Holding no terceiro setor e a imunidade tributária

Abstract

The Corporations Act provides for the establishment of controlling and controlled companies, notoriously known as the doctrine Holding and Operating, these expressions that have originated in England and the United States. Attempts to demonstrate that the system of controlling and controlled regarding the business companies is applied to Social Interest Entities Third Sector, such as civic associations and nonprofit social, and private foundations, assuming the same Holding position, with effective exercise control, directly or through another company of one or more subsidiaries, including business corporations. The corporation formed by Social Interest Holding and subsidiaries entrepreneurs seeking to achieve positive economic results, revenues and surpluses, such as maintenance and development of its principal purposes mechanism, but is totally uninterested in profit-making as a means of distributing wealth among its officers or members, enabling you to verify the absence of entrepreneurial character. Still tries to show that the tax immunity inherent in the tax Social Interest Entity disposed in the Constitution, understood the property, income and services, can be extended to subsidiaries entrepreneurs from exercising economic activities related to the essential purposes of the Holding and reverse the positive economic results, which imposes limits on Corporate Structure, on the principles of reasonableness and proportionality. Enable free or more affordable to the population, but not modest, due to the good pleasure of immunity, no meaning without authorization backers to vilify free competition and economic order. Even as the mens legis own presumed dominance of the market when it has the capacity to alter unilateral or coordinated their conditions, or control 20 % or more of the relevant market, this percentage may be modified by Cade discretion, to specific sectors of the economy.