CEBRASPE (2018):
QUESTÃO ERRADA: Caso pretenda lançar um novo programa governamental para a construção de ferrovias, a União poderá, de forma lícita, criar, mediante lei complementar, um imposto residual e vincular a receita advinda da arrecadação desse tributo ao financiamento das despesas do referido programa.
Tributo vinculado – e aquele cujo o fato gerador relaciona-se a alguma contraprestação por parte do Estado. Ex – taxas e contribuição de melhoria.
Tributo não vinculado – é aquele cujo o fato gerador não se vincula a nenhuma contraprestação especifica por parte do Estado. É o caso especifico dos impostos.
CF, Art.167. São vedados: IIV – a vinculação de receita de impostos a órgão, fundo ou despesa…
Imposto Residual é imposto. Logo, não é possível vincular a receita advinda da arrecadação desse tributo ao financiamento das despesas do referido programa.
CEBRASPE (2017):
QUESTÃO CERTA: A aplicação do princípio da não vinculação de receita a despesa específica é limitada aos impostos.
Errada. Há tributos vinculados e não vinculados, vejam:
I) Imposto: não vinculado a qualquer atividade estatal.
II) Taxas e contribuições de melhoria: Vinculados.
CEBRASPE (2018):
QUESTÃO ERRADA: Considerando-se o que dispõe o CTN, é correto afirmar que, como regra geral, os tributos: têm por fato gerador uma situação jurídica abstrata, não sendo possível vincular um tributo a qualquer atividade estatal específica.
CEBRASPE (2013):
QUESTÃO ERRADA: As taxas são tributos não vinculados a uma contraprestação do ente tributante em relação ao contribuinte.
A taxa é espécie de tributo VINCULADO a uma atuação estatal específica – ERRADA.
CEBRASPE (2010):
QUESTÃO ERRADA: Considerando que a União institua empréstimo compulsório em razão de investimento público de caráter urgente e de relevante interesse nacional, julgue os itens a seguir. No empréstimo compulsório, tributo não vinculado, é admissível a aplicação dos recursos provenientes de sua arrecadação em programas e investimentos de saúde pública.
Gabarito: ERRADO. O empréstimo compulsório é sim um tributo vinculado, pois deverá atender ao motivo que justificou a sua criação. Trata-se de previsão expressa da Constituição Federal:
Art. 148. A União, mediante lei complementar, poderá instituir empréstimos compulsórios:
…
Parágrafo único. A aplicação dos recursos provenientes de empréstimo compulsório será vinculada à despesa que fundamentou sua instituição.
CEBRASPE (2013):
QUESTÃO ERRADA: Inexiste vinculação entre os recursos que forem apurados por intermédio do empréstimo compulsório e a despesa que fundamentar sua instituição.
Nos termos do art. 148 § único do CTN, temos que a aplicação dos recursos provenientes de empréstimos compulsórios será vinculada à despesa que fundamentou sua instituição.
CEBRASPE (2009):
QUESTÃO ERRADA: Ao contrário do que ocorre com os impostos, as taxas são conhecidas como tributos não-vinculados.
Na estrutura original do Código Tributário Nacional, os tributos estão distribuídos em duas categorias:
– Tributos Vinculados.
São tributos vinculados aqueles que têm por fato gerador uma atividade estatal voltada diretamente para a prestação de um serviço específico ao contribuinte, isto é, a prestação de um serviço em que se beneficie diretamente o contribuinte. A cobrança desses tributos somente se justifica quando existe uma atuação do Estado diretamente dirigida a beneficiar o particular.
Assim, são tributos vinculados as taxas e as contribuições de melhoria. Se de um serviço público, como o da coleta de lixo, ou de uma obra pública, como o asfaltamento de uma rua, resulta uma vantagem direta ou um benefício para o particular, o Estado pode dele cobrar, respectivamente, uma taxa ou uma contribuição de melhoria.
Além destas duas espécies, incluem-se nesta categoria os empréstimos compulsórios e as contribuições parafiscais.
– Tributos não vinculados.
Os tributos não vinculados são aqueles que têm por fato gerador uma situação independente de qualquer atividade estatal específica, relativa ao contribuinte. Ou seja, o Estado cobra tais tributos em razão de seu poder de império, porque precisa de recursos para promover o bem comum; o particular recebe vantagens ou benefícios indiretos, aqueles que decorrem da realização do bem comum.
Os tributos não vinculados são os impostos especificados nos arts. 153, 155 e 156 da CF/88, mais o imposto extraordinário e o residual.
FONTEhttp://www.vemconcursos.com/opiniao/index.phtml?page_id=2211.
CEBRASPE (2011):
QUESTÃO CERTA: Suponha que determinado poder legislativo estadual crie tributo sobre a circulação de qualquer pessoa de um município para outro, atribuindo-lhe o nome de ICMS e, para justificá-lo, informe que a maior parte da receita será destinada a construir nova estrada entre os dois municípios. Nesse caso, o tributo deve ser considerado: inconstitucional, por motivos de competência e de vinculação.
Tal tributo é inconstitucional, segundo a alternativa B por dois motivos:
a) Competência: notem que o legislador ESTADUAL cria um imposto novo, todavia, ele não tem competência para isso, pois criar novos impostos é de competência exclusiva da União (competência residual – art. 154, I/CF);
b) Vinculação: o legislador estadual indicou que parte da receita seria para construir a estrada, entretanto, impostos são tributos de arrecadação não-vinculada por disposição constitucional expressa (art. 167, IV), ou seja, o Ente tem liberdade para aplicar suas receitas em qualquer despesa autorizada pelo orçamento.
Assim, correto o gabarito.
CEBRASPE (2007):
QUESTÃO CERTA: Se um indivíduo é notificado a pagar um tributo, por natureza, não-vinculado, é correto afirmar que essa exação é um (a):
A) imposto.
B) taxa.
C) contribuição de melhoria.
D) empréstimo compulsório.
E) contribuição parafiscal.
Taxas e contribuições de melhoria são tributos vinculados. Enquanto que os impostos são não vinculados. No entanto, a cobrança de todos os tributos é vinculada.
VUNESP (2023):
QUESTÃO ERRADA: A Prefeitura do Município “X” decidiu instalar banheiros públicos pela cidade, como forma de atender à população em geral e em especial aos moradores de rua. Para financiar a iniciativa e custear a manutenção e a limpeza dos novos equipamentos públicos, a Prefeitura decidiu criar taxa, no limite do valor necessário à cobertura das despesas esperadas, cobrada de todos os moradores da Cidade, independentemente do uso efetivo dos novos banheiros por cada morador, e instituir isenção da taxa para moradores de rua. A respeito desta situação hipotética, é correto afirmar que: a taxa não precisaria estar limitada ao custo esperado de instalação e manutenção do serviço público inaugurado.
A taxa é tributo contraprestacional (vinculado), usado na remuneração de atividade específica, seja serviço ou exercício do poder de polícia e, por isso, não pode fixar a base de cálculo usando como critério os sinais presuntivos de riqueza do contribuinte. O valor das taxas deve estar relacionado com o custo do serviço que as motiva, ou com a atividade de polícia desenvolvida. STF. 1ª Turma. RE 554951/SP, Rel. Min. Dias Toffoli, julgado em 15/10/2013 (Info 724).
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