Questão jurídica principal
Whether the exit indemnity for non-reappointment is subject to full annual taxation under Art. 47 LIFD in the federal direct tax assessment.
Decisão extraída
Yes. The indemnity is an extraordinary income received upon cessation of the activity and therefore falls within the special annual taxation regime.
Fundamentação extraída
The payment arose from the end of the magistrate’s function, was non-recurring, and fit the statutory category of indemnities for cessation of an activity; the list in Art. 47 LIFD is exhaustive but includes this type of payment.