Thales Michel Stucky

Professional Experience

Thales M. Stucky joined the Firm in 2004 and became partner in 2015. He integrates the Tax Planning & Controversies practice group, with focus on tax litigation (judicial and administrative), as well as tax planning in general for Brazilian and foreign companies. Thales has a wide experience in tax issues related to the automotive and IT industries.

Work abroad

He has worked in the Chicago office of Baker & McKenzie as foreign associate as part of the North American Tax Practice Group, occasion in which Thales was involved in a series of projects assisting US companies investing in Brazil, especially on dealing with repatriation strategies, as well as Brazilian companies with business in the US.

Awards and Recognitions

Thales has been recognized for his work as a leading attorney in Tax by the main legal directories such as Chambers & Partners Latin America – Tax South, International Tax Review – Indirect Tax Leaders, Leaders League and Latin America Corporate Counsel Association – LACCA.

Academic Background

He graduated from Pontifícia Universidade Católica do Rio Grande do Sul with a degree in Law and from Instituto Brasileiro de Estudos Tributários (IBET) with a specialization in Tax Law in 2005. He also holds a master’s degree (LL.M) in International Taxation from New York University.

Activities outside the office

In addition to this activities with the firm, Thales is also a guest lecturer in the course of International Taxation in the Tax Law Specialization courses offered by the Pontifícia Universidade Católica do Rio Grande do Sul (PUCRS/IET), Universidade de Caxias do Sul (UCS) and ESMAFE/RS (Federal Judges School of Rio Grande do Sul).

Between 2011/2012, Thales was the president of the Instituto de Estudos Tributários – IET (Tax Studies Institute – www.iet.org.br)

Publications

In addition to his position as columnist in the “Coluna CARF”, of the website JOTA, he is an author/co-author of several books/articles, such as:

• More than 100 articles in the weekly column named “Coluna CARF”, available at the legal news website “Jota” (www.jota.info);
• “Overview of Federal Administrative Tax Disputes in Brazil” – Association of Corporate Counsel (April 2nd, 2015);
• “Contribuições Previdenciárias e Exportações”, Jornal Valor Econômico (August 20^th, 2014) (co-author with Lívia Stumpf);
• “Current Developments in Brazilian Taxation” – WorldTrade Executives – Practical Latin American Tax Strategies (March, 2009);
• “Recent Tax Developments in Uruguay” – WorldTrade Executives – Practical Latin American Tax Strategies (February 2009) (co-author with Prof. Jonás Bergstein);
• “Judicial Alternative for Brazilian Exporting Companies with Accumulated ICMS Credits” – WorldTrade Executives – Practical Latin American Tax Strategies (September de 2008).

Languages

Portuguese, English and Spanish.

Representative matters and clients

• Tax and legal advisor for the installation in Brazil of a US-based automotive company responsible for the supply of parts to a plant of an OEM located in the State of Rio Grande Sul. In this assignment, Thales advised the client in relation to the tax obligations and structure in Brazil, as well as about the application of the tax incentives available for the automotive sector;
• Represented relevant Brazilian IT manufacturer in a federal tax litigation that resulted in the full annulment of a tax reassessment in the amount of BRL 50MM related to the charging of Corporate Taxes (IRPJ, CSLL, PIS and COFINS) over the accrual of ICMS tax incentives (https://www.jota.info/tributos-e-empresas/tributario/carf-icms-subvencao-14052019);
• Represented a US-based IT manufacturer and services provider with a subsidiary in Brazil in a federal tax litigation related to a tax reassessment in which the Brazilian IRS charged IPI (Excise Tax) in view of the alleged misuse of tax incentives derived from the Brazilian Computer Law (Law # 8,248/91). The defense filed ended up in a full cancellation of a tax reassessment in the approximate amount of BRL 500MM.