Taxation gains prominence in elections

The government should announce economic measures to simplify PIS, Cofins and ICMS later this year. According to information published in the press, the proposal provides for the unification of ICMS rates and the creation of a tax credit generated on the purchase of certain industrial inputs, which would allow the deduction of PIS and Cofins from other taxes.

 

The reform of the PIS / Cofins would impact the public coffers by R $ 15 billion. “There is a possibility during this year that we will be able to do both, the ICMS and the PIS / Cofins,” Finance Minister Guido Mantega told the press. According to him, the proposal for the unification of the ICMS can also contemplate the reduction of rates and the creation of a fund to compensate States for losses in collection.

 

Mantega made a point of saying that the measures have no connection with the electoral agenda of the candidate for reelection, Dilma Rousseff. “We have been working at PIS / Cofins for some time, so it will be retired. However, there is no deadline to be ready. It certainly will not be in these two weeks of elections, it will be for later, but still this year ”, guaranteed Mantega.

 

In her campaign for re-election, President Dilma Rousseff showed that, if re-elected, she must maintain the strategy of carrying out a “sliced” tax reform, prioritizing the simplification of taxes. "Simplification can be done as quickly as possible, but it cannot be by decree," economist Rodrigo Sabbatini, of the candidate's team, told the press. According to the IRS, the measures implemented so far have reduced the tax burden by R $ 100 billion in 2014 alone.

 

The coalition led by candidate Aécio Neves defined in its government program, launched at the end of the first round, three guidelines for tax reform, which aim to simplify. The candidate, if elected, intends to unify taxes on the same basis, take advantage of credit balances with the Tax Authorities and make a single registration for individuals and companies, in order to facilitate the collection of taxes.

 

In an interview to the press, the economic coordinator of Aécio's campaign, Armínio Fraga, said that the proposal is to unify in a single tax called VAT - Value Added Tax - ICMS, IPI, PIS and Cofins. According to Fraga, Aécio would have the capacity to negotiate this proposal with the States, giving them certainty about the eventual loss of revenues from changes in the ICMS.

 

ETCO understands that tax simplification is an essential issue for Brazil's economic growth, and has contributed to proposals. The simplification advocated by the entity is based on the adoption of measures that result in greater transparency, reduction of bureaucracy and inspection. “Priority themes are the unification of tax registers, the rationalization of registration procedures and the withdrawal of taxpayers, the prohibition of the use of negative debt certificates as a political sanction, in addition to the restriction on the requirements of accessory obligations”, understands the adviser of the Everardo entity Maciel.

 

According to him, the debate on the tax issue unfolds on three different levels. The first is the size of the tax burden, which refers to the size of public spending. There is also the issue of fiscal federalism, which involves debates about the discrimination of public incomes, their criteria for sharing and the distribution of public charges among federal entities.

 

ETCO's chief executive, Evandro Guimarães, reinforces that the tax simplification agenda must also include the simplification of the calculation and collection of taxes. “Companies spend 2.600 hours a year to pay taxes. We need a simpler tax system, with fewer taxes, which ensures taxpayers the right to legal certainty, ”he says.

 

The president of the Union of Accounting Services Companies (Sescon-SP), Sérgio Approbato Machado Júnior, points out that the adoption of a fair tax system begins with the reduction of public spending. "No type of reform will be good for everyone, unless there is a reduction in the size of the State and effective management of resources", he says.

 

Also according to the leader, Brazil has an unnecessarily complex legal tax framework and a high number of accessory obligations to be fulfilled by taxpayers. "If the new president has the courage to face these problems and propose a national debate, in a neutral way, we will already have a great advance."

 

(With information from DCI Newspapers, O Estado de S. Paulo, Folha de S. Paulo, Valor Econômico and Veja Online Portal)

 

 

Three questions for Albérico Mascarenhas

alberico-mascarenhas

What are, in your opinion, the conditions for reaching the end of the fiscal war?

States must find an urgent solution to the fiscal war, which is taking on huge proportions. We need to give legal certainty to the process and allow the companies' business and investment environment to flow again. It is still necessary to find ways to resolve the past, validating benefits granted, more or less as proposed in Agreement 70/14, which is very well placed when proposing a solution to the fiscal war. The difficult thing is to reach an agreement on the conditions imposed by the States for the final materialization of the agreement. This has to be rethought.

 

Do you believe that there is a way to materialize the 70/14 Agreement without these conditions or in some other way?

The federal government has already signaled the possibility of creating a regional fund and a compensation fund. It is necessary to discuss with the government what the limits of these initiatives are. I see no difficulty in negotiating a fund like the one intended by the States. The tax reform forecasts that depend on Congress, PEC 233/08, Senate Resolution 72, are all in progress. There is more or less consensus and convergence in the way they are being conducted. Just speed up the process in Congress. The other differences are overcome by the States. The issue of debt has been debated for a long time. I do not believe that it is a condition for the approval of Agreement 70/14.

 

Regarding Confaz, you said that a good part of the reform could be carried out within the scope of the council. Please explain.

 Confaz has the power to resolve most of the fiscal war. It is not so simple, but he can provide a solution to most of the issue with a simple agreement that has this objective. Another thing that Confaz can resolve is the ancillary obligations, that is, making them more rational, reducing them. The computerization of the state tax authorities is growing. This tends to decrease ancillary obligations and simplify the fiscal model. The approval of a constitutional amendment is much more complex. It depends on the consensus of two thirds of parliamentarians in the House and the Senate. In Confaz there are 27 states, 27 secretaries. Moving forward on the issue of the fiscal war, it is easier to understand all other points for simplifying the tax system, with regard to the ICMS.

 

 

Supreme court cuts ICMS for PIS / Cofins calculation

The Supreme Federal Court (STF) chose yesterday to exclude the Tax on Circulation of Goods and Services (ICMS) from the PIS / Cofins calculation base in a specific case. The decision shows how the Court should position itself definitively, within a few weeks.

The extraordinary appeal 240.785, appreciated yesterday, had been stuck in the Supreme Court for almost 16 years - since 1998. Taken to the plenary for the first time in 2006, six ministers gave a favorable opinion to the taxpayer, reducing the calculation base. At the time, only retired minister Eros Grau voted against the exclusion.

Despite the opinion of most of the STF, Minister Gilmar Mendes asked for views to better study the case. He returned the lawsuit in 2007. Since then, the trial has remained pending.

Yesterday, in a long exposition of his vote, Gilmar Mendes stated that a result of the exclusion of ICMS from the calculation would be a rupture in the Brazilian tax system. According to the minister, if an exception is made, the same reasoning could be applied in relation to other taxes.

He even added that the exclusion of ICMS from the calculation base “does not result in a reduction in the Brazilian cost”. This is because such a decision would increase legal uncertainty in the country.

Mendes also explained that the decrease in the Cofins calculation base would have limited effects. For him, compromising the financing of social security only creates the need to find other sources of funds for social security, which is already deficient.

Despite the arguments presented, Minister Celso de Mello ended up following the opinion of most ministers. Minister Rosa Weber chose not to vote. With that, the vote ended in seven votes against two.

Source: DCI

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High taxes will have minimal impact on beverage prices, says Revenue

The new multipliers used to calculate taxes on cold drinks - beer, soda, soft drinks, isotonics and energy drinks - will have a minimal impact on final prices, the Federal Revenue Service said on 01/10. According to the agency's general tax coordinator, Fernando Mