During the last five years, i.e. from 2018 to 2022, those who paid child support can apply for the refund of the money. The Federal Supreme Court (STF) declared the tax-free about these payments.
The statement was issued on October 7th by the Federal Revenue Service, clarifying that the return occurred through a rectifying declaration. Based on this news, we separate how you can review this money. Understand the process below!
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See step-by-step how to refund money paid in child support tax
Steps of the refund process:
Judgment
Prior to the judgment that ended on September 30, income tax was levied on alimony. However, after the judgment, Minister Dias Toffoli considered the taxation unconstitutional, as it goes against the rights of those individuals in social vulnerability.
In this way, the STF determined the impossibility of collection. At the beginning of October, the Union, in an attempt, sought to prevent the retroactive, but without success.
Impact
This decision will result in the non-collection of R$ 1 billion per year in public accounts, according to the Attorney General's Office (AGU). This value may have greater proportions in cases of pensioners who had the tax collected by the government. According to official government sources, the estimated impact on public coffers with overpayments could reach up to R$ 6.5 billion over the next five years.
Rectification
For payers from 2018 to 2022, the amending statement prepared for the year in question to undue collection or retention, must be sent through the Declaration Generator Program, in the e-CAC portal, or through the “My Income Tax” application. As for the alimony amount, it must be excluded and the option 'Exempt and Non-Taxable/Other Income' checked, specifying "Alimony".
However, the other information must be completed. We remind you that it is essential to keep all receipts with the values of the declarations, including in the rectifier, as they can be requested for verification until the prescription of tax credits occurs involved.