Sylvio Torres Advogados e Associados

Foreign Citizens

Who is in charge of collecting federal taxes?

Collection of federal taxes is a competence of the Federal Union, as well as their devising and enactment.

What are the federal taxes in force in Brazil?

As a rule, the Federal Union  charges the following taxes in Brazil:

  • Import Tax
  • Export Tax
  • Income Tax (IR)
  • Industrialized Products Tax (IPI)
  • Tax over operations of credit, insurance or related to securities and bonds (IOF)
  • Rural Property Tax(ITR)
  • Great Fortunes (IGF).

What are the State taxes in Brazil?

The ICMS – Value added tax over circulation of goods, service rendering, inter-state and inter-municipal transportation, and communication is a state tax, that is, only the Brazilian State Governments are competent to institute it, and the tax brackets and norms are not uniform, varying from state to state. There are other State taxes, but the ICMS is the most significant one.

What are the municipal taxes in Brazil?

The municipalities and the Federal District are competent to institute the following taxes:
a) Urban property tax (IPTU);
b) Tax over transfer of real estate properties (ITBI);
c) Tax on services of any kind (ISS-QN).

What are Social Contributions?

The Federal Union institutes social contributions for funding its social security.

What are the instituted Social Contributions?

  • Contribution Social over Corporation Profits (CSL)
  • Contribution for Social Security Funding (COFINS)
  • Contribution for the Social Integration Program (PIS)
  • Contribution for social Security over the Payroll and Salaries (CINSS)
  • Provisional Contribution on Financial Operations (CPMF) – recently suspended
  • Contribution on Intervention of Economic Dominion (CIDE).

What is the CNPJ ("Cadastro National de Pessoa Jurídica")?

It is the registration of the corporations before the Federal Revenue, and it identifies each corporation (firm/company/civil society, mercantile society or corporation) existing in the country. No corporation is allowed to function without the CNPJ number.

What s the CIC or CPF, and what is it currently known as?

The CIC (Cartão de Identificação do Contribuinte), taxpayer’s identity card, is the customized card (a type of identity card) issued by the Ministry of Treasury with the CPF number for individuals and with the CNPJ number for corporations.

What does COFINS mean?

It is a contribution for funding social security. It is a tax collected by the Federal  Union as accrued from the gross sales of the corporations, meant to assist social programs of the Federal Government.

What is the CONFAZ ? "Conselho Nacional de Política Fazendária"?

It is a council that congregates all the State Treasury Secretaries, the Ministers of Treasury and of Planning, and other federal authorities of the economic area.

What are parafiscal contributions?

The following contributions are considered parafiscal: FGTS, Economic contributions and fees.

What is a taxpayer?

Generally, all individuals and corporations who pay taxes (in generic sense) to the government, whether it is for the Federal Union, for the States or for the Municipalities and/or for the Federal District.  The National Tax code, on article 121, paragraph 1, item I, defines as Taxpayer one who “is a passive subject of a principal obligation… when in personal and direct relationship with the situation that constitutes the respective taxable event."

What is CPMF?

It is a provisional contribution on financial operations or transfer of values and credits and rights of financial nature.

What is CSLL?

It is a social contribution on the net profit accrued. It is an extra federal taxation over the net profit of the companies or over their gross sales (in case of companies that choose the presumed profit method) of the corporations.

What is DRAWBACK?

It is a tax incentive system for the exporters. It consists basically of the suspension, exemption or refunding of taxes levied upon import of inputs used for product upgrading in Brazil and later export.

What is tax avoidance or tax planning?

It is a system of lawful systems whose purpose is to decrease the amount of payable taxes.  It should not be confused with tax evasion (or dodging), for the tax avoidance is an exclusive use of lawful means, as admitted by the legislation. For example: the choice between presumed or real profit accrual.

What are social charges?

It is the general denominations for all expenses carried out by companies, mandatorily or not, in benefit of its employees and their relatives, directly or indirectly, including those meant to fund social security under responsibility of the Public authorities and other social contributions. For example: FGTS on payrolls.

What is the FGTS ? "Fundo de Garantia por Tempo de Serviço"?

It is a severance fund composed of compulsory contributions by the employer over the payrolls, deposited in Caixa Econômica Federal in a specific account of the employee. Recovery of the fund is admissible  in certain situations, such as dismissal without a just cause.

What is the FUNDAF ? Fundo de Desenvolvimento e Administração da Arrecadação e Fiscalização?

The Surveillance and Collection Administration and Development Fund, FUNDAF, is a fund to which part of the fines levied against taxpayers for tax irregularities related to taxes managed by the Federal Revenue Bureau are allocated. Its resources are prioritarily meant to the restructuring of the collecting/surveillance systems of the mentioned bureau, including payment of Variable Additional Retribution to the Tax Auditors and Technicians of the National Treasury, for motivation.

What is the ICMS?

It is a value added tax related to the circulation of goods, rendering of services of interstate and intermunicipal transportation, and communication, also called the goods and services circulation tax. It is a non-cumulative state tax, and a thorough source of revenue for the States and Federal District.

What is a tax?

In accordance with the National Tax Code, “a tax is the levy whose obligation’s generating event is an independent situation of any specific activity of the state, related to a taxpayer". In other words, it is a tribute paid, compulsorily, by individuals and corporations to meet part of the tax revenue needs of the public authorities (federal, state and municipal), so as to assure the functionality of the bureaucracy, social services to the population and investments in essential civil works.

What is a cumulative tax?

It is any tax or levy that is levied in all intermediate stages of the productive and/or trading process of a certain product, including the very taxes/levies paid earlier in the process, from the origin to the final consumer, affecting the composition of its cost and therefore the definition of its sale price.

What is a declaratory tax?

IT is a levy (tax, fee, betterment or parafiscal contribution, charges/levy fees, etc.) that depends on the will or provisions (filling-out forms, slips, statements, DARF, etc.) of the taxpayer or of the responsible party to be paid or collected into the public treasury, such as the IPI, ICMS, ISS, IPTU, ITR, IR, INSS, FGTS etc.

What are cascading taxes?

It’s the same as cumulative tax.

What is an indirect tax?

It is a levy not explicit in the receipt, invoice or fiscal document, whose value, underlying the product’s final price, is passed on to the purchaser. For example: the direct tax paid in a telephone or electric power bill is transformed into an indirect tax when it is added to the final price of the product or service.

What is a non-cumulative tax?

It is a tax or levy that is not levied on an amount that includes the taxes or levies paid in the previous stages of the process. For example, the IPI and the ICMS.

What is a progressive tax?

It is a tax whose brackets increase or decrease in the same proportion as the amounts levied. An example of this type of tax is the Personal Income Tax, whose brackets vary from 15% to 27.5%, according to one’s gross income.

What is a proportional tax?

It is a tax whose bracket is constant (equal/uniform/fixed), and whose outcome only increases in the same proportion as the levied amount. It is a levy of unchangeable bracket, whatever the taxable amount or the assessable basis is.

What is a regressive tax?

It is a tax whose brackets decrease in the same proportion as the levied amounts increase.

What is a selective tax?

It is a tax that is levied only on certain products. In the current tax system, the taxes levied on alcoholic beverages, tobacco, perfumes/cosmetics, and automobiles, among others, are selective, once their brackets are differentiated. In fact, in the tax system in force, the tax selectivity has practically become a rule instead of an exception.

What is the law that regulates the labor relations in Brazil?

In Brazil, the Federal Constitution in conjunction with the Consolidation of Labor Laws (CLT  - Consolidação das Leis do Trabalho) regulates the relations in the labor sphere.

What is the CLT?

It is a consolidation of all labor laws in force, composed of a set of regulations existing at the time of its enactment, and regulating matters related to:

  • Legal order of Labor Justice.
  • Tutelage of Work.
  • Safety at Work.
  • Working Hours.
  • Minimum Wages.
  • Annual Leaves, Time Off and Assistance, Annual Bonuses, etc.
  • Labor Medicine.
  • Nationalization of the work.
  • Work Protection for Women and Children.
  • Individual Labor Agreement.
  • Labor Union Organization and Qualification.
  • Labor Union contributions.

What are the general workers? rights in Brazil?

As a general rule, the labor rights are as follows:

  • Minimum wage.
  • 44 weekly working hours.
  • Non-retraction of wages.
  • Unemployment insurance.
  • Mandatory annual bonus (13th salary).
  • Participation on the employer’s profits.
  • Overtime with additional remuneration.
  • Annual 30-day leave.
  • 120-day time-off post parturition (mother).
  • Time-off post parturition (father).
  • Prior notice.
  • Retirement.
  • Acknowledgement of collective rulings.
  • Insurance for labor accidents.
  • Severance indemnity fund.
  • Right to joint strikes.
  • Provisional stability for members of Accident Prevention Committees, employees who have suffered labor accidents and gestants.
  • Tips.
  • Commissions.
  • Family allowance.
  • Education allowance.
  • Transportation voucher.
  • Meal voucher.
  • Day-care assistance.
  • Health hazard bonus.
  • Risk premium.
  • Nigh-shift premium.
  • Transfer bonus.
  • Funeral grant.
  • Remunerated weekly day-off.
  • Unemployment insurance;
  • Registration in the Work Record Book.

Are there other sources of Labor Law in Brazil?

Yes. There are Collective Agreements and Conventions, jurisprudential statements of the superior Labor court, standards enacted by the Ministry of Labor, and some conventions of the International Labor Organization.

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