Classificação dos Fatos Geradores

Por
Pedro Santos
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313
4215

QUESTÃO ERRADA: Uma série de fatos que se aperfeiçoam no fim de um determinado período é o conceito de um fato gerador continuado.

CLASSIFICAÇÃO DOS FATOS GERADORES

a) fato gerador instantâneo: é o fato isolado que ocorre num determinado momento plenamente identificável, como a saída do produto industrializado do estabelecimento industrial ou o lançamento a débito em conta corrente de depósito.

b) fato gerador continuado: é a situação jurídica que se perpetua no tempo, verdadeiro status jurídico, como a propriedade de imóvel rural.

c) fato gerado de período (ou complexivo): é a situação composta por diversos fatos considerados em conjunto, como os rendimentos anuais da pessoa física ou o lucro real trimestral ou anual da pessoa jurídica apurado tendo em conta suas receitas e despesas operacionais, com as adições, exclusões e compensações determinadas pela legislação.

d) fato gerador vinculado: é aquele realizado pela própria administração, como ocorre com as taxas.

e) fato gerador não vinculado: é aquele que não diz respeito à atividade da Administração, mas ao próprio contribuinte. Por exemplo: IPU, ITR, ICMS, ISS, IR, etc.

QUESTÃO ERRADA: O imposto de renda das pessoas físicas é o exemplo típico de tributo caracterizado pela ocorrência do fato gerador continuado, pois se trata de situação duradoura, que pode manter-se estável ao longo do tempo.

Item Errado: O I.R. é um imposto caracterizado por um fato gerador Complexivo (ou periódico).

O fato gerador pode se dividir em:

F.G Simples (ou instantâneo): é aquele cuja realização se dá em um determinado momento de tempo, iniciando-se e completando-se em um só instante. Exemplos: IPI, II, IE, ICMS

F.G Continuado (ou contínuo): é aquele cuja realização leva um período de tempo para se completar, ou seja, não se dá em uma unidade determinada de tempo. Daí haver a necessidade de se fazer um “corte temporal” (dia 1 de janeiro, por exemplo) Ex: IPTU, IPVA e ITR

F.G Complexivo (ou periódico): é aquele que ocorre ao longo de um espaço de tempo, entretanto, ele irá aperfeiçoar-se com a consideração globalmente agregada de “n” fatos isolados durante aquele período. (f1 + f2 + f3 ….= FG) Ex: I.R

QUESTÃO CERTA: No que se refere à periodicidade, o IPVA e o ICMS possuem, respectivamente, fato gerador classificado como: continuado e instantâneo.

Conforme a doutrina, o IPVA é um imposto de caráter contínuo ou continuado, pois se refere à propriedade, que é apenas uma situação jurídica que se prolonga no tempo, devendo o legislador definir um momento exato em que se considera ocorrido o fato gerador.

Já o ICMS é um imposto instantâneo, tendo como fato gerador cada circulação de mercadorias.

Classificação do Fato Gerador:

a) fato gerador instantâneo ou simples: aquele cujo aspecto material ocorre em um momento único. Ocorre na grande maioria dos tributos.

b) fato gerador contínuo ou continuado: aquele cujo aspecto material retrata uma situação jurídica, que permanece no tempo, de modo que o legislador escolhe um momento (fazendo-se um corte temporal) para se considerar ocorrido o fato gerador. Ocorre com nos três impostos sobre a propriedade: IPVA, IPTU e ITR.

c) fato gerador periódico ou complexivo: aquele cujo aspecto material ocorre em um lapso de tempo determinado, sendo caracterizado pela soma algébrica de “n” fatos isolados que ao final do período devem ser globalmente considerados. Ex: ocorre com o IR.

QUESTÃO CERTA: No que se refere à periodicidade, o IPVA e o ICMS possuem, respectivamente, fato gerador classificado como: continuado e instantâneo.

Conforme a doutrina, o IPVA é um imposto de caráter contínuo ou continuado, pois se refere à propriedade, que é apenas uma situação jurídica que se prolonga no tempo, devendo o legislador definir um momento exato em que se considera ocorrido o fato gerador.

Já o ICMS é um imposto instantâneo, tendo como fato gerador cada circulação de mercadorias.

Classificação do Fato Gerador:

a) fato gerador instantâneo ou simples: aquele cujo aspecto material ocorre em um momento único. Ocorre na grande maioria dos tributos.

b) fato gerador contínuo ou continuado: aquele cujo aspecto material retrata uma situação jurídica, que permanece no tempo, de modo que o legislador escolhe um momento (fazendo-se um corte temporal) para se considerar ocorrido o fato gerador. Ocorre com nos três impostos sobre a propriedade: IPVA

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, IPTU e ITR.

c) fato gerador periódico ou complexivo: aquele cujo aspecto material ocorre em um lapso de tempo determinado, sendo caracterizado pela soma algébrica de “n” fatos isolados que ao final do período devem ser globalmente considerados. Ex: ocorre com o IR.

