Questão jurídica principal
Whether wages paid through the simplified procedure for small employment income were properly taxed in the ordinary assessment because the arrangement constituted tax avoidance.
Decisão extraída
The simplified procedure could not be relied upon here; the wage structure was unusual and served primarily to generate tax savings, so the amounts had to be taxed in the ordinary assessment.
Fundamentação extraída
The procedure is intended to combat undeclared work for third parties in low-wage sectors. Here the taxpayers controlled the companies paying the wages, set several salaries just below the relevant threshold, and achieved a substantial tax saving. This satisfied the criteria for tax avoidance.