27:22

the models, the higher the

27:24

compliance costs can become. This can be the case when you

27:27

have two accounting systems; the less

27:30

autonomy and formal dependence the model has, the

27:33

lower the compliance cost.

27:35

The partial model will have

27:39

more or less adjustments, leaning more

27:41

towards the autonomous model or

27:42

more towards the dependent model.

27:45

In Brazil, the Law of the

27:48

S&P was a true revolution at the

27:50

time regarding

27:52

accounting standards. The idea brought by

27:55

Decree 1598, also drafted by the same

27:58

author of the Special Law for the Pride of the

27:59

Quarries, was the idea of

28:02

partial dependence through adjustments to

28:04

accounting profit, additions, exclusions, and

28:06

compensations.

28:08

Law 11638 introduced the

28:11

IFRS Brazil standard, altering the

28:13

accounting provisions of the law.

28:16

Initially, the decision was for neutrality

28:19

under the Transitional Tax Regime (

28:22

RTT), meaning

28:25

adjustments were made to accounting profit to arrive

28:27

at the accounting profit calculated according

28:29

to the 2007 standard. Law 12

28:32

ended the RTT. Bringing

28:35

specific adjustments to the new accounting system, in a

28:38

way, today with Law 12973,

28:41

we start from the accounting profit, make the

28:44

foreseen adjustments and readings to arrive at the

28:45

calculation basis, the model of the value, there are

28:48

additions, exclusions and compensations.

28:51

The only relevant detail is that

28:54

accounting standards and IFRS standards are constantly

28:56

undergoing

28:58

changes. So in recent years

29:01

we have had several

29:02

significant changes, and in this sense, Law

29:06

12973 stipulated that modifications to the

29:09

adoption of new accounting methods

29:11

through administrative acts based on

29:14

competence attributed in commercial law (

29:15

read: CPC) that are subsequent to the

29:18

publication of this law will not have implications

29:21

for the calculation of federal taxes until a

29:23

law regulates the matter. So we

29:25

have neutrality for the new

29:27

post-12973 standards that alter

29:30

accounting criteria. That's why some

29:33

professors call Dr. Tetezinha and

29:34

Professor Eliseu Martins, usually

29:36

called RTT Zinho, and who does this

29:38

control? The law itself stipulated in Pará

29:41

that it is the responsibility of the Federal Revenue Service to

29:43

identify the acts and provide for these

29:46

procedures to annul the effects.

29:49

So today, in addition to the... Regarding legal adjustments,

29:51

we have some neutrality adjustments,

29:53

tricks for subsequent

29:55

accounting operations (IBR 12973), but they

29:58

are also forwarded there as additions

30:00

and exclusions. There is no obligation of their

30:02

own, just like at the time of the RTT (Transitional Tax Regime) where we have the

30:04

S-Cont. It is

30:06

the infralegal norm of the Federal Revenue Service

30:09

that provides this overview,

30:12

Normative Instruction 1753/2017. So it deals

30:16

exactly with these procedures

30:17

to annul the effects. The identification

30:19

will always be done in the form of an

30:21

annex to this instruction. And here, going to the

30:25

end, I will only give two very brief

30:28

examples. The first, Annex 4,

30:31

refers to CPC 47, the CPC on

30:35

contract revenue. A client came into

30:36

effect in 2018, replacing CPC 30, and it

30:40

divided it into four groups of

30:42

procedures. There are some procedures

30:44

that in the annex are considered as

30:47

modifications, adoption of new

30:49

accounting criteria. So the effects have to be annulled.

30:51

There are others that it says have

30:54

methods or criteria that diverge

30:56

from tax legislation, so it's as if

30:58

the criteria weren't new, but they are

31:01

criteria that diverge. The

31:03

Witcher 3 will address the

31:06

indirect impact of items 1 and 2, and item 84

31:11

contemplates some items that received adjustments.

31:14

It understands that there is no modification,

31:15

so no adjustment to

31:18

profit is needed. On the contrary, it

31:20

also explains what to do

31:22

when there is a change; it will create

31:25

a sub-account called "adjustment of

31:27

gross revenue." Another

31:30

relevant standard was also changed: the

31:32

Leasing Standard CPC 06

31:35

R2, based on IFRS 16. It also

31:38

introduced three groups of procedures:

31:41

first, procedures that contain

31:44

modifications; then, procedures that

31:47

indirectly involve

31:49

modifications (adoption – these two should

31:51

be adjusted); and finally, item 3

31:54

selected some items that do not

31:56

involve modifications. So this is a

31:58

very brief way to start the

32:01

discussion, bringing up some

32:03

accounting and tax points that I consider

32:07

important, and I hope I haven't taken up too

32:09

much time.

32:14

Dr. Alexandre Alvares, thank you very much for

32:18

your presentation.

32:21

This is extremely helpful and important for

32:23

our audience. You presented a

32:25

complex topic in such a brilliant way,

32:28

as you did.

32:31

Thank you very much, and I am grateful once again for being

32:33

here with us. "I want to say this to my

32:38

friend Professor Roberto Quiroga, whom I

32:42

deeply admire. I wonder if

32:44

others will be jealous, but I have to

32:46

say, you said this from all

32:47

distances, right? For me, you are the greatest

32:49

tax lawyer I've ever seen

32:51

personally, right? In your

32:53

oral arguments, you are someone I have immense

32:56

admiration for. Without further ado,

33:00

you have the floor.

33:03

Thank you, Guilherme, once again.

33:07

I appreciate the invitation to be with

33:09

you.

33:10

I was afraid because when

33:12

Evaristo came on, the power went out at

33:14

my house, and I thought, 'Oh no, I'm going to be

33:17

without internet. I hope it doesn't go down

33:20

again.' I almost

33:22

joined on my cell phone, but luckily it came back on,

33:25

and now I have internet too. It's a

33:29

pleasure to be with you, and I thank

33:32

Alexandre and Guilherme, as professors

33:34

at the Ribeirão Preto Law School,

33:36

for the invitation and to speak on such an

33:40

interesting topic as law and

33:42

accounting. It's a pleasure to be

33:44

with Professor Amauri, with whom I've also been

33:47

in Ribeirão Preto at some

33:49

events, and with my dear friend

33:51

Alexandre Evaristo. I

33:54

also want to thank him for the lecture and for his

33:57

son." That's when someone recently came up with

34:00

congratulations, and I wish you much happiness,

34:03

peace, and joy in your

34:06

home.

34:07

And actually,

34:10

in my initial 20 minutes here, I

34:13

wanted to touch on the subject of the

34:15

relationship between law and accounting.

34:19

I see many students

34:23

commenting on this; it's difficult to

34:26

imagine a tax lawyer today, and to

34:30

be a tax lawyer, one doesn't work with

34:32

accounting. As

34:37

our Alexandre said, for those who are going to study

34:40

income tax, for example, it's

34:42

fundamental to have notions of

34:46

accounting, not to mention

34:49

more advanced, more

34:51

precise knowledge of accounting.

34:53

But it's not just income tax;

34:56

today, those who deal with indirect taxes

35:00

also work a lot with accounting.

35:03

We always have

35:06

important accounting concepts in

35:08

indirect taxes and topics related

35:13

to operations, for example, corporate transactions that

35:16

are done in law. I will

35:19

always have accounting very close to

35:22

you. So we would say the following:

35:25

look, it's really difficult to imagine

35:30

working in the tax area without having

35:34

accounting by your side. Therefore,

35:36

you have a vision that

35:39

accounting is a... Regarding the elements

35:41

you'll need to analyze to understand

35:44

the phenomenon of taxation, I don't

35:49

need to spend much time showing

35:52

the importance of

35:53

this correlation between the two

35:57

subjects. It's not taxation, but

35:59

tax law as a whole, and

36:03

accounting as an

36:05

important science in this area. Okay,

36:09

but what happened more

36:11

recently, right? With Resolution 11638, which I mentioned

36:15

more than 10 years ago,

36:18

we had a

36:21

very big change. As

36:23

Alexandre said, we had a

36:25

set of standards that are trying to

36:28

converge, creating a

36:31

common standard so that we can try to see

36:33

the same phenomenon in the same way, without

36:37

different perspectives. He gave

36:40

an example: if I did it using the S GAP method,

36:43

I would have a profit; if I did it using the other

36:46

method, I would have a loss. In other words, we

36:48

have different perspectives. So the objective

36:50

of all this, you know, the so-called revolution, the

36:53

transformation of accounting, is that

36:56

we can actually see the number and

36:58

say, "Look, I understand this

37:00

number from the same perspective." But

37:03

that's very difficult. Why is it so

37:05

difficult? Because the sciences

37:09

see the same phenomenon

37:13

differently. So accounting will see...

37:17

One way, and the law will see it

37:19

another way, and obviously, since the two

37:23

sciences approach the

37:26

same facts differently, I need an adjustment.

37:29

I need someone to say, "

37:31

Look, consider this easier perspective, an

37:36

adjustment so you can see things

37:38

as they really are." In other words, we have

37:42

a great difficulty in

37:45

effectively achieving convergence, which is why

37:47

norms came about precisely in an

37:51

attempt to fulfill this function of

37:55

uniformity, but it's very difficult, isn't it?

38:00

How does the law

38:03

behave with these realities?

38:08

Basically, the law will codify

38:14

accounting norms. So, if on one hand

38:17

there are accounting norms as norms

38:21

of the science of accounting, we will

38:24

have several of these accounting norms that have

38:28

become legal norms because they were

38:31

codified by law. For example, Law

38:36

6404 brings numerous articles that

38:41

codified accounting norms, for example,

38:44

the generally accepted accounting principles,

38:47

all those articles that talk

38:51

about financial statements. In a

38:53

certain way, what they did was codify

38:56

accounting norms that became

39:00

norms

39:00

and therefore norms of law. So I

39:05

end up having these intercommunications, right?

39:09

Law and accounting are

39:12

related sciences, but the law gathers, it

39:17

chooses, it makes with... That many

39:20

accounting standards become

39:24

part of its legal world, insofar as

39:27

they are positive law, and today there is even

39:30

talk of accounting law, which

39:35

would be precisely these

39:38

accounting standards that the law has

39:40

embraced and codified,

39:45

forming a branch that many contest,

39:48

but we can say that it would be

39:50

didactically easy to understand

39:53

accounting law. What would accounting law be, according

39:55

to Otávio, is nothing more than

39:58

this set of accounting standards

40:00

that have been codified by law,

40:03

becoming legal norms. Now, what is

40:08

interesting for those who are

40:10

starting to study the subject of

40:14

accounting law is understanding this; it is

40:15

fundamental.

40:17

And here, in fact, law and

40:21

accounting will see certain

40:23

phenomena differently because that's what

40:27

each of the

40:30

respective sciences demands. I'll give some

40:33

examples. So let's imagine that you

40:36

have acquired a property for one million

40:39

reais,

40:41

and after you buy this property

40:44

for one million reais, this property is

40:47

listed as a historical landmark by the state or the municipality,

40:51

preventing any type of

40:54

sale, transformation, or any type of

40:57

work on this property. Imagine you

41:00

bought a property for one billion

41:02

reais. And suddenly it's listed as a historical landmark, you ca

41:05

n't sell it, you can't do

41:07

any work on it unless you're not going to do anything with it,

41:09

right?

