May 24, 2021 - Thiago Braga

Victory of CBR in tax action can benefit thousands of Radiology and Diagnostic Imaging clinics

In difficult times like what everyone is living, positive news gives breath to move forward. The Image Diagnosis sector experienced troubled days in 2020, not only in Brazil, but all over the world, which in many places last until now.

An article published in July 2020 in the journal Radiology (Sharper Jr RE) reflected on the significant reduction in the volume of work in the US, around 40-90%, due to the COVID-19 pandemic. In Brazil, studies have shown that the drop in attendance at laboratories and clinics reached 70%.

The days have been really challenging for the sector and the Brazilian College of Radiology and Image Diagnosis (CBR), not only in this time of pandemic, which is considered a “watershed for the whole of society”, but in all others, Since its foundation, it has dedicated itself hard to the struggles of the specialty and acts strategically to support radiologists in all their needs.

An example of this is a recent and important victory that will benefit thousands of Radiology and Diagnostic Imaging clinics.

In February 2021, CBR obtained a definitive victory in a Collective Writ of Mandamus filed years before, which discussed the calculation basis for the payment of PIS and COFINS on the importation of medical equipment.

“This victory will allow the Radiology and Diagnostic Imaging clinics in the country to recover the amounts paid in excess, that is, around 3% of the value of each imported equipment, corrected by the Selic. Given this scenario, it is advised that each clinic internally check the imports carried out from May 2004 to October 2013, a period in which the discussion is viable”, says Luís Ronan, director of the Brazilian Association of Diagnostic Imaging Clinics”.

From the victory obtained by the CBR in benefit of the specialty, it will be necessary to execute individual by each of the clinics that fit the conditions mentioned above, with the gathering of the relevant documentation and the calculation of your credit.

The fundamental document to demonstrate the payment of taxes is the Import declaration (DI) on behalf of the clinic, as an importer. Each import generates its respective DI, which must be attached at execution, along with the calculation of the amounts that will be refunded, in addition to the articles of incorporation.

Clinics that do not find the Import Declaration must contact the customs broker responsible for the import, which may provide a way accessing SISCOMEX (http://siscomex.gov.br/).

“This is yet another example of the importance of our radiologist colleagues being part of CBR. Together we are much stronger and we go much further. We are always looking for alternatives that really strengthen us and direct us to achieve our victories as a class. For this reason, I reinforce my invitation to young residents and more experienced ones who take advantage of the benefits that the CBR offers, to participate with us in our initiatives, because the victory is and always will be for our entire specialty”, concludes Valdair Muglia, president of the CBR.

Members who are in good standing with the CBR can count on the support of the legal department in clarifying doubts and providing guidance. To do this, write to relationship@cbr.org.br, informing your name and CPF.

If you are not yet a member, please do not hesitate to join. Pre-register on the CBR website (https://icase.newcbr.itarget.com.br/estacao/associa-se/index/evento/1) and wait for our Relationship team to contact you.