Brazil’s new political establishment cracks down on tax incentives

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Brazil’s new political establishment cracks down on tax incentives

Sponsored by

sponsored-firms-mattosfilho.png
Brazil is experiencing a number of fresh tax challenges

Alessandra Gomensoro and Ricardo Cosentino of Mattos Filho discuss the new tax challenges affecting Brazil

At the end of the last decade, Brazil experienced significant economic growth, despite an international downturn.

This economic growth was driven largely by three pillars that included: fiscal benefits, tax reliefs and sectoral incentives to production. This ensured a national bubble of constant consumption and apparent economic growth.




However, Brazil’s political crisis destabilised the artificially created environment for such economic development. In particular, the state blamed tax benefits for cash shortages, triggering a backlash against such reliefs.



There is no doubt that some of the regional fiscal benefits were granted in legally unusual ways, so they should indeed have been revoked. But the removal of tax benefits effected not only companies that had obtained them irregularly, but also companies that had been legally enjoying the effects.



In tandem to the crisis among Brazilian states, the federal government also began to cut incentives already granted. One of the most symbolic cases include the resumed taxation on retail sales of electronic products, whose revenue, in practice, was not levied for Program of Social Integration (PIS) and Contribution for the Financing of Social Security (COFINS), and on the payroll.



Although the strategy of cutting down incentives is controversial because it discourages production and affects the entire economic chain, the cuts have been accepted due to the government’s desire to increase cash revenue.



In addition to the government continuing to cut incentives abruptly, which ultimately destabilises companies without being able to adjust their business plans to the new reality, it has been trying to find cash in the most peculiar and critical sector for economic growth: the export sector.



It order to ensure a surplus economy, it is necessary that exports outweigh imports. Precisely because of their importance to growth, exports and specifically exports revenues have special treatment in the Brazilian tax system, with immunities and exemptions that encourage those who carry out export activities.



Irrespective of this importance, the Federal Revenue Service of Brazil issued an interpretation for levying the Financial Transactions (IOF) tax if revenue from exports is kept abroad (even for a couple of days), instead of being immediately remitted to Brazil.



The interpretation of the tax authority, in addition to its detrimental effect to the exporting incentive policy, is illegal, and has been repeatedly dismissed by the Courts. However, the most striking factor is not the practical effects of this interpretation, but the government’s lack of preparedness to understand that certain sectors of the economy should be treated as a priority.



This volatility in carrying out a fiscal policy that achieves short-term goals causes insecurity, and compromises even more the development of the country. It is important to understand that the economic growth desired is only possible if the law and the commitments made by the government are observe without surprise to investors.



Alessandra Gomensoro - Partner, Mattos Filho

T: +55 21 3231 8222

E: agomensoro@mattosfilho.com.br



Ricardo de Oliveira Cosentino - Tax lawyer, Mattos Filho

T: +55 21 3231 8112

E: ricardo.cosentino@mattosfilho.com.br

more across site & bottom lb ros

More from across our site

ITR’s most interesting stories of the year covered ‘landmark’ legal battles, pillar two, AI’s relationship with transfer pricing and more
Chinwe Odimba-Chapman was announced as Michael Bates’ successor; in other news, a report has found a high level of BEPS compliance among OECD jurisdictions
The tool, which will automatically compute amount B returns, requires “only minimal data inputs”, according to the OECD
The rules are intended to implement the substance of an earlier OECD report in its entirety
While new technology won’t replace the human touch, it could help relieve companies’ staffing issues, EY’s David Helmer and Daren Campbell tell ITR
The firm said the financial growth came from increased demand for its AI services and global tax reform advice
Chrystia Freeland had also been the figurehead of Canada’s controversial digital services tax adoption, which stoked economic tensions with the US
Panama has no official position on pillar two so far and a move to implement in Costa Rica will face rejection, experts tell ITR
The KPMG partner tells ITR about Sri Lanka’s complex and evolving tax landscape, setting legal precedents through client work, and his vision for the future of tax
Overall turnover at the firm also reached a record £8 billion; in other news, Ashurst and Dentons announced senior tax partner hires
Gift this article