Overview of Brazilian Tax Reform Proposal

 
Brazilian Tax Reform
 
October, 2019
 
2
 
Current Brazilian Tax System
 
Brazilian Tax Reform
 
3
 
Proposals - Overview
 
Brazilian Tax Reform
 
PEC 45/2019
 
PEC 110/2019
 
PEC 128/2019
 
5
extinctions
 
9 extinctions
and 2
changes
 
6
extinctions
 
Non-cumulative 
VAT
Federal Selective Tax 
for specific
products considered negative
externalities (e.g cigars and alcohol)
 
Non-cumulative 
State
 
VAT
Federal 
VAT 
for specific sectors
(e.g., fuel, oil, telecommunication)
Corporate Income Tax 
(CIT+CSLL)
 
Two changes:
ITCMD
 to be charged by Federal
Government
IPVA
 encompassing aircraft and vessels
 
Non-cumulative 
VAT 
Federal
Non-cumulative 
VAT
 
State/Municipal
IMF
: Tax over cash flow
IPI
: only for specific products
considered negative externalities
 
Taxation on profits and dividends
Digital and financial services/goods taxed
exclusively by the Federal Government
 
4
 
General Opportunities and Challenges
 
Brazilian Tax Reform
 
Tax s
implification
 
Uniform tax regime
 
Centralized collection
 
Non-cumulative tax (IBS or IVA)
: all 
credits
 
Simpler tax reporting
 
Relief of tax litigation
 
Broader tax basis: all types of goods, services
intangible and other activities will be taxed,
imposing taxes in activities which are not
currently taxed (such as rental)
 
Potential taxation 
on
 
every transaction
 
Potential litigation 
on definition of 
destination
 
Potential accumulation or distortion of 
IVA
credits depending on the companies’ activity
 
Lack of special regime 
to given 
sector
s
 
Opportunities
 
Challenges
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The Brazilian Tax Reform proposal in October 2019 aims to address challenges in the current tax system by introducing changes such as a broader tax basis, simplification, and centralized collection. The proposal includes various key elements like PEC 45/2019, PEC 110/2019, and PEC 128/2019, aiming for a uniform tax regime and potential taxation on every transaction. However, it also poses challenges such as potential litigation on the definition of destination and the accumulation of IVA credits. The reform seeks to streamline taxation processes and reduce bureaucracy in Brazilian courts.

  • Brazilian Tax Reform
  • Proposal
  • Tax System
  • Challenges
  • Opportunities

Uploaded on Aug 14, 2024 | 3 Views


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  1. Brazilian Tax Reform October, 2019

  2. Current Brazilian Tax System Revenues Profits Income Import/export Rural property Financial transactions Goods (Some) services Transportation Donations and death Property of vehicles Services Real estate transfer Federal STATE MUNICIPAL Challenges Conflict of competence (states x municipalities) Disputes of interpretation Bureaucracy Litigation in Brazilian courts Brazilian Tax Reform 2

  3. Proposals - Overview PEC 45/2019 PEC 110/2019 PEC 128/2019 IOF COFINS COFINS COFINS PIS PIS PIS CSLL IPI IPI CIDE- Fuel ICMS IPI ICMS IOF ISS ICMS ISS Ed. Salary 6 5 extinctions extinctions ISS 9 extinctions and 2 changes IVA State/ Municipal Federal Selective Tax IVA Federal State IBS Federal IBS IBS Corporate Income Tax IPI IMF Non-cumulative VAT Federal Selective Tax for specific products considered externalities (e.g cigars and alcohol) Non-cumulative StateVAT Federal VAT for specific sectors (e.g., fuel, oil, telecommunication) Corporate Income Tax (CIT+CSLL) Non-cumulative VAT Federal Non-cumulative VAT State/Municipal IMF: Tax over cash flow IPI: only for considered negative externalities negative specific products Two changes: ITCMD to be charged by Federal Government IPVA encompassing aircraft and vessels Taxation on profits and dividends Digital and financial services/goods taxed exclusively by the Federal Government Brazilian Tax Reform 3

  4. General Opportunities and Challenges Opportunities Challenges Broader tax basis: all types of goods, services intangible and other activities will be taxed, imposing taxes in activities which are not currently taxed (such as rental) Tax simplification Uniform tax regime Centralized collection Potential taxation on every transaction Non-cumulative tax (IBS or IVA): all credits Potential litigation on definition of destination Simpler tax reporting Potential accumulation or distortion of IVA credits depending on the companies activity Relief of tax litigation Lack of special regime to given sectors Brazilian Tax Reform 4

  5. www.mattosfilho.com.br www.mattosfilho.com.br S O PAULO PAULISTA Al. Joaquim Eug nio de Lima 447 01403 001 S o Paulo SP Brasil T 55 11 3147 7600 S O PAULO FARIA LIMA Av. Brg. Faria Lima 4100 6 andar 04538 132 S o Paulo SP Brasil T 55 11 3035 4050 BRAS LIA SHS Q6 Bloco C Cj. A sala 1901 70322 915 Bras lia DF Brasil T 55 61 3218 6000 NEW YORK 34 East 51st Street, 12th floor New York, NY 10022 U.S.A. LONDON 5th floor, 32 Cornhill London UK EC3V 3SG T 44 (0)20 7280 0160 RIO DE JANEIRO Praia do Flamengo 200 11 andar 22210 901 Rio de Janeiro RJ Brasil T 55 21 3231 8200

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