Recovery of unduly paid taxes: what the Tax Authorities don't tell you

Amid the complexity and rigidity of the Brazilian tax system, it is common for companies to end up paying more taxes than they should. This silent and recurring reality represents a billion-dollar loss for the productive sector. According to a study published by the Advocacia Fagundes portal, Brazilian companies end up wasting up to R$50 billion per year in taxes paid unduly — often due to errors in tax classification, incorrect application of tax rates, lack of knowledge of legal benefits or simple calculation errors.

The problem is aggravated by the fact that the tax authorities often do not actively inform about the right to refund or offset these amounts. This means that the recovery of these taxes depends on the taxpayer's initiative, supported by a technical and specialized analysis. It is precisely at this point that tax planning and specialized legal advice become essential. By analyzing the last five years of the company's tax transactions — the legal deadline for recovering credits — the tax lawyer can identify amounts overpaid and propose administrative or judicial refund or offset.

In addition to recovering resources that can be reinvested in the business, this type of consultancy prevents the repetition of errors and improves the company's financial health in the medium and long term. Companies that adopt strategic tax management, with constant legal support, are able to not only boost cash flow, but also maintain legal compliance and significantly reduce the risk of future fines.

Tax recovery, therefore, is not a benefit restricted to large corporations or exceptional cases: it is a concrete and recurring opportunity for companies of all sizes, especially in sectors that deal with more dynamic tax regimes, such as commerce, industry and services. What the tax authorities do not offer, well-guided legal consultancy delivers — with ethics, technique and security.

Source:

advocaciafagundes.com – Accessed in 2025