Brazilian government boosts the benefits applicable under the drawback regime

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

Brazilian government boosts the benefits applicable under the drawback regime

Sponsored by

logo.png
brazil-4809011.jpg

Gabriel Caldiron Rezende of Machado Associados discusses the measures taken by the Brazilian federal government to increase the benefits for exporters.

On September 5 2022, the Brazilian government issued Law 14440/2022, which provided for the inclusion of certain services in the suspension drawback regime as of January 1 2023.

The drawback customs regime aims to boost the export of Brazilian manufactured products by exempting the acquisition of inputs used in the manufacturing of products to be exported, thus reducing the manufacturing costs. As a rule, the drawback regime is granted under the suspension and exemption modalities, as follows:

  • The suspension drawback allows the suspension of the payment of import duty (II), excise tax (IPI), social contribution on revenues (PIS and COFINS), and social contribution on imports of goods and services (PIS-Import and COFINS-Import), combined or not with the acquisition, in the domestic market, of goods to be used or consumed in the manufacturing of the product to be exported. A state VAT (ICMS) exemption also applies, but only to imports.

  • The exemption drawback allows an exemption from II and a reduction of IPI, PIS, COFINS, PIS-Import and COFINS-Import on imports to zero, combined or not with the local acquisition of goods equivalent to those used or consumed in the manufacturing of the exported product. No ICMS benefit is applicable.

Although the drawback regime provides for a tax reduction on the acquisition of goods, it is a benefit that aims at relieving the tax costs of the manufacturing of goods for exports, thus actually being a benefit for exports.

The benefit only applies to the acquisition of goods, not services.

With the changes brought by Law 11440/2022, as of January 1 2023, it will be possible to acquire certain services, in the domestic market and from abroad, directly and exclusively linked to the export of products resulting from the use of the suspension drawback regime with the suspension of PIS, COFINS, PIS-Import and COFINS-Import.

The suspension of PIS/COFINS and of PIS/COFINS-Import will apply to the following services:

  • Intermediation in the distribution of goods abroad (agent commission);

  • Cargo insurance;

  • Customs clearance;

  • Goods storage;

  • Road, rail, air, waterway, or multimodal cargo transportation;

  • Cargo handling;

  • Container handling;

  • Cargo unitisation or de-unitisation;

  • Cargo document consolidation or deconsolidation;

  • Freight transportation agency;

  • Express remittance;

  • Cargo weighing and measurement;

  • Cargo refrigeration;

  • Operating lease or lease of containers;

  • Installation and assembly of exported goods; and

  • Training for the use of exported goods.

The expectation is that, with this measure, exports will be boosted, and the Brazilian economy will recover even better from the COVID-19 pandemic.

more across site & bottom lb ros

More from across our site

US partner Matthew Chen was named as potentially the first overseas PwC staffer implicated in the tax leaks scandal, in a dramatic week for the ‘big four’ firm
PwC alleged it has suffered identifiable loss and damage arising out of a former partner's unauthorised use of confidential information; in other news, Forvis Mazars unveiled its next UK CEO
Luxembourg saw the highest increase in tax-to-GDP ratio out of OECD countries in 2023, according to the organisation’s new Revenue Statistics report
Ryan’s VAT practice leader for Europe tells ITR about promoting kindness, playing the violincello and why tax being boring is a ‘ridiculous’ idea
Technology is on the way to relieve tax advisers tired by onerous pillar two preparations, says Russell Gammon of Tax Systems
A high number of granted APAs demonstrates the Italian tax authorities' commitment to resolving TP issues proactively, experts say
Malta risks ceding tax revenues to jurisdictions that adopt the global minimum tax sooner, the IMF said
The UK and what has been dubbed its ‘second empire’ have been found to be responsible for 26% of all countries’ tax losses by the Tax Justice Network
Ireland offers more than just its competitive corporate tax environment but a reduction in the US rate under a Trump administration could affect the country, experts tell ITR
The ‘big four’ firm was originally prohibited from tendering for government work until December 1 due to its tax leaks scandal, but ongoing investigations into the matter have seen the date extended
Gift this article