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ARTICLE · 18 DECEMBER 2014

Insurance Now Can Be Used As Bond On Tax Executions

Mayer Brown
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Law No. 13,043/14 amended Articles 7, 9, 15 and 16 of Law No. 6,830/80 in order to expressly accept the presentation of insurance as bond on judicial tax executions.

BrazilInsurance
Ivan Tauil
Ivan Tauil
Roberta Caneca
Roberta Caneca
Eduardo Maccari Telles
Eduardo Maccari Telles
Carolina Bottino
Carolina Bottino
Celso Grisi
Celso Grisi
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Keywords: insurance, bond, tax executions

Law No. 13,043/14, published in the Official Gazette on November 14, 2014, amended Articles 7, 9, 15 and 16 of Law No. 6,830/80 ("Law of Tax Executions") in order to expressly accept the presentation of insurance as bond on judicial tax executions. This change overturns several decisions from Superior Court of Justice—"STJ" (AgRg no REsp No. 1467458/SP; AgRg no REsp No. 1423411/SP; REsp 1215750/ RS, and others)—that denied the use of insurance as bond on tax executions because there was no express legal provision.

This is an important amendment that will allow the substitution of other kinds of bonds already presented on tax executions, such as a bank's letter of warranty (costlier) or the properties of the taxpayers.

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