41:11

And from a legal point of view,

41:14

what is your patrimony? Your

41:18

patrimony is having a property that had an

41:20

acquisition cost of one million reais,

41:23

so you go there and declare it on your

41:25

income tax return, "Look, this

41:28

property is worth one million reais because I

41:30

bought it and paid one million reais for it." But

41:35

for a computer, the opposite is true. Perhaps the

41:39

property becomes an expense

41:42

because, in reality, he can't

41:45

sell the property, he can't

41:48

renovate the property. In fact, what does the

41:50

property give him? It only gives expenses like property tax,

41:54

maintenance expenses. In other words, it's just

41:57

an archive for him. It

42:00

's not an asset. From a legal point of view, quite

42:02

rightly, it's not an

42:04

asset, and it cost one million reais. I

42:07

sacrificed one million reais from my

42:09

savings to buy a property.

42:11

But for accounting purposes, a

42:15

listed property that I can't renovate, that I ca

42:17

n't renovate, may well be

42:20

worthless. In other words, these are two

42:24

different perspectives: the view of someone who deals with

42:29

law and the view of someone who deals with

42:33

accounting. They are different perspectives.

42:36

Therefore, this property, which apparently

42:39

cost a high price for those who like to

42:43

ask, as an asset, has

42:47

a property worth one

42:49

billion reais listed on my assets, but in reality, if the

42:52

accountant looks at that

42:54

income statement and does the following, and

42:56

moves here, nothing can be done,

42:58

it's worth zero, on the contrary, it only

43:01

generates costs, and this is obviously a different

43:03

reality.

43:05

Based on this example, this is precisely what

43:08

we have to understand: the

43:11

intermingling of law and

43:13

accounting is that each of the

43:15

sciences will see these

43:18

facts differently, and therefore, at

43:22

some point, an adjustment is needed.

43:25

Another example that was often given when Law

43:29

11638 came into effect, because I think this is an

43:31

important concept that we have to

43:33

understand, because I can have

43:37

different perspectives, right? What I

43:40

can see even the same facts from

43:43

different perspectives, and we had

43:46

the example, for instance, of how

43:50

accounting defines what an asset is.

43:52

So, if you ask a

43:56

lawyer, they will say what

43:58

my assets are, that an asset is

44:01

the set of tangible goods that

44:05

form a universality, and its

44:09

concept that we will... So, that

44:12

property worth a million reais that I bought is

44:14

worth a million reais, but

44:17

accounting will understand the asset

44:19

differently, right? An asset is something that

44:21

will generate future cash flow

44:25

with the resources I provide. In other words, if it does

44:27

n't generate future cash flow,

44:30

that asset is worthless, right? That's why there's

44:35

a very clear joke: after Law

44:39

11638, if you took a balance sheet—not for those who

44:42

give up a lot, Professor Eliseu

44:44

Martins—if you took the balance sheet

44:47

of an airline company,

44:48

and before Law 11638, you looked at

44:52

the assets and there

44:55

were no airplanes, right? Before, in the

44:58

old system, you didn't have them there,

45:02

I couldn't see the airplanes as assets,

45:05

right? I saw all of that in the liabilities. Because,

45:08

in fact, it's in the

45:10

lease agreements. But what does

45:12

an airline company have? It only has airplanes, right? So,

45:16

after Law 11638, what exactly started appearing on the

45:22

balance sheets of airlines?

45:24

These airplanes are

45:27

considered assets even though I don't have

45:29

legal ownership of them yet, even though I have

45:32

n't bought the airplanes, I'm

45:34

leasing them. But how do they... These are

45:37

resources that will generate future cash flow for me;

45:40

it's considered an asset, which is

45:42

why it has to be on the balance sheet. In other

45:44

words, I will necessarily have...

45:47

This is the need to see things

45:52

differently. Just the last, third

45:55

example to explain this and make it

45:57

very clear what this correlation between

46:00

law and accounting is. Imagine the

46:03

following: you have taken out a

46:04

loan from a legal entity

46:06

for 100 years. I lent 1 million

46:09

reais for 100 years to this company. The

46:12

question is, are you a borrower who

46:16

lent money, or are you actually

46:19

a shareholder of this company? Who lends

46:22

money for 100 years, right?

46:24

In fact, it's not the

46:26

shareholder. Because it's such a long time that they

46:28

lent it, they're not actually

46:30

expecting any return beyond that. If it

46:34

were the shareholder... In other words, I, as a legal

46:36

professional, can say, "No, I signed standing up,"

46:38

and what I did was a

46:41

loan agreement for so many years.

46:43

But eventually, from an

46:44

accounting perspective, I'll look at that

46:47

differently. I'll say, "Hey, I took out

46:49

a loan for 100 years,

46:51

so what am I? I am

46:53

effectively a shareholder, right?" I am not the... The

46:56

lender, and therefore I am not

47:00

taking out a loan, that is, these

47:04

three everyday examples, which are

47:07

easier to see, show us this great

47:11

difficulty in the relationship between

47:14

accounting and law and the adjustments

47:18

I need to make.

47:20

I learned from Professor Amauri and

47:23

Professor Alexandre Evaristo that the

47:25

accounting process goes through three

47:28

phases: the first is the

47:30

recognition phase, then the

47:33

measurement phase, and finally the evidence phase. That

47:37

is, both the accountant and the

47:41

lawyer, when they look at a fact,

47:44

when they look at something,

47:47

they will first

47:48

recognize what it is.

47:51

Then they will

47:54

measure what its size is, and

47:57

then they will evidence how

47:59

it will be shown,

48:02

publicly disclosed, right? But they are

48:06

different processes, right? So, in these examples

48:09

I gave, how will the process be? From the

48:12

lawyer's point of view, he will say the

48:14

following: this here... So when I say

48:16

recognize, when I recognize, right?

48:18

What is the legal nature? He will

48:21

say this is a matter,

48:23

and then he will say, okay, this minute... The

48:26

second step is to measure this matter. He's

48:29

going to say that this amount

48:30

corresponds to one million reais, right? He's

48:34

going to say how I'm going to show this through

48:35

a contract,

48:38

and the accountant might do it differently, right?

48:41

He might say, "No, this

48:44

isn't a million reais, this is like

48:46

a share you lent for 100

48:49

years. You lend for one hundred years, you're not the

48:52

author of the shareholder, right?" Substance is worth

48:56

more than form, right? And then we're going to get into

48:59

an important issue of

49:01

accounting law, right? He's going to

49:04

mix things up, he's going to say, "No, if

49:05

you lent for one million reais

49:07

for 100 years, bringing this to the

49:10

present value doesn't represent one million reais, it

49:12

represents one real." For example, and how is he going to

49:16

show this? He's going to show it in the

49:18

balance sheet, that is, two different views: the

49:23

lawyer's view and the accountant's view,

49:27

two different perspectives, therefore

49:30

two different views.

49:34

And what is the great lesson

49:37

we have, and the principle that we

49:40

saw today, which entered into

49:43

legal matters with a lot of detail

49:46

and a lot of discussion, is precisely about

49:48

this: look, the accountant will—I'm going to go

49:53

down principles—he

49:56

will not only obey rules, he will obey

49:59

principles, and basically what... He will

50:01

obey the principle of substance over

50:05

form, right? He won't focus so much on the

50:09

content, the legal nature; he won't be

50:12

concerned with the

50:13

legal nature of the operation; he won't be

50:16

so concerned with the formality

50:18

of the operation; he will be more attentive to the essence

50:23

of the operation. That's why it's said

50:26

that accounting prioritizes

50:30

substance over form.

50:32

And we know that in law,

50:35

throughout our tradition,

50:40

codified law, the same is true for

50:44

Anglo-Saxon law. We also see a

50:47

lot of form in codified law, the way in

50:50

which legal acts are

50:56

formalized, and therefore, that's how

50:58

I will understand the respective legal institute.

51:01

So this dichotomy

51:06

creates differences and makes the

51:10

jurist, from now on, with the new

51:13

accounting, with the new Law 11638,

51:16

which succeeded them, have to

51:20

worry precisely about this change in

51:23

legislation, that is, where I will see the

51:27

substance and I will not see the form,

51:29

and basically I will not

51:34

prioritize form, I will

51:36

prioritize the substance.

51:38

Hi, and what we see as

51:40

important changes is precisely the

51:43

peace established by Law 12.973, which

51:48

was published at the end of 2014

51:51

and was also in effect for the years

51:54

2015/2014. It states that to

51:58

calculate income tax, you must use

52:03

accounting reasoning. So,

52:09

reason based on what

52:12

accounting says; you must follow

52:15

accounting. It is your

52:18

starting point, your origin for seeing any

52:22

and all types of consequences.

52:25

Therefore, starting from accounting, the

52:28

tax law will have to do the

52:30

following: if it wants to change this

52:32

accounting reality, it will have to

52:35

have a tax law... The article discusses how accounting practices can be problematic, suggesting that while

52:36

accounting might be flawed,

52:54

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

53:04

when they began

53:07

working

53:12

in accounting,

53:33

they

53:37

saw accounting as a

53:39

second-class category. The author,

53:41

in fact, already cited Decree

53:44

1598, which stated that

53:47

real profit is part of accounting profit. The author also noted a

53:50

significant prejudice from the

53:53

legal field towards

53:56

accounting, treating it as a

53:58

second-class category, despite the prejudice from lawyers and legal professionals.

54:00

Actually, it was already important, and it is

54:04

today, but it

54:06

wasn't seen that way until I became

54:10

aware of it when I started

54:13

working in

54:14

tax law. It was like this: I can't

54:16

move forward if I don't know accounting;

54:19

I can't evolve my

54:20

knowledge if I don't understand

54:22

accounting. And so I went to

54:25

study accounting sciences. So this

54:30

is a reality in our field, right?

54:33

We jurists in the legal field

54:37

understand that accounting isn't

54:39

important; on the contrary, perhaps it's

54:43

the origin of everything, the starting point

54:46

for understanding tax regulations.

54:49

And today this is very clear in Law

54:55

12973, right? That's why we had all this

55:02

harmonization with Alexandre de Moraes, that's why we had

55:05

the need for legislation to

55:10

harmonize this and make the

55:13

necessary adjustments. But today in the

55:17

legal field, what we should have

55:19

as a guideline is: Follow the accounting,

55:23

and if you don't want to follow it,

55:25

create a different tax law

55:28

that changes this

55:29

accounting reality precisely to comply with

55:32

tax regulations. This shows the relevance of

55:36

accounting in our daily lives. And another

55:41

important point, just to

55:43

finish my statement here... I'll

55:45

pass the word over to Professor Amauri,

55:48

and it's precisely that all this

55:53

standardization of accounting norms

55:57

came to Brazil, but it's from systems

56:01

that taxed income based on what's called the

56:04

consolidated balance sheet. What does that mean?

56:09

Imagine you had a group of companies, and you saw this

56:11

group of companies as a single company.

56:13

So everything consolidated, that is, this

56:16

convergence system is very well

56:19

elaborated and very well

56:23

established for countries that tax based on the so-

56:27

called consolidated balance sheet. In Brazil,

56:30

we don't have that; we tax

56:34

individually, company by company. We

56:37

don't have consolidated taxation,

56:39

and this causes some imperfections

56:44

in this attempt at convergence because the

56:50

norms that tax the

56:55

balance sheet in a consolidated way, and not

56:58

individually, create imperfections.

57:01

Therefore, some imperfections need to

57:04

be better established. Everything I

57:09

wanted to show in my presentation here, which is

57:13

quick (20 minutes) and respecting the

57:15

deadline so as not to delay the

57:19

event, is precisely to demonstrate the following:

57:21

law and accounting are

57:24

related sciences, but they are separate and

57:29

should be scientifically analyzed.

57:31

Separately, however, the law

57:35

draws from accounting standards to

57:39

activate and transform them into legal norms. From

57:44

this reality,

57:47

legal norms will eventually dictate in some

57:50

cases that the accounting standard is valid

57:52

as a starting point. Today, in our

57:56

Income Tax, for example, as

57:59

Alexandre mentioned in Law 12973, you must

58:02

start with accounting to arrive at the so-

58:05

called real profit, with some adjustments that

58:10

need to be made. But this shows

58:13

this interdependence, this interconnection

58:17

between the phenomenon of law and the phenomenon

58:20

of accounting. Knowing also that

58:23

accounting will greatly favor the

58:26

principle of substance over form,

58:28

while law traditionally

58:32

favors form over substance,

58:34

this conflict is

58:36

precisely what we have to study. That's why

58:39

all

58:42

these discussions about the

58:46

international convergence of accounting standards exist, which

58:49

also generates many possibilities for

58:51

study. Unfortunately, it has generated a lot of

58:55

litigation, both

58:57

administrative and judicial,

59:01

which is a bad thing, because in

59:02

fact we should have

59:04

more

59:08

equal interpretations, but unfortunately this

59:11

dichotomy causes

59:14

important divergences, and we must... Avoiding them, right?

59:17

Anyway, Professor Guilherme, Professor

59:20

Alexandre, in my regular 20 minutes here,

59:23

the idea was to give a

59:25

first introduction, a first notion

59:26

of the importance of Law in

59:29

accounting, and I thank you once again for

59:32

the invitation. I am available for

59:34

questions, that's all. What

59:36

is the audience? Thank you, we

59:42

thank you. Professor Queiroga, just to

59:44

vary a little, without

59:46

spectacularly offending anyone, thank you for

59:49

your participation, for your

59:50

comments, and this lesson you gave us and

59:53

all our audience, without further

59:56

ado, is my dear friend,

59:59

companion, right, next to you at the university,

1:00:02

one university close to the other, right?

1:00:04

Professor Amauri, sometimes older, but it's a

1:00:07

pleasure to have you here with us, oh

1:00:09

sir, Your Excellency,

1:00:15

this is the first word, to thank you for the

1:00:18

opportunity, which is always an opportunity to be

1:00:20

with Professor Guilherme, right? And whom I

1:00:23

consider here, right? An

1:00:25

exceptional person, I have a line of

1:00:28

reasoning here that pleases me very much.

1:00:31

Our conversations, sometimes we

1:00:34

exchange messages here, giving the

1:00:36

children a bath, giving words, this message

1:00:38

about the other, an idea here about fabric,

1:00:40

right? And Professor Alexandre, whom we had the

1:00:43

pleasure of meeting at a panel, right? And it was

1:00:45

truly a very enjoyable, very

1:00:49

spectacular debate, in one of the

1:00:53

brilliant new minds that we are

1:00:56

bringing to the community. I also

1:00:57

consider myself a middle-aged man,

1:01:00

50 years old. I'm 44, right? We should

1:01:04

live until the end, so Evaristo, the young man

1:01:07

who will succeed a lot and doesn't need to...

1:01:10

look, basically, to go to the

1:01:13

following... he's a person who

1:01:14

values... It

1:01:15

will be a great pleasure to be with

1:01:19

him, talking, exchanging ideas. He's a

1:01:21

kind person, right? And a person whom God will guide. He

1:01:25

has a special eye for

1:01:27

accounting and the brilliant work he has been

1:01:29

developing, right? Along with

1:01:32

accounting, which he has already

1:01:33

graced us with his knowledge on

1:01:35

other occasions, I appreciate this

1:01:38

opportunity and I want to see if I can... I

1:01:40

swear to this group of

1:01:43

brilliant people here to bring some ideas that are a

1:01:45

little simpler, right? Accounting...

1:01:47

Sometimes we are a little conservative, right?

1:01:49

We sometimes... the tone of

1:01:52

conservatism isn't very strong. I

1:01:55

have the opportunity to work here at the

1:01:57

law school in our

1:01:58

applied tax planning discipline, a

1:02:00

more complicated vision. I will work

1:02:02

again next year, right? God

1:02:05

willing, together with this

1:02:07

excellent group from the faculty. "I'm

1:02:09

from Ribeirão Preto, right? I'm going to ask

1:02:11

you to take the liberty of showing

1:02:15

the slides here, not just for your information,

1:02:19

to try and illustrate a little, since

1:02:21

our friend Alexandre Hohl, as

1:02:24

you've already mentioned, has already

1:02:29

prepared the ground for us to

1:02:31

talk a little bit. It's

1:02:32

something I have a lot of interest in, right? In

1:02:35

my training, let me basically

1:02:38

show you our screen. I'm going to

1:02:42

work with a quick example here.

1:02:45

This one is appearing, everyone

1:02:48

is already seeing it, it's

1:02:52

perfect, exactly. So

1:02:59

I'm going to start our presentation

1:03:01

here quickly about... I know I like

1:03:04

accounting. For me, there's

1:03:05

only one accounting. I'll even

1:03:08

open the old one with some concepts.

1:03:10

For me, there's only one account. There's

1:03:12

only the perspective you

1:03:15

want to see. If I want to approach

1:03:18

this accounting from the perspective

1:03:20

of courses and opportunities, I'm at the biggest

1:03:22

advantage. If I had chosen

1:03:24

this way or that way, I could have had this

1:03:27

performance. Accounting gives us

1:03:30

the possibility to change our minds, so

1:03:33

I have an account of the difference. But the

1:03:35

portrait, and photography, can't be

1:03:37

different, right? Photography can, it's

1:03:40

true, right? I can even zoom in,

1:03:42

but photography is always the same, right?"

1:03:45

And I think this partnership with

1:03:47

law is phenomenal. I sometimes feel like

1:03:49

sitting in the chair and doing

1:03:51

law myself. It's

1:03:52

something my colleagues... It's because I

1:03:54

increasingly understand that this

1:03:57

capacity, this ease, this

1:04:00

narrative brought by the spectacular should be

1:04:03

increasingly used here working with

1:04:05

lawyers. I've linked, for example, I

1:04:09

've learned a lot, like a

1:04:10

phenomenal experience working with the

1:04:12

late Professor Bert Sorbet, who

1:04:14

had a great, right? It's a

1:04:18

great pleasure to connect with

1:04:23

him, right? And tribute... I prepared here, I

1:04:27

selected here the slides from one of

1:04:28

my classes, right? I can treat things

1:04:31

very simply because I am also...

1:04:34

complex things, right? My

1:04:36

processing capacity is not human. So it

1:04:39

will only do three of 1824, it doesn't do

1:04:43

24, 1724 times 12 and 24 months 15, it will take me

1:04:47

a while to process a number

1:04:48

of this nature. So let's go to

1:04:50

simpler things, right?

1:04:52

And the groundwork has been laid, so I mean,

1:04:54

Brazilian accounting, as a

1:04:56

quantity of the world, it gives me an

1:04:58

idea, right? And this idea is an idea of

1:05:02

globalization, it's an accounting based

1:05:04

on... Global assumption: Why? Because the

1:05:07

world does business, right? Unfortunately, we

1:05:10

are in something that has been globalized,

1:05:12

and it wasn't our will to return to reality,

1:05:15

right? But I think we will

1:05:17

also learn from these moments, right? We are

1:05:19

here working in various places to

1:05:21

reduce the transaction cost of

1:05:23

information, which is important, right? We

1:05:26

will see, in a certain way, that we can demonstrate that the

1:05:28

productivity level of the public sector

1:05:31

is good, right? And the University of São

1:05:33

Paulo is at 94% of its activities,

1:05:37

showing that we have done three thousand exams, which

1:05:39

will be approximately 400,

1:05:42

right? But without real disbursement.

1:05:46

We all have the means to produce and convey

1:05:49

more information in accounting; it's

1:05:51

there to generate this

1:05:52

group, this standard that has already been well

1:05:55

addressed by Evaristo. So, because we

1:05:59

have a standard, first, reducing the

1:06:01

cost of capital. Imagine a German having to

1:06:04

translate Brazilian accounting

1:06:05

to his standard, and a Brazilian having to translate

1:06:07

German accounting, and a way to exchange resources,

1:06:09

borrow resources, invest in other

1:06:12

capitals. What is profit for a Portuguese person is

1:06:14

n't profit, or a Dane isn't

1:06:16

profit for an Argentinian, crazy, or a

1:06:18

Brazilian, right? So, I hope that's the

1:06:21

concept of profit. We have the

1:06:22

ability, each Ismar is...

1:06:25

Approaching this debate from the legal field, but

1:06:28

increasingly approaching its

1:06:30

essence, which is economics, let's

1:06:32

go back to the concept of wealth. I don't

1:06:35

know what's crazy, crazy is what I can

1:06:37

or can disappear today, considering that my

1:06:40

current situation in relation to

1:06:42

yesterday's assets, I'm doing so well

1:06:45

today when I was consuming

1:06:47

that portion yesterday. So, if I take the

1:06:49

example, I had one million reais in

1:06:51

assets,

1:06:52

a thousand reais in assets, an inflation of

1:06:54

50 reais, and the result of 300 reais, and I

1:06:59

took the assets today, it was one million and

1:07:01

three hundred, minus 50, my assets are

1:07:04

250, what I could get was only

1:07:06

250 because 1 million and fifty is the

1:07:09

maintenance of my same status of

1:07:10

wealth. The concept of profit itself is

1:07:14

very close to economics, and we take

1:07:17

this basis of economics, throwing it into

1:07:18

accounting. We promise more

1:07:20

subjectivity through its use, more

1:07:23

interpretation, it's an accounting in

1:07:25

value, an accounting that will require the

1:07:28

accountant himself not only a view

1:07:31

of historical cost entries and records, but also

1:07:35

the perception of the use of the resource, right,

1:07:39

increasing transparency. Because, as a

1:07:41

professor, a

1:07:43

concurrent drug dealer bought a

1:07:46

historic beach house that was a building. It's

1:07:49

wonderful, but it was overturned, he

1:07:51

lost it,

1:07:52

and he lost its use. He lost the

1:07:55

benefit baskets, giving you, you can't, Caio, you

1:07:59

can't sell it. He basically can't use it, meaning he ca

1:08:01

n't commercialize it. The

1:08:03

value invested gives an accounting of

1:08:05

clothes. We measure the

1:08:09

present and future benefit of this resource. In this

1:08:12

resource, if it's material, it has material. This is

1:08:15

basically an important idea for

1:08:18

us, right? We have to look at

1:08:19

exactly this economic sense that

1:08:22

the elements of an organization have: to

1:08:27

facilitate the generation of information from the

1:08:29

world, to communicate better, to reduce the cost

1:08:31

of capital in the transaction of resources, to

1:08:33

increase transparency, to increase

1:08:34

comparability, and this decreases the

1:08:36

transaction cost. That's the focus, right? And I

1:08:40

hope that Mauricio de Souza doesn't get

1:08:41

upset because he's using

1:08:44

a figure here, right? That I'm upset about.

1:08:47

So, if accounting is

1:08:50

unique, it's pure. It's very much

1:08:52

life, it can be applied to anything,

1:08:54

to the professor's office, to a

1:08:58

good business, a good framework with

1:09:01

assets heard throughout

1:09:02

history, to a company like Vale do Rio Doce.

