Brazil

Brazil

Extends tax exemption regime and other incentives related to state-level sales tax (VAT)

28 Oct 2021

On October 6, 2021, the Brazilian Senate approved the bill "Projeto de Lei Complementar (PLP) 5/2021" (Complementary Bill 5/2021). This Act extends for up to 15 years the previously existing exemptions, incentives and fiscal or financial benefits regarding the ICMS, Imposto sobre Circulação de Mercadorias e Serviços" (Tax on the Circulation of Goods & Transportation and Communication Services), a state-level sales tax imposed on the physical movement of merchandise. Previous tax benefits were extinguished on 31 December 2020.

The bill was enacted by the executive branch and entered into force on 28 October.

It aims to bring uniformity to the ICMS tax regime in order to put a halt to what lawmakers have described as a "tax war" between federal states offering unilateral tax incentives to attract investment to their jurisdictions. In accordance with the new legislation, the beneficiaries of the exemptions granted by the states can benefit from the provision until 2032.

Nature of measure:
  • Incentives
Type:
  • Treatment and operation (Other)
Industry:
  • Primary (Agriculture, forestry and fishing)
  • Services (Construction, Wholesale and retail trade, Transportation and storage)
Inward FDI:
No
Outward FDI:
No
Sources: