Monday, February 18, 2013

Brazil - Taxation and Location

By Vered Nets - CEO and Luiz Cezar Giacomazi - Financial and Tax Consultant Brazil

A country’s tax regime is always a key factor for any business considering moving into new markets. What is the corporate tax rate?   Are there any incentives for overseas businesses?    Are there double tax treaties in place?    How will foreign source income be taxed?
Brazil is a Federative Republic, and each of the 26 states and the Federal District have their own legislation. This gives rise to 27 regulations on indirect state taxes, meaning varying application, administration and compliance rules in each state. Brazilian taxes are regulated in three levels: Federal, State and Municipal. In this article illustrates the structure of tax payments levied on corporates doing business in and with Brazil.


Most Important Taxes charged on a Federal level

IRPJ corporate income tax
The tax consists of a base tax of 15%, and additional surtax of 10% on annual income over R$ 240,000.00. Tax is charged on worldwide income for residents of Brazil. Some foreign tax relief and credits can be allowed under specific tax treaties.

CSLL Social Security 
The contribution is levied at a general rate of 9%.
For financial institutions, private insurance companies and capitalization
companies, the rate is 15%.

PIS  social contribution tax
Social Integration Program (PIS) tax; levied on gross income at a rate of 1.65%; the tax is a non-cumulative tax for certain taxpayers; certain companies, including local financial institutions and companies that manufacture goods in the Manaus Free Trade Zone, are subject to the cumulative regime and make the contribution at a 0.65% rate; the tax is also levied on imports of goods and services at a rate of 1.65%

COFINS Contribution for Social Security Financing tax
Social security financing contribution (COFINS); levied on gross income at a rate of 7.6%; the tax is a non-cumulative (VAT-type) tax for certain taxpayers; certain companies, including local financial institutions and companies that manufacture goods in the Manaus Free Trade Zone, are subject to the cumulative regime and make the contribution at a 3% rate; the tax is also levied on imports of goods and services at a rate of 7.6%

IPI federal “production” tax.
Brazil does not have VAT as such. Two types of value added type taxes exist in Brazil: State value added sales and services tax (ICMS) and federal excise tax (IPI). This federal tax is levied on industrialization of products when sold by industrializing establishment. Its rate is around 20% depending on the product manufactured, top rates applies to luxury or superfluous goods, such as alcoholic beverages and cigarettes  

CIDE  Economic domain intervention contribution Tax
Levied on payments to non-residents. Applies to royalty payments, technology transfers and compensation of technology supply, and technical assistance. Rate at 10%.

IOF financial transaction tax
Foreign exchange transaction levied at varying rates on loans and credit operations, certain foreign exchange transactions, insurance and securities transactions. Rated between 0.36% to 6% depending on the type of the transaction.