MG hotels go to court to ask for refunds of billions of reais

MG hotels go to court to ask for refunds of billions of reais
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Currently, the estimate is that 20% to 25% of small hotel businesses in Minas, covered by the Simples Nacional taxation regime, are operating in the red. The information is from the Minas Gerais Association of Leisure Hotels (AMIHLA).

Faced with this scenario, the entity announced that it will file a legal measure, at the federal level, requesting the refund of the tax amounts paid by these hotels, inns and hostels in Minas Gerais in the last two years. The justification? The Events Sector Emergency Resumption Program, known as Perse, which has offered tax exemption to the segment since the pandemic, left out all these ventures. In the State alone, around 70% of CNPJs in the hotel and tourism sector were not included, according to a survey by a legal consultancy, carried out at the association’s request.

According to Alexandre Santos, president of AMIHLA, this exclusion from Simples Nacional do Perse accommodation facilities was determined in a 2022 normative instruction from the Federal Revenue Service. “The Revenue does not have the power of law; She is not a legislator. It can regulate how it can be done, for example… What is the deadline for delivery, where to deliver it, whether it is electronic or sent physically. That is their responsibility to regulate”, explains Santos.

For the president of AMIHLA, the Competition Law was harmed in this context. “Small hotels suffer as much as others, but they have no capacity to recover because they pay taxes normally. Adults are exempt. The main core of this action is to seek this parity in taxation for everyone who works in the same segment”, he states.

Currently, the action is ready and in the distribution phase at federal level, according to Santos. Next Tuesday (7/5), during the 3rd edition of the AMIHLA Congress, at the Tauá Resort, in Caeté, businesspeople in the segment will be able to access the details of the document and sign it together with the association. The action calls for the expansion of the Perse benefit to all these establishments that were initially excluded from the program.

The president of the association estimates that, considering the revenue of the more than 15 thousand CNPJs in the segment, the tax waiver value would reach billions of reais in five years. “We want compensation for what was paid and should not have been paid”, says Santos.

He says he knows that the legal process could take even longer than the program would have to extend, but that these values ​​could, in the future, be returned to the companies, bringing financial relief. “It is important to highlight that the association strongly defends the competitiveness of the sector; believes in the potential of tourism and hospitality as a major driver of the employment market. The share of tourism in the GDP of developed countries is double that of Brazil”, highlights Santos.

After a struggle between Congress and the government, which wanted to end the program, Perse ended up being maintained, but with some changes. Of the 44, the sectors covered fall to 33. There will also be a spending limit of R$15 billion or a maximum deadline of December 2026. The new text will be subject to approval by the presidency.

Wanted by the news report The timethe Ministry of Finance said it will not comment on the case.

Hospitality on the move

During the congress, AMIHLA will launch the ‘Hotelaria em Movimento’ project, to train more than 10 thousand workers, from 2024 to 2026, in essential areas of the hotel industry in Minas Gerais. The program will cover online and in-person training in several cities across the state.

Currently, it is estimated that there are more than 25 thousand vacancies open in the sector in Minas Gerais and 1.5 million in Brazil, due to the lack of qualified workers.

The congress is open to members and guests. Single tickets are available on the Sympla website for R$250. To register and obtain more information, visit the website: https://amihla.com.br/lp/

SERVICE:

3rd AMIHLA Congress
Date: Tuesday, May 7, 2024
Opening hours: From 8:30 am to 8:00 pm
Location: Tauá Resort Caeté, Minas Gerais
Registration: https://amihla.com.br/lp/

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The article is in Portuguese

Tags: hotels court refunds billions reais

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