1:09:05

We can also apply

1:09:07

accounting with the same virtue to

1:09:09

Chico Bento's farms,

1:09:11

because if the concepts are sacred

1:09:14

to us accountants now, right? That's

1:09:17

what guides us. But you apply

1:09:19

accounting to Chico Neto. Do

1:09:22

n't we need to be the one who needs

1:09:24

accounting at that level? That's

1:09:25

another question, but it's applicable there. I

1:09:28

say this:

1:09:30

accounting is like medicine;

1:09:34

too much of it can kill a

1:09:36

company, which doesn't need it anymore. The

1:09:38

right dose can be very useful to the

1:09:40

process. So let's see what

1:09:42

an idea of

1:09:44

accounting would be like. Let's leave Chico

1:09:45

Bento's farm. First thing, we have to

1:09:47

look and ask ourselves: what are the

1:09:48

assets? For example, there's a 25-

1:09:51

hectare farm, a house, a VW Beetle, a

1:09:55

cow, a pig, 350

1:09:59

baskets of corn, 200 points in the piggy

1:10:01

bank, a chicken, an armadillo, and

1:10:05

a jaguar. And he lent it

1:10:07

1000. What do you think?

1:10:09

We only have the resources within the

1:10:11

assets. So now I have to

1:10:14

ask some questions. First,

1:10:16

look, Chico Bento, what do you do when you use

1:10:18

these assets? Are there incomes and

1:10:21

expenses? Does it only have costs and

1:10:23

income with the... Selling eggs,

1:10:25

selling vegetables and fruits, and producing milk—

1:10:27

he cut the hell for the little cow and

1:10:29

consumes corn because, well, and cultivates the

1:10:33

land—we have resources that are consumed in a certain

1:10:35

way, and the

1:10:37

patrimonial resources have a longer consumption cycle,

1:10:41

and quickly we have to start

1:10:45

interpretations. I really liked this

1:10:46

statement from the translator at school. The whole

1:10:48

process, when the figure of

1:10:50

the accountant is now in a

1:10:52

situation, it's not enough to just account for things; you have to

1:10:56

interpret them in light of the concepts and judge,

1:10:59

and responsible judgment—you have a

1:11:02

level of social responsibility—is

1:11:04

very good with you, you've been teaching us

1:11:06

for some years now. This is what we have to have

1:11:10

here: the search for a better,

1:11:12

faithful representation of the facts.

1:11:14

Accounting should take the best

1:11:16

picture of the facts. So, the new

1:11:19

accounting, what does it do for us? It

1:11:21

gives us a more approximate position of

1:11:24

wealth. It doesn't say how much a

1:11:27

business is worth, but it gives a position of the

1:11:30

risks that are embedded in the business

1:11:32

and the potential gains generated by the

1:11:35

use, by the cycle of the first ones. You

1:11:38

have a farm, we can just have

1:11:40

land. The accountant has to have,

1:11:41

and for Mr. Chico Bento, saying the

1:11:44

following: are you going to use the land or

1:11:48

are you happy with the land? It's only for

1:11:50

investment purposes because if the land is

1:11:52

used for real estate development, if the land is

1:11:55

for rent or sale, it's only for real estate

1:11:57

exploitation.

1:12:01

So the underlying concept changes.

1:12:04

When I look at the resource, I don't immediately

1:12:07

say it

1:12:09

's not immobilized anymore; it

1:12:11

depends on how the manager will use

1:12:14

the resource. I have a little cow, and I'll

1:12:17

ask Chico Bento exactly what you're saying. He

1:12:19

said you're going to produce [something]

1:12:21

for resale, for

1:12:23

resale, you understand? The cow

1:12:25

isn't really for production; it's for biological asset production.

1:12:27

So you realize that

1:12:29

we need an

1:12:32

interpretive capacity to apply the

1:12:34

concepts. You lent the

1:12:37

money to Zezé, but for how long?

1:12:39

What's the interest rate? Have you

1:12:41

agreed how this will look on the

1:12:44

balance sheet, based on

1:12:47

future value? How will you

1:12:49

appropriate the interest? Because the interest

1:12:51

will be due over time. So

1:12:53

you have an element of competence, right?

1:12:55

Look, let's move on to a chicken. He has

1:12:57

a girl, he's going to consume the chicken.

1:12:59

God forbid, I never have affection for

1:13:02

that animal. As a pet, it

1:13:04

will produce eggs. Oh, so it changes

1:13:06

nature, this is great, thank you. I

1:13:08

have a little bit, you will consume it

1:13:10

too, right? Or yes, it depends on my

1:13:14

whole resource. I need to

1:13:16

formulate a question about the

1:13:19

managers' intentions regarding the resource.

1:13:20

Because depending on the nature of the asset,

1:13:22

it will have a different treatment. You

1:13:24

have 300 tons of corn for consumption or

1:13:26

sale, because that's it. Because if it's for sale, it

1:13:29

's inventory. I have to evaluate if the

1:13:31

value of the inventory is the net value,

1:13:34

or if it's less

1:13:37

than the replacement cost in the market, you have to

1:13:40

adjust for the drop. In

1:13:41

short, you can look at

1:13:44

its production cost, it will be higher, or it

1:13:47

costs fair value, no, but if it's

1:13:49

inventory, you will have to use a

1:13:51

metric to realize that we gave a certain

1:13:53

way, there is a greater challenge. What are the

1:13:55

metrics or the use of the resources? And he

1:13:57

has 200 bucks, the rest is 18 points

1:14:00

in his piggy bank, what can he do with all

1:14:02

this money? Leave it in working capital,

1:14:03

invest it, or return it to creditors?

1:14:06

Depending on its nature, it can generate

1:14:07

financial revenue. We will apply it to the

1:14:10

legal entity in Brazil, it's a paradise of

1:14:13

tax opportunities, right? I take

1:14:16

this money out. I'm returning the information to the

1:14:18

small Chico Bento person from his PJ, which is

1:14:20

cheaper to come from as an investment. If I

1:14:22

leave it, I can actually have the

1:14:24

taxation there by estimate, and then I

1:14:26

have to offer the taxation

1:14:27

again, and I deduct the

1:14:30

original tax depending on the nature of the

1:14:32

investment, right? Were the products

1:14:34

sold for cash or on credit? That's also

1:14:36

important information because... And then we have a

1:14:38

first point of intersection: if you

1:14:41

sold...

1:14:41

Ah, that means you financed...

1:14:44

from within this revenue... You

1:14:46

have two components: you have a

1:14:48

component that is interest, which is

1:14:50

financial gain from financing someone,

1:14:54

and the operating revenue, let's call it that.

1:14:56

What does

1:14:59

revenue mean? Revenue is AB, it's the exchange, right? And

1:15:03

market valuation, professor in the

1:15:05

cavities, is assets validated by the

1:15:07

market. It's the premium you receive in addition to

1:15:11

the cost, or is the premium just the cost? You go

1:15:14

to the market, take the eggs, if someone gives you

1:15:16

a value for them, that's a premium for the

1:15:19

egg, for the course, for the entire journey

1:15:21

in logistics, so risk, and for your

1:15:23

service of selling the egg, right? And then you

1:15:26

receive a revenue, which has two

1:15:27

components: a financial revenue and an

1:15:30

operating revenue, genuinely. Regarding the

1:15:33

activity, the ICMS (Brazilian state sales tax) comes up, but it doesn't exist,

1:15:36

my friend, revenue, revenue 18 per cent. No,

1:15:39

but you're taxing final revenue.

1:15:41

And then it becomes financial. There's no

1:15:45

legal provision for ICMS taxation. You

1:15:48

couldn't turn it off, the following:

1:15:51

I don't know anything about that. It has to do with

1:15:53

the money that's so close. RTF source

1:15:57

12973, go up account here, called revenue,

1:16:01

revenue. You have a bank, you stop like

1:16:03

Casas Bahia separates. Okay, if

1:16:05

you stop taxing reforms, and without fairness, right?

1:16:08

The same thing happens with

1:16:10

consignment. And I leave the eggs on

1:16:13

consignment at my friend's grocery store,

1:16:16

Chico Bento's friend. He's going to tax the

1:16:18

creams, saying no ICMS taxation on

1:16:21

acrylics leaving the establishment. And I

1:16:24

was at the beginning of the

1:16:26

revenue realization. It didn't happen. I didn't receive

1:16:29

for what he returned. The risk, there

1:16:32

was no transfer of benefit.

1:16:33

The risk goes more to whoever received

1:16:36

the eggs. The risk is Chico Bento's. And

1:16:40

why am I taxing? Because it's

1:16:41

also convenient, right? We have to,

1:16:44

everyone did everything on consignment. And

1:16:47

if we look at the past, the

1:16:49

old triple ICMS is... Regarding the sales tax on

1:16:51

goods, let's consider

1:16:54

the history of ICMS (Brazilian state sales tax). We understand the

1:16:56

logic of ICMS when we

1:16:59

go back to 1942-46. Tell me, let's

1:17:03

remember, when the tax was created, the

1:17:05

actual profit and the presumed profit. We have

1:17:07

interesting criteria that still apply

1:17:09

today. So, let's look at the

1:17:12

history of the facts

1:17:14

to understand why... And then we start

1:17:16

to say why ICMS... putting all the

1:17:19

considerations... this was already a tradition, this

1:17:23

tradition is evolving

1:17:26

rapidly, which takes a lot of time.

1:17:27

So, looking at the general plantations, the

1:17:29

object is that he has the revenue from eggs, milk, and

1:17:31

fruits. Fifty percent of sales

1:17:33

are from equipment, it is estimated that there is a loss within the

1:17:35

received ten percent. The quarter has a

1:17:37

calculation to learn the cost. Basically, it's

1:17:40

the corn that he used for production. To

1:17:41

receive an environmental fine for raising

1:17:45

an armadillo, he shouldn't be

1:17:49

raising these animals. And unfortunately, the

1:17:50

auditor, or the

1:17:53

auditor Chico Berto, passed this expense, otherwise he

1:17:55

will be fired because if I let him

1:17:57

deduct the fine, right? For a

1:17:59

breach of the law, I am

1:18:01

reducing the punishability of the offense, right?

1:18:05

He has stock, he has the corn in

1:18:07

stock, but the price of corn has fallen.

1:18:09

Oh, wait a minute, so if it has fallen, in

1:18:12

fact I won't recover the

1:18:14

market price of the book, it's below what I

1:18:16

paid, so I won't recover it

1:18:18

by selling that corn. Is that what I paid for

1:18:21

that corn, or is it? What do I have to

1:18:23

do? I have to reduce that

1:18:25

difference. So, the inventory criterion is one thing, the

1:18:28

fixed asset criterion is another,

1:18:30

the body or the counter-receivables from

1:18:33

customers on credit is another. So,

1:18:36

property can be cost or it can be

1:18:38

value. Ju, you realize the size of the

1:18:40

challenge that we face in being present, not

1:18:44

putting it well. I have the

1:18:46

biological assets, chickens, cows, the

1:18:48

fixed assets, by chance, a VW Beetle, the farm, right? And

1:18:50

evolving, well, to do

1:18:54

Chico Bento's calculation, I only need these

1:18:55

accounting pronouncements. I don't need to

1:18:57

do it anymore, just with history, I

1:18:59

have to look at the revenue, according to

1:19:01

CPC 47, costs and expenses, and the 300, right,

1:19:05

deferred taxes, because I have

1:19:06

intertemporal gains.

1:19:08

Oh, and accounting has a thing that

1:19:10

follows, huh? Look, to complete the

1:19:12

famous billion of deferred assets, but my

1:19:17

God, what? This means that

1:19:19

the concept is missing semantics, it's something that does

1:19:22

n't know what it means, it's an

1:19:25

intertemporal tax allocation. And for

1:19:29

me, I think that's a problem because the lack of

1:19:32

technical knowledge can lead to the

1:19:36

deduction that the company has

1:19:38

accumulated wealth that it will recover, and

1:19:40

sometimes that wealth will never happen,

1:19:41

you know? Because there can be a difference

1:19:44

between what the tax authorities understand about

1:19:46

revenue and expenses, which is a very real

1:19:49

gain-based view, and

1:19:52

accounting, which works with potential gains and

1:19:54

unrealized gains,

1:19:58

so it will recognize

1:20:00

potential and realized gains, it

1:20:03

will recognize realized losses, the

1:20:06

costs realized by the actual

1:20:08

and potential gains, and it will also recognize

1:20:11

the potential future loss in the estimate

1:20:13

of the sale of Chico Berto. So

1:20:15

accounting gives you a reflection.

1:20:18

And since you have a potential loss, you

1:20:21

have an expense in the future, so this

1:20:22

could be within the tax authorities' view, as the tax authorities say,

1:20:25

no, you haven't lost everything,

1:20:28

I can't reduce it,

1:20:30

and when you lose it, you can deduct it, you will

1:20:32

apply 34 percent of the value

1:20:35

recorded in the deferred asset. But it

1:20:37

may be that these gains and

1:20:39

losses are due to the

1:20:41

existence of... From the business, you will have a

1:20:43

piece of that deferred asset when the

1:20:46

business exists, it will occur, and when

1:20:49

that gain, for example, appreciation of

1:20:51

biological assets, that big

1:20:53

scissors, I did, that will give you

1:20:55

another one, put now, that you also didn't

1:20:56

gain a cash, an availability, there's no

1:20:58

smell of availability, I can't, I

1:21:01

said that, the

1:21:02

company's accounting, I'm going to say the following, there's no, I'll

1:21:05

put it now, only when the cash

1:21:07

actually comes, or is realized. And then I'm going to

1:21:11

calculate 34 percent of the large culture

1:21:13

and I'm going to calculate the deferred income tax liability.

1:21:17

Hey, and then, look, we have a billion in

1:21:20

deferred tax assets, which is what I'm

1:21:22

going to recover from what I overpaid

1:21:24

today because I didn't pay, and the

1:21:26

future tax that I failed to pay because it

1:21:28

wasn't recorded today. And then we look at the

1:21:30

statements, we say that it's more

1:21:33

difficult to understand, both for students,

1:21:37

these allocations, because accounting

1:21:40

is at such a level based on

1:21:43

economic concepts that it's bringing

1:21:46

intertemporal elements that will impact equity.

1:21:49

Our list is giving a position

1:21:52

of wealth. Today I'm poor. Today

1:21:53

he was a joke, and when my

1:21:55

children were born, I went there and bought a thousand

1:21:57

reais for each one. From Rio, from a stock

1:21:59

that ended with x, and I don't know, I

1:22:02

took it out of the financial system, opened it, there goes

1:22:04

João and Maria's assets, R$ 2000, and I

1:22:07

never did anything again. Then, when João and

1:22:09

Maria were 4 years old, I went to evaluate the

1:22:12

assets. Well, the shares were worth 3

1:22:14

cents. If I had made the Sommer mark,

1:22:17

one of the shares of that company x from

1:22:20

Indonesia, right, the gold movie, right? I'll take

1:22:23

here, give the movie of that gold mine

1:22:24

that didn't actually exist in Indonesia.

1:22:26

Here it became very interesting. If I

1:22:28

had marked in the first month, the

1:22:30

second month, when I saw that there really

1:22:31

was a problem, getting out of that, selling

1:22:33

those shares, I could have recovered

1:22:35

my problem. Everything is with longing. It

1:22:37

gives you the possibility of measuring

1:22:40

metrics to measure your

1:22:42

assets and it occurs in real time. It's a

1:22:45

closer accounting; it doesn't leave

1:22:48

you waiting four years to say, "Look,

1:22:50

friend, sorry, the only thing I have

1:22:52

to give is a hug." So this is

1:22:54

an important item for us to think about:

1:22:56

biological asset, fixed investment,

1:22:59

liability, because I made a loan,

1:23:01

adjustment to present value, which is the adjustment

1:23:03

of the loan receivable. I'm

1:23:05

finishing, professor, two more slides

1:23:07

here, I'll already indicate fair value.

1:23:10

Realized value. What is the amount of

1:23:12

concepts applied? It's not

1:23:14

because it's Chico Bento's farm that they

1:23:16

aren't applied,

1:23:17

and the important thing is the domain, the beauty

1:23:20

that this advice, the photography that

1:23:23

this concept allows us to see of the

1:23:25

assets, right? Chico's doctor job

1:23:27

generated madness, when Chico

1:23:30

is richer, when is he poorer? These are the

1:23:31

questions we will answer: the

1:23:33

transactions carried out, increase or

1:23:34

decrease Chico Bento's stock. What are

1:23:37

the differences between temporary ones that will

1:23:39

impact Chico's assets?

1:23:42

So, if we look here, we have

1:23:44

the revenue, the profit result. Chico

1:23:47

has 843 reais of profit, can I take it

1:23:51

home? No, because here it's a matter of the

1:23:52

concept of wealth, not a concept of

1:23:56

availability. Oh, and that's the right thing

1:23:59

we're going to work on together, all

1:24:01

this embedded dynamic, right? This set

1:24:04

of accounting advice is

1:24:06

experiencing what it's learning, we're not

1:24:09

learning in the learning process.

1:24:10

This was implemented in its

1:24:12

definitive form 10, I would say 9 years

1:24:15

ago,

1:24:16

and we are studying it from the nose,

1:24:18

which is a militant, it

1:24:20

should be with us, Professor

1:24:22

Quiroga, who has been following this

1:24:23

process of... 2008, right then. We're

1:24:27

learning every day, we're learning about

1:24:28

conflicts, right? So it's a challenge for

1:24:31

everyone here, just the vision of

1:24:33

fiscal assets. And to finish, Lucas's

1:24:35

fiscal account for Chico Bento is 2,600, the

1:24:38

computer 1,600, the variation between the

1:24:41

two, right? In this case, you must understand that these are

1:24:43

inter-temporary differences, that are the

1:24:45

Losses and Gains, the recognition, right?

1:24:48

Where do you sell these differences? He lost the

1:24:50

number 700, he had a loss in the

1:24:53

receipt from Beira da Praia of 207, they

1:24:56

had 20 more in the chicken's gain, 20 in the cow's gain,

1:24:59

and even 650, there is a

1:25:01

difference, there is a definitive impact from the

1:25:04

environmental fine. Professor, basically,

1:25:07

to finish, accounting will

1:25:09

leave a set of questions. An accountant

1:25:12

can't have a video alone, but

1:25:13

within this, we have the following, in

1:25:16

the stage, a very interesting taxonomy

1:25:18

that says the following: the question to ask is the

1:25:21

question to ask here, right, fiscal:

1:25:24

what is the fiscal situation, what does the

1:25:27

law require, the specific regulation on the

1:25:31

legal perspective on this type? Is it

1:25:33

correct what I'm doing,

1:25:35

and is there a correct presentation of

1:25:38

reality by my... there we actually

1:25:41

have the creditors who... Shareholders

1:25:45

should have two stakeholders interested in the

1:25:47

information: a

1:25:49

direct or indirect shareholder, and a

1:25:52

convertible debenture. You just have to

1:25:53

request the economic effect. What is the

1:25:56

effect on the economy of these operations,

1:25:59

this recognition, and on the

1:26:02

shareholders' wealth position? I am

1:26:04

allowing full disclosure of the

1:26:06

steps. What is the effect on the

1:26:09

stakeholders involved? In terms of

1:26:10

quantity, not just the bank (let me call it the

1:26:13

bank), but the third party, right? And here is the

1:26:15

creditor and the shareholder. We have the

1:26:18

employees. The demonstration of

1:26:19

added value. Few countries, public, that

1:26:21

we serve, for whom it was, serves, for

1:26:23

those who like to pay taxes, right, employee, right?

1:26:25

The behavioral aspect, why did

1:26:28

the administrator choose this aspect? It's

1:26:30

not enough to say that they will wear it, that they will

1:26:32

use cost or fair value; they have to

1:26:34

bring it up

1:26:35

and say why they chose it, right? And

1:26:39

about the structural aspect, the

1:26:41

specific rules for each

1:26:43

specific situation, apps. And then I say the following:

1:26:45

the professor who will put it in

1:26:48

his closing. Economic Essence, about

1:26:51

the way we live. Today it doesn't work,

1:26:54

but today we live in a world of

1:26:57

accounting totally based on a

1:27:00

pillar, the Economic division. We have

1:27:05

few items dealing with the

1:27:07

cost perspective. The historical context brings to

1:27:10

mind when we lose

1:27:12

our anchor, when we lose

1:27:14

our reference point, we can get

1:27:16

lost. We've lost the edge of the

1:27:19

pool; we're in the middle of the pool,

1:27:22

in the middle of the sea. When we lose our

1:27:24

historical course, we can lose

1:27:27

our reference point,

1:27:28

and this is also very important.

1:27:30

So we can't throw away the

1:27:32

information. The accountant is always

1:27:35

an anchor; we don't lack all our

1:27:38

decisions, right? Look, it was

1:27:41

all based on an anchor. We use

1:27:43

certain norms, and we

1:27:46

have to look at these things to do

1:27:47

this accounting correctly. And

1:27:50

accounting has a motto, right? Accounting

1:27:52

contracts. It's just the anchors that

1:27:54

accounting will be appropriate

1:27:56

for us today. The

1:27:58

essential element, Professor, thank you. I don't

1:28:01

want to go on any longer; it was just an

1:28:03

illustrative figure because here we

1:28:05

have to put it to you to bring a

1:28:07

debate. I appreciate the opportunity.

1:28:11

Hello, I'm Amauri, and we are the ones who are very

1:28:14

grateful. It's always a great pleasure.

1:28:16

Hello, you said you'd like to

1:28:19

chat with us on WhatsApp. The day,

1:28:21

like, I sent a message saying you were bathing the

1:28:23

children during these difficult times, right?

1:28:25

So it's very good to

1:28:27

talk to you through your...

1:28:29

Knowledge, through its depth, through

1:28:33

its ideas, we exchange a lot of

1:28:34

very interesting ideas, Amauri, and

1:28:36

I like it very much because it makes someone

1:28:38

from law pose, which is very much a

1:28:42

critique, perhaps our area isn't seeing, it

1:28:43

just hovers, it doesn't land, I'm not

1:28:45

with the reality, and other sciences are the ones that

1:28:48

effectively touch a reality, that's why it

1:28:50

's very, very good, always listening, always

1:28:52

talking with you, Amauri. We're going to

1:28:55

move on to the question phase now, and I

1:28:59

wanted to encourage our audience to ask

1:29:01

questions. We already have one

1:29:03

question here, actually two, it's from Macho, right

1:29:07

Macho, you forgive me, we're in

1:29:09

charge, we're up,

1:29:11

the right time, privilege in the organization,

1:29:13

I'm going to ask a question before the

1:29:14

question, what are the two kilos

1:29:16

placed here by March, for our

1:29:19

next direction to our

1:29:20

speakers? I wanted to ask what is

1:29:23

the first opportunity

1:29:24

I have to talk here with

1:29:26

Professor Alexandre Evaristo, right, and also with

1:29:28

the professors of yours, also to talk

1:29:31

with us, right, Professor Amauri, and we

1:29:33

are always exchanging ideas. I

1:29:34

participated in several events here with

1:29:36

Queiroga, and he knows that I research

1:29:38

small businesses, I think that the tax on

1:29:40

small businesses and Navigating this

1:29:42

research of mine, it's spreading to

1:29:44

other branches. Why doesn't anyone study

1:29:46

small business law? Nobody

1:29:48

studies it, so I said, "That's great, right?" I

1:29:51

started helping with this, conditional cheese bread,

1:29:52

and so on, and then I went on, and

1:29:55

I even have a

1:29:56

small business lab class tomorrow, about securing

1:29:58

financing for small businesses. Tomorrow

1:29:59

I'll go there to see if Judith... But anyway, what

1:30:02

point did I want to make? I wanted to ask the

1:30:03

question, as you rightly said,

1:30:07

Alexandre, look, it's the

1:30:11

accountant's contact. He has to interpret, right? It

1:30:14

appears in the numbers, but these numbers

1:30:17

aren't objective like mathematics; they

1:30:19

are the result of an interpretation process.

1:30:21

So it's presented in various numbers, and

1:30:24

we have it in the legislation, in reality, and I even

1:30:28

remember the professor's article

1:30:29

that talks about the fiction of

1:30:31

real profit, right? If it doesn't have to be

1:30:33

in the title, that's what's really real.

1:30:35

So we're going down this path, in a

1:30:36

cruel way, an extremely complex relationship

1:30:39

to determine real profit, in such a way

1:30:40

that the small business owner can't determine

1:30:41

real profit, and what does that mean? What

1:30:45

we see and asked is that the small or

1:30:47

medium-sized business owner pays income tax on what

1:30:49

they do through the simplified tax regime, or they

1:30:52

do it through the presumed profit regime, whereas...

1:30:54

Large companies often accumulate losses, right?

1:30:57

Because of the cost of compliance.

1:30:59

We analyze the legislation, and what's

1:31:01

interesting

1:31:04

is that the transition between tax regimes should

1:31:06

be smooth, where the

1:31:08

main tax obligation remains.

1:31:11

I think this smoothness,

1:31:14

when moving from the simplified tax regime to the

1:31:17

estimated profit regime,

1:31:20

doesn't change much in value. This is

1:31:22

important; there isn't a drastic step to

1:31:24

avoid, in a way that encourages people

1:31:26

to stay in the previous regime,

1:31:28

often not expanding their

1:31:30

activity or maintaining what

1:31:33

they expanded informally.

1:31:34

But it seems like it's not

1:31:36

working,

1:31:38

and is it only because of the cost

1:31:40

of compliance, the cost of compliance

1:31:42

fostered by tax legislation?

1:31:46

The actual profit regime is something

1:31:47

extremely complex and impossible for

1:31:50

small businesses to apply. So they get

1:31:52

used to doing all their

1:31:54

accounting and ancillary obligations,

1:31:56

starting very simply, and then suddenly

1:31:58

they have to jump to the actual profit

1:32:01

or estimated profit regime, which is more

1:32:03

complicated than the simple one. Is it

1:32:06

because the actual profit isn't really real, because

1:32:08

the accounting isn't really real?

1:32:10

Mate,

1:32:11

or perhaps we couldn't have

1:32:13

accounting and tax standards that

1:32:17

assume this revenue versus

1:32:19

expense paradigm, and instead stop sending

1:32:21

estimates, starting with that... that... that... that

1:32:24

place... I forgot

1:32:28

the name of the Monica's Gang character,

1:32:29

Maurinho... imagine

1:32:32

that... Bento, I think that's his

1:32:34

name, Maury, he's the character...

1:32:39

and I... Chico Bento, Chico Bento... today, more

1:32:41

than 15 Bento... reading that bunch of CPC... I

1:32:44

saw a song... CP... his power... stay with him... he

1:32:46

goes crazy... so... isn't there a way, in the

1:32:48

same way, with the

1:32:50

tax obligation, it increases, there's

1:32:52

a scaling until the subject... it's

1:32:54

the possibility of effectively growing

1:32:56

their activity, but there's no

1:32:58

possibility of accounting and

1:33:01

tax legislation, from the point of

1:33:03

view of the class, also being

1:33:05

gradual? That's the question I posed.

1:33:08

Thank you very much for being here, I

1:33:10

greatly appreciate your participation,

1:33:12

thank you very much,

1:33:15

Guilherme. I'm the one who thanks you for the

1:33:17

invitation, the question is very interesting.

1:33:20

Indeed, Professor Sueli brings up the myth

1:33:23

of real profit, right? Exactly to

1:33:26

raise this question that, however much the

1:33:29

real profit... It's called "real profit," but it's

1:33:31

not real at all. It's a

1:33:33

calculation methodology like any

1:33:35

other, even though it starts with

1:33:38

profit.

1:33:39

I have a comparison between revenues and

1:33:41

expenses; it's not a true profit.

1:33:44

And in the presentation I gave, I

1:33:46

also emphasized that there's no such thing as a

1:33:48

true profit. The thing

1:33:51

we try to get closer to is

1:33:54

a faithful representation, but we'll

1:33:56

never achieve it. And then I even use a

1:33:58

phrase that professors of faith also

1:34:00

like to use, and let's openly say they

1:34:02

should follow it: it's better to be

1:34:06

approximately right than exactly

1:34:09

wrong. Do you want to take a bit of the idea of ​​new

1:34:10

accounting? Old accounting had

1:34:13

quite objective criteria, but you

1:34:15

were exactly wrong. Today there's

1:34:17

more subjectivity. So you'll be

1:34:20

approximately right to the extent

1:34:22

possible, obviously. This point you

1:34:25

brought up, all small businesses, is very

1:34:27

interesting because in fact there isn't a

1:34:30

bypass valve, a

1:34:33

gradual path. So this phenomenon is created that

1:34:37

we even call Peter

1:34:38

Pan syndrome, right?

1:34:39

The company doesn't want to grow because it will

1:34:42

have much more costly taxation and

1:34:45

may even lead to informality,

1:34:47

etc., as you said. In fact,

1:34:51

accounting in Brazil is like that, and it's a

1:34:56

joke. Which is the country that spends the most

1:34:58

hours filling out

1:35:00

ancillary obligations and

1:35:02

instrumental duties? So we have

1:35:04

very high compliance costs, and the

1:35:08

new accounting also has many criteria that

1:35:10

are often not objective, and with

1:35:13

that comes costs. There's a

1:35:17

premise in the basic conceptual framework

1:35:19

that always says that the cost

1:35:22

of having higher

1:35:24

quality information is what matters. You always have to look at the

1:35:26

cost-benefit ratio; if the benefit generated

1:35:28

is less than the cost, it's not worth

1:35:32

doing.

1:35:33

So there's this premise that's

1:35:37

primarily in our accounting, let's see,

1:35:39

and besides that, we also have a

1:35:42

specific accounting standard for

1:35:43

small and medium-sized enterprises, so there's

1:35:46

IFRS PM, which is the CPCPM here, which

1:35:49

is currently under review. It's

1:35:51

in public hearings, it's under

1:35:54

review for anyone interested, and in

1:35:56

fact, it tries to simplify the standards as much as

1:35:59

possible. So it says, look at the

1:36:01

fair value. Only use it when you're in an

1:36:04

active market where you have an

1:36:06

easier time if the cost is too high, so

1:36:08

you can get this measurement basis,

1:36:10

maintain the historical course. So there is,

1:36:13

in a way, a

1:36:16

transitional accounting standard, but the concept of...

1:36:19

PM, whoever is doing the accounting, is

1:36:22

totally different from the concept

1:36:23

we have. A simple one, you know, we

1:36:26

have micro-enterprises and

1:36:28

small businesses that go up to 4

1:36:30

million and eight hundred thousand. The CPC PM is

1:36:33

and does not qualify as a

1:36:35

large company. A large company is defined as one that

1:36:38

invoices more than 300 million per year and

1:36:40

has assets of 240 million. You've already

1:36:43

finished, it goes up to that amount, which is

1:36:46

gigantic, right? But even so, there are

1:36:49

quite interesting

1:36:51

accounting articles that show that although

1:36:54

the CPCPM (Brazilian Accounting Standards Committee) had its initial adoption in

1:36:57

2010, very few companies will adopt it because

1:37:01

in practice there are several problems in the

1:37:04

program. Even

1:37:06

accounting firms

1:37:08

are often not prepared; the computer

1:37:11

learned according to the

1:37:13

old standards, not that this update is necessary. It's

1:37:16

also part of Brazilian culture that

1:37:18

sometimes sees the computer as an

1:37:21

obstacle or a mere filler of

1:37:24

ancillary obligations when in fact

1:37:26

the computer has a very

1:37:28

strategic role, right? Because you can't

1:37:30

manage a company without having a basic understanding

1:37:33

of its results and its balance sheet.

1:37:35

So, commutability

1:37:38

has this issue that it needs to be

1:37:40

valued, and that's partly due to the

1:37:44

computers themselves, which have a

1:37:46

much more important role in the

1:37:47

North American and English markets. But in

1:37:50

fact, there are the costs of implementing FS (Financial Services) and

1:37:53

many courses that are implicit even in the

1:37:56

CPCPM. The education courses,

1:37:59

etc., it's hot, it's not ready

1:38:02

yet, but on the other hand, there's that

1:38:05

issue: we have to wait

1:38:07

to implement an international accounting standard

1:38:09

until we're

1:38:10

prepared, this one will never be

1:38:11

ready, it's like a child, right? Are you

1:38:15

ready? So there's the issue of it being

1:38:19

an international movement of

1:38:21

internationalization, convergence. In the

1:38:23

last decade, it had to be pushed,

1:38:27

we had to do it by force, and we have to get used to it.

1:38:29

Obviously, it will go through

1:38:32

a process, a

1:38:33

cultural dance, I think that's the

1:38:35

main point. It is, in fact, a

1:38:38

cost to buy, this high, even having

1:38:40

CPCPM, and to overcome

1:38:45

this challenge, we will need

1:38:47

cultural changes that will involve

1:38:49

not only accountants, consultants,

1:38:51

businesspeople, but also legal professionals to solve it.

1:38:54

Thank you very much, and I hope that it is up to you,

1:38:58

you know that we have

1:39:01

our Master's student in the audience,

1:39:03

the companions who are researching this

1:39:05

about real profit comparing it with the

1:39:06

legislation of Portugal, I also have

1:39:07

hibiscus, which I put here.

1:39:10

Thiago doesn't

1:39:10

participate here sometimes, he's with us too,

1:39:12

thank you very much. I'm going to ask

1:39:14

Marcio Mix Sushi's question now, I think. What

1:39:18

is this, right? Big hug, two bubbles at once,

1:39:21

those are related to

1:39:23

accounting, seeking

1:39:25

international harmonization, in the search for a standard,

1:39:28

what is the expectation for

1:39:30

international tax harmonization?

1:39:34

Hi, and he continues with another question: in the

1:39:36

context of a globalized world and

1:39:38

digital economy, in the near future,

1:39:41

can we think about

1:39:44

global tax legislation here at the top, in the

1:39:46

digital economy? I wanted to remind you that this

1:39:47

was the theme of our seminar, of our

1:39:50

last webinar, which fit quite well

1:39:52

there, which you

1:39:54

gave me, but it was done here, right? Comparing the

1:39:56

issue of globalization in accounting,

1:39:58

he said, would there be a possibility of

1:40:01

tax globalization? I don't know if

1:40:04

our dear friend, I am Quiroga, could you

1:40:07

touch on this subject a little? Yes, I

1:40:11

can, Guilherme, I can. I

1:40:15

think, well, I think, utopian, imagine an

1:40:20

international tax harmonization, okay? I think the most

1:40:23

we will achieve are these

1:40:26

harmonization mechanisms that came with

1:40:29

IFRS, and with all the defects that

1:40:32

I mentioned, they were

1:40:34

introduced, right? So, with all the

1:40:37

problems, right? As I said, this whole

1:40:39

international accounting system

1:40:41

came to Brazil, even though its origin is

1:40:45

countries that tax the so-called

1:40:48

balance sheet. Consolidated when in reality

1:40:50

we transport individually, which

1:40:52

already creates some imperfections,

1:40:54

so I think it's very difficult in practice to

1:40:58

achieve an

1:41:00

international accounting organization. I think it's utopian, really. To

1:41:02

be quite objective

1:41:04

in my answer, I think we'll never

1:41:06

reach that point; it's just an idea, an

1:41:09

ideal thing. I think we'll

1:41:11

never achieve the objectives. I

1:41:13

think we can reach them at most through

1:41:15

these

1:41:17

standardization methods, as is the case that we

1:41:20

adopted, but always respecting the

1:41:22

sovereignty of each state. Of course,

1:41:25

this can still occur in economic blocs. Let's

1:41:27

imagine I'm in the

1:41:30

European Economic Union. Of course, I can

1:41:32

have an economic bloc standard. But

1:41:36

outside of that, I really don't see that

1:41:39

possibility.

1:41:43

I'll call Mr. Quiroga, the pressure is on,

1:41:47

Amauri, and I'll pass on your

1:41:48

question, okay? It's from Caio

1:41:50

Vieira: in the absence of

1:41:53

specific regulations, do accounting methods and criteria

1:41:55

help or hinder the correct

1:42:00

qualification of

1:42:01

hybrid financial instruments for tax purposes?

1:42:09

And nothing, in fact, we are the taxation... I

1:42:15

'll cite here the work of Jorge

1:42:17

Vieira, our friend, a scholar of

1:42:19

accounting, who works on the figure of

1:42:22

hybrid financial instruments. It doesn't use... it's not... it's

1:42:23

not something peculiar, it's not

1:42:28

something so recurrent either, right? For us to have a

1:42:31

volume of this type of operation,

1:42:34

that's not the cost of this type of

1:42:36

operation, basically, a reserved area...

1:42:39

let's be much more honest, but it

1:42:41

limits more or less, my friend, companies in

1:42:43

Brazil, and I wanted the capacity to invest in a hybrid

1:42:46

nature title, right? The

1:42:49

first difficulty exists on top of the

1:42:51

complexity in the very mind of the duration of this

1:42:53

type because they have a reason to have a...

1:42:55

they have a decision, right? Not

1:43:02

made, because in their... in their curve, they

1:43:06

can decide to redeem the equity value,

1:43:09

right? To become a shareholder, and in a certain

1:43:13

way, we will have to, in a certain way,

1:43:15

seek some technical support in the law, right?

1:43:17

For the valuation of

1:43:21

potential capital gains, right? Because today, in the

1:43:23

issuance of debentures, even when we start, you already

1:43:25

have this... you already have a

1:43:27

tax treatment, but it's a hybrid nature title

1:43:29

that, my friend, isn't

1:43:32

very concerned with the issue of

1:43:34

taxes, right? I think that taxes, in

1:43:38

fact, we are talking about those

1:43:39

courses on income, right? I think that's what

1:43:41

accounting is concerned with

1:43:43

taking a snapshot, and the criteria

1:43:45

are adjusted, but I like to use

1:43:48

a non-pejorative way, but... So, the

1:43:51

quantity is there, photographing and

1:43:54

taking the best picture of this

1:43:56

investment, this debt, this type of

1:43:58

debt. A guy who was patrimonial,

1:44:00

if this portion of "Ciganinha"

1:44:03

realized in its conversion, this large amount is the

1:44:05

same thing as options. A company that

1:44:07

has an offer

1:44:09

for its executives and doesn't have shares on the

1:44:12

stock exchange, right? And it can use a

1:44:15

virtual parameter, right? And at this moment, the

1:44:18

tax authorities themselves are having some

1:44:20

difficulty in dealing with options.

1:44:23

So I see it as a challenge, a

1:44:26

challenge for the tax authorities themselves, but in the adoption

1:44:29

of international standards it became quite

1:44:31

clear, right? And every innovation that

1:44:34

accounting implements in its

1:44:36

accounting pronouncements, at first,

1:44:38

falls under the regime of

1:44:40

neutrality until you come and

1:44:43

standardize, for example, the figure of the

1:44:46

goodwill of the tax office 12973 with its sub-

1:44:50

accounts. You can account for it, but

1:44:52

you will have to show the effect so that it

1:44:54

doesn't go up in the account, right? So I would

1:44:58

say to you that the tax authorities will

1:45:00

always be one step behind accounting, right?

1:45:04

Accounting is trying

1:45:07

to reflect the ingenuity of

1:45:09

the company's financial instruments,

1:45:12

new forms of business,

1:45:14

virtual currencies. Before we... So, let's go to...

1:45:16

Regarding the taxation of

1:45:18

virtual currencies, the same thing happens with money, we've

1:45:20

lost our bearings, we've lost the anchor,

1:45:22

right? The previous question was quite

1:45:25

interesting, you addressed

1:45:27

this very well because we can't

1:45:29

simplify it. And I'm not

1:45:32

going to take this opportunity, but we can't

1:45:34

simplify

1:45:36

Brazilian legislation, right? So I see that one

1:45:39

thing, then, simply put,

1:45:42

presumed profit and actual profit, is difficult. Because

1:45:44

unfortunately, I challenge

1:45:46

anyone in the audience to tell me what

1:45:48

the ancillary obligations are that

1:45:50

a company performs daily in the

1:45:51

presumed profit regime. I also ask

1:45:53

someone here to calculate, for example, the

1:45:56

amount of ice cream leaving São

1:45:59

Paulo and being sent to Mato Grosso, which

1:46:02

shows the complexity of our situation until we

1:46:05

migrate to a simplified model.

1:46:08

Ah, and I'm also a bit of a

1:46:10

topic because I'm speaking a little from

1:46:13

my perspective as a professor. I look, for

1:46:16

example, at accounting, which suffers today from the

1:46:18

devaluation of the profession,

1:46:20

firstly because we haven't invested in the

1:46:22

capital market. We've invested in

1:46:25

savings, leaving 800 million in the

1:46:27

market that we present to

1:46:29

ourselves. I wanted information from the company that

1:46:30

breaks the symmetry, it's accounting, it's the

1:46:33

accountant, he's seen with that money

1:46:35

that orders something to be erased, never to send something

1:46:37

to,

1:46:38

and we naturally create an aversion to

1:46:41

that contact. So this transmission, for

1:46:44

example, of the look, but people do it in the

1:46:46

simplified tax system, it's simple to put a guide, I challenge

1:46:48

you to calculate for a company that

1:46:50

has three activities, two of services,

1:46:53

right? Four and one of commerce, calculate

1:46:57

for me here now, it invoices 100,000, that's what

1:46:59

you need, we can't

1:47:01

look at the tax and say how much I

1:47:03

owe later because, because we made an

1:47:06

option, unfortunately sadly, in Brazil, it's

1:47:10

Tex Tex, a little bit, it's visible,

1:47:14

as they say in law, I believe there

1:47:15

must be more or less, Sarah, we didn't,

1:47:17

we opted for simplicity, right? So it's

1:47:21

difficult to make the transition because we

1:47:23

are crushed, waking up in the middle of the night

1:47:25

with ancillary obligations,

1:47:27

the SPED Fiscal, SPED Contábil, SPED

1:47:30

Contribuições Social, and Financial, Administration

1:47:33

and Accounting, 35% of the time of

1:47:38

an average company is spent doing obligations. In

1:47:41

other words, I must tell you, no

1:47:44

problem for them, I don't want to elaborate on

1:47:45

this aspect, I think that's it.

1:47:48

Accounting, if it's beautiful, is useful, which is what [the author]

1:47:52

put very well, right? It

1:47:54

allows us to look at things from this perspective. So, there are no

1:47:57

good deals without good

1:47:58

accounting, no matter how small a company is.

1:48:00

A company that invoices 30 million

1:48:02

reais and mentioned presumed profit, but I remember,

1:48:03

excuse me, it's 100% of the

1:48:07

product that is imported, or a company, for

1:48:08

example, that I know, family, was 100% of

1:48:11

its product imported,

1:48:13

please, 30 minutes ago.

1:48:14

And then I say the following: what about the effect of the

1:48:18

Euro exchange rate variation causing

1:48:20

too much erosion? How do I pass on the

1:48:22

exchange rate variation to a company under the

1:48:25

presumed profit regime? The market exception, the father, is it

1:48:28

easy? How do I do a head, a pants, a

1:48:31

swap? It's very nice to talk to a

1:48:33

small company that's borrowing from the bank, the

1:48:36

bank doesn't know how to do the chicken.

1:48:38

And that's what you can get to the certainty

1:48:40

that I don't think... I think the

1:48:42

following: the criteria will

1:48:44

improve as the demands will

1:48:46

reach accounting. I think it worked, going back to the

1:48:48

tax authorities, there are many good people,

1:48:50

many competent people working on this,

1:48:53

but I think it doesn't go beyond

1:48:55

many issues, issues related to

1:48:57

agile and its related to

1:48:59

business combinations, issues of options,

1:49:01

financial instruments, there are... A

1:49:04

normative instruction from 2015, right? And it tries

1:49:07

in a certain way, without systematizing this,

1:49:09

so I would look at this... I don't have an

1:49:12

answer for you to look at it, just

1:49:14

get the professor...

1:49:16

and I thank you, but sell it to your

1:49:19

Amauri. By the way, Tiago, who I'm not,

1:49:22

wasn't sending it via WhatsApp, I'm not

1:49:23

Amauri, okay? Calm down, after you

1:49:25

need me, Amauri, to exchange a lot more

1:49:26

ideas, right? Great, the

1:49:31

next question is from Charles, right?

1:49:36

I said Caio, Charles Cioffi. I

1:49:41

think I'll do it for you,

1:49:43

Alexandre, how to get how many

1:49:46

changes in accounting,

1:49:48

constant changes in CPC 61 tax law,

1:49:51

we can live with so many adjustments in the

1:49:54

moon, the growing legal uncertainty,

1:49:57

and this is a very interesting question. Because

1:50:00

in fact we have had many changes

1:50:01

in recent years, there's CPC 47 on revenue, 48

1:50:06

instruments were born, 06 R2 on

1:50:08

leasing. So what was the

1:50:12

decision of our legislator there with

1:50:14

12973? It was for neutrality if there is a

1:50:16

change of criteria with W resulting from

1:50:19

this new accounting standard. So it will be

1:50:22

neutrality, consequently in

1:50:24

New adjustments.

1:50:26

Hi, and that's an interesting question.

1:50:30

The number of adjustments

1:50:33

today is so large that a team from the

1:50:37

Federal Revenue Service, headed by Cláudia

1:50:39

Pimentel, conducted surveys and found that

1:50:41

if you take a company, there

1:50:42

are over 300 possible

1:50:45

adjustments. And then they're proposing a

1:50:47

new real profit method, precisely to

1:50:49

try and move away from this new

1:50:51

accounting system. They're proposing the

1:50:54

creation of a fiscal income statement.

1:50:56

So this is a problem that's

1:50:59

bothering a lot of people, Charles. And then there's

1:51:03

a possible proposal to

1:51:05

change our real profit criteria

1:51:07

with this new real profit method, which will be

1:51:09

based on a fiscal income statement. It's almost like

1:51:13

having a new accounting system,

1:51:15

although it's accounting

1:51:18

this month, you have a statement next to

1:51:22

the income statement,

1:51:23

a

1:51:24

fiscal income statement,

1:51:26

and there are pros and cons. It's a topic that was being

1:51:29

discussed a lot in the past. Cláudia

1:51:32

took this issue to several forums,

1:51:34

but there's still no bill in place.

1:51:37

But with the

1:51:39

pandemic and the somewhat broader reform,

1:51:42

this... The subject ended up

1:51:45

being put on hold a little this year, although

1:51:47

I imagine they are working on it,

1:51:49

but it shows concern about these

1:51:53

accounting changes, right? Because they can

1:51:55

generate this environment of insecurity

1:51:57

given the quantity and number

1:51:59

of adjustments. I think that's

1:52:01

point B. Professor Guilherme,

1:52:05

thank you very much for your Alexandre, you

1:52:08

took it now, and I'm going to pass the next one

1:52:09

to Your Excellency. It's from Douglas, right?

1:52:14

Douglas Dias, it's interesting from an

1:52:17

interdisciplinary perspective and to expand the

1:52:20

reasoning and methodologies of

1:52:22

accounting law, right? Managing to speak accounting law,

1:52:24

if so, in what way? Well,

1:52:29

I'm a fan of

1:52:31

interdisciplinarity. I think that

1:52:34

nowadays it's very difficult to have

1:52:37

full knowledge if you

1:52:41

only worry about understanding the phenomenon

1:52:44

within one science. The fact that I'm a fan

1:52:47

of interdisciplinarity doesn't mean

1:52:49

that I understand that you can mix

1:52:51

things, that is, the

1:52:53

scientific knowledge of one thing is from one area,

1:52:57

you can't mix it with the

1:52:58

scientific knowledge of another, but

1:53:00

you can nourish yourself with this

1:53:03

knowledge from other areas, in the case of what is

1:53:06

called accounting law,

1:53:09

why has it been called that

1:53:11

way? Because since Law 6.404 of

1:53:15

Credit 1598, several Accounting standards

1:53:20

or accounting procedures,

1:53:22

accounting processes, have become legal norms and

1:53:25

consequently have been codified. That's

1:53:28

why we talk about

1:53:29

resistance to accounting law,

1:53:32

and this expression is also heavily

1:53:34

criticized, because it's true that

1:53:36

we start separating everything into boxes

1:53:40

and wanting to study everything as miniatures of

1:53:44

law when in fact law is one thing;

1:53:46

it must be analyzed

1:53:49

systemically and therefore broadly. But just

1:53:52

as a methodological study, in the study of the

1:53:55

idea of ​​having a

1:53:56

didactic knowledge of practice, it can be

1:53:58

interesting to do this study,

1:54:01

right? And I think this

1:54:04

interdisciplinarity that we are

1:54:06

talking about is important precisely so that

1:54:08

you seek, in other sciences,

1:54:13

knowledge that you don't have in the

1:54:15

same one that you are eventually

1:54:18

developing in your work. Now, I don't

1:54:22

think that accounting law will

1:54:24

become a discipline of its own,

1:54:26

didactic autonomy, simply

1:54:29

a way of speaking that has become very

1:54:32

fashionable,

1:54:32

but it's not necessarily

1:54:36

something that will become effective. The

1:54:39

important thing is to know that there are

1:54:40

accounting standards and

1:54:43

accounting procedures that have been codified and have

1:54:46

become legal norms, which is why

1:54:48

they are important and should be

1:54:50

analyzed by... "So, lawyer, in this way

1:54:56

I'm going to call your canoe, it's coming to be born.

1:55:00

We're getting a little bit closer to

1:55:01

the end of our event, trying to stay

1:55:06

within our two-hour schedule, and I

1:55:08

apologize to those I haven't been able to

1:55:10

answer. There are many questions that

1:55:13

appear, very interesting, right? And in such a

1:55:17

way that there are several

1:55:18

interesting ones here. I already mentioned that water in the very

1:55:20

same, you see, Tiago, our

1:55:21

student sent several questions here. Ah, I... I'm

1:55:25

going to pick one here. I don't know if

1:55:28

Alexandre or Amauri would donate a little...

1:55:32

I confess here, in Cruzeiro, ignorance

1:55:35

about his question. Okay, I'll formulate

1:55:37

the question like this: Could someone please

1:55:40

elaborate on the role of FASB (

1:55:43

forget 52) ​​and its adoption as an

1:55:46

international standard?

1:55:48

Amauri or Alexandre would be the jack-of

1:55:52

-all-trades,

1:55:56

and they don't do it today with... I guarantee...

1:55:59

tractorbenz... this subject, right? In

1:56:01

fact, you have two

1:56:03

international institutions, right? One that, in a

1:56:05

way, is more pioneering because of the

1:56:08

crisis of 1930, right? So, in a certain

1:56:12

way, it organized itself in the organization of

1:56:15

accounting standards, right? Because there was a

1:56:18

booming capitalism, right? It's a little bocetinha." It does

1:56:21

n't mean that the rest of the world did

1:56:22

n't also practice the back part of the

1:56:24

South American system, and it also had

1:56:27

an important cultural aspect, which the

1:56:29

private sector itself created, right? It was the

1:56:32

system for allocating resources, they

1:56:34

built the infrastructure, and they

1:56:37

started from this idea that people

1:56:39

had to finance, right? The companies, and in a certain way,

1:56:42

I needed to report the

1:56:45

information that the companies... And then

1:56:46

it developed at a certain

1:56:48

speed, right? Over time, it has a

1:56:52

very interesting history, right? Yasmin,

1:56:55

actually, they...

1:56:56

the Iain of 1970, which basically was

1:57:00

when the European Community, with

1:57:02

the rest of the world, created the

1:57:05

organization that is Yasmin, right? It gave a

1:57:07

certain way against the table of ideas

1:57:09

from each one, type of skill, right? Its

1:57:12

accounting based on the model is very

1:57:16

strong, Italian normative, very much

1:57:19

that following figure, and the

1:57:23

American building an accounting

1:57:25

with intuition, more market, more

1:57:29

empiricism, teaches this institution, it

1:57:32

asked for a certain strength, and today it

1:57:34

has a process of convergence, right? If I'm

1:57:37

not mistaken, can you help me

1:57:38

remember some pronouncements, if I'm not

1:57:41

mistaken, pronouncements of revenue, and I

1:57:43

have a name, I don't remember now, you have to...

1:57:45

Two or three forces are starting

1:57:47

today, there's a moment of convergence

1:57:49

now, but there's also this dispute, right? The

1:57:52

American market is 100

1:57:54

percent PVC when you look at the criteria of the

1:57:56

Empire, my uncle, for example, the American

1:57:59

sect, some things, right? The

1:58:02

Euro-American doesn't accept it, the European

1:58:05

accepts it, the European is an asset valuation,

1:58:09

the American thumbs down and gets out of that, it can

1:58:11

manipulate the result.

1:58:12

And Brazil doesn't accept it because,

1:58:14

understanding, there's a kind of break, so

1:58:17

when I report, you'll see

1:58:19

that there are some differences and some I wouldn't

1:58:22

say, right? These

1:58:24

international organizations will conduct themselves well, and

1:58:27

today I would say to you that there is a lot of

1:58:29

similarity. I think it will answer

1:58:30

complementary questions. I'm

1:58:33

speaking very briefly here

1:58:35

because Professor Maria's comments

1:58:37

were excellent, right? But I think the

1:58:39

main point is that Fábio played a

1:58:43

very important role, as

1:58:45

Professor Amauri highlighted. He

1:58:47

had a role in disseminating information and

1:58:51

reducing information asymmetry in the

1:58:53

largest capital market there, and

1:58:55

especially after the creation of their CVM (Securities and Exchange Commission),

1:58:57

which was right after the

1:59:00

1929 crisis, but it's an accounting system that it

1:59:03

became. Very strict, right? So she even

1:59:06

went over the accounting standards, which were

1:59:08

quite lengthy, and consequently,

1:59:11

when you create rules, you create

1:59:13

potential problems. The possibility of you circumventing

1:59:15

those rules, following those

1:59:16

rules, and not necessarily expressing them

1:59:19

in the best economic way, is where

1:59:22

some problems arose, which were

1:59:24

the accounting scandals. The law from the beginning of

1:59:26

this century

1:59:27

and IFRS accounting, which is already more

1:59:30

principled and already had this idea of

1:59:32

being a more international standard, even though its

1:59:35

source is English accounting, right?

1:59:37

But it had the idea of ​​being

1:59:41

more internationalized, it's more

1:59:43

principled, with

1:59:45

shorter standards that create more subjectivity. The person

1:59:48

responsible is the preparer of the

1:59:50

financial statements, and it ended up gaining ground

1:59:54

with the accounting scandals, and then it

1:59:57

was adopted by the European Union, etc.,

2:00:00

so it gained strength by being adopted

2:00:02

in several countries at once. So

2:00:05

these are points that were very positive

2:00:07

for, how to say, the IASB to win

2:00:11

this battle, and this battle was

2:00:14

won when the American body

2:00:17

began to admit that

2:00:19

foreign companies—which, you understand, are republics—

2:00:21

and IFRS, which is what

2:00:23

Brazilian companies do, for example, have

2:00:25

shares there.

2:00:26

Well, in recent years there has been this

2:00:29

rapprochement, Professor Amauri

2:00:32

said, "It's a flirtation, right?" I

2:00:35

produced accounting standards, the

2:00:37

standard itself. Regarding revenue accounting,

2:00:39

IFRS 15 shows a standard with

2:00:42

many details, a new and significant one. It

2:00:45

was one of the areas that originated from

2:00:47

this flirtation, but in the end, it ended up

2:00:50

distancing itself again, and it ended up

2:00:53

just being a tree. But this

2:00:56

relationship ended up prevailing over

2:01:00

some standards that were produced throughout

2:01:02

this decade. So this

2:01:04

rapprochement is welcome, right? Because it's

2:01:06

an important body, a phase with its

2:01:08

historical importance, even though it

2:01:10

has this more rule-oriented character and with

2:01:13

larger standards. I think that's

2:01:16

basically it.

2:01:19

Thank you very much. My name is

2:01:24

Evaristo. As I said, we're almost at

2:01:26

our scheduled time. I'll

2:01:28

pass the word to our

2:01:31

audience once again. Our enormous audience, and it

2:01:34

's very participatory. We thank

2:01:35

those whose videos I couldn't include

2:01:37

here, the questions from our

2:01:39

speakers, it was great to be here with

2:01:42

you. I'll pass the word to our

2:01:45

dear friend and colleague, Dr.

2:01:46

Alexandre, leaving Naoki

2:01:48

Nishioka to do

2:01:51

his work. Thank you very much,

2:01:52

Professor. Actually,

2:02:00

we should congratulate the

2:02:04

audience here. We've been with you all this time because of the

2:02:08

quality of the questions that have been asked.

2:02:11

I offer this thanks on

2:02:13

behalf of the doctor, who was a

2:02:17

long-time advisor to the

2:02:20

National Financial System Resources Council and holds a Master's and Doctorate from

2:02:23

our University of São Paulo.

2:02:25

Interestingly, he was a

2:02:27

classmate of my father's at Largo

2:02:30

São Francisco, USP, in

2:02:33

1970. Many thanks to the audience, especially the speakers,

2:02:36

and also to

2:02:41

the monthly speakers,

2:02:43

Professor Guilherme, for his didactic approach and the

2:02:49

profound insights he gave. Beyond that, he delivered

2:02:51

three lectures,

2:02:52

and how did they all interconnect? And

2:02:55

what's even better, they were all combined in

2:02:57

no way beforehand. So,

2:02:59

congratulations on the quality of your words,

2:03:02

Professor Alexandre Evaristo Pinto,

2:03:05

Professor Roberto Quiroga Mosquera, and

2:03:09

Professor Amaury José Rezende.

2:03:12

I return the floor to

2:03:14

Professor [Name], and to conclude,

2:03:16

our heartfelt thanks to everyone

2:03:25

in the world. Guilherme,

2:03:30

once again,

2:03:35

thank you all. We'll meet again here in about

2:03:38

15 days, probably regarding the

2:03:40

taxation of cooperatives. Right, by the

2:03:41

orishas, ​​another table, the speaker of the

2:03:45

status that we have seen here,

2:03:47

thank you very much to everyone.

2:03:49

Andthen...

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