Português

Abstract

The article demonstrates the viability of the corporate structure of a Social Interest Holding in the Third Sector, composed of a controlling entity (association or non-profit foundation) and controlled business companies (operational), for raising funds thru secondary commercial activities related to the essential purposes of social assistance or philanthropy (art. 150, VI, “c”, § 4º, CF/1988 and arts. 9 and 14, CTN), with mandatory reinvestment of all positive economic results to the controlling entity, without profit distribution. Differentiates between a de facto holding (parent-subsidiary, single CNPJ) and a holding of social interest (multiple CNPJs), proposing legislative changes for granting CEBAS to the de facto holding and extending tax immunity to the controlled entities, under a moderate interpretation of the "essential purposes" clause, balancing restrictive (limitation to non-business activities) and broad (unlimited exegesis) currents, with observance of reasonableness, proportionality, good faith, social function, free initiative, and fair competition, facilitating state oversight thru the linking of CNPJs and promoting philanthropic efficiency without undermining the economic order.