QUESTÃO CERTA: O imposto sobre propriedade imobiliária incide uma vez a cada ano em data determinada. Tal situação caracteriza o fato gerador continuado: é uma situação duradoura, que pode manter-se estável ao longo do tempo.

Parte da doutrina divide os fatos geradores em 3 espécies: Instantâneo, Continuado e Complexo/complexivo.

Instantâneo = São aqueles que se iniciam e se completam em um só momento. Ex: Imposto de Importação, Exportação, IPI.

Continuado = que levam um período para completar. Ex: IPTU, IPVA, ITR.

Complexo = também demora um período para completar, porém enquanto no continuado ocorre apenas um fato jurídico, no caso do complexo, ocorrem vários fatos jurídico que se somando no final compõe o fato gerador. Exemplo: Imposto de Renda.

Obs: O CESPE neste caso adotou esta corrente doutrinária, porém existe grande divergencia neste assunto, TEM QUE TER MUITA ATENÇÃO COM A PROVA QUE VOCÊ IRÁ FAZER (ainda mais se for discursiva), porque a posição fazendária é que todos os fatos geradores são instantâneos, pois a lei sempre específica o momento que ele ocorre. Explico:

Por exemplo, o IPTU a maioria das leis municipais preconizam que quem deve pagar é o proprietário do imóvel no dia 1 de janeiro, diante disto eles entendem que não há necessidade de esperar um longo período para saber quem deve pagar o IPTU, basta ver quem é o proprietário do imóvel no dia 1° de janeiro, pois ele que praticou a situação que deu ensejo ao pagamento do tributo.

CEBRASPE (2020):

QUESTÃO CERTA: Em direito tributário, um fato gerador pode ser continuado, instantâneo ou de período. São exemplos de tributos com fato gerador continuado: o imposto predial e territorial urbano (IPTU), quanto à propriedade de imóvel, e o imposto sobre a propriedade de veículos automotores (IPVA), quanto à propriedade de veículo.

Classificação dos Fatos Geradores (Aspecto Temporal)

Instantâneos = quando se verificam e se esgotam em determinada unidade de tempo, dando origem, cada ocorrência, a uma obrigação tributaria autônoma; Ou seja, são os fatos geradores que ocorrem num momento dado de tempo e que, cada vez que surgem, dão lugar a uma obrigação autônoma. Ex: ICMS

Continuados = quando configuram situações duradouras, que se desdobram no tempo por intervalos maiores ou menores. Ex: IPTU e IPVA

Complexivos ou Periódicos = quando seu processo de formação tiver implemento com o transcurso de unidades sucessivas de tempo, de maneira que, pela integração dos fatores, surge o fato final. Ou seja, são fatos geradores cujo ciclo de formação se completa dentro de um determinado período de tempo e que consistem num conjunto de fatos, circunstancias ou acontecimentos globalmente considerados. Ex: IR

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  242. One thing is that when you are searching for a education loan you may find that you’ll need a co-signer. There are many cases where this is true because you might discover that you do not employ a past credit score so the loan provider will require you have someone cosign the credit for you. Good post.

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  279. Great article. It is extremely unfortunate that over the last several years, the travel industry has had to take on terrorism, SARS, tsunamis, bird flu, swine flu, and the first ever real global economic downturn. Through everything the industry has really proven to be solid, resilient plus dynamic, locating new ways to deal with misfortune. There are often fresh difficulties and possibilities to which the business must just as before adapt and react.

  280. Hmm is anyone else having problems with the pictures on this blog loading? I’m trying to figure out if its a problem on my end or if it’s the blog. Any feedback would be greatly appreciated.

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  292. Thanks for your publication on the travel industry. I would also like to include that if you are one senior considering traveling, it is absolutely imperative that you buy traveling insurance for seniors. When traveling, retirees are at greatest risk of having a professional medical emergency. Buying the right insurance package on your age group can safeguard your health and provide you with peace of mind.

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  308. Thanks for your post on the traveling industry. I might also like to include that if you are one senior considering traveling, it is absolutely vital that you buy travel cover for elderly people. When traveling, golden-agers are at high risk being in need of a health emergency. Buying the right insurance policy package for one’s age group can protect your health and provide you with peace of mind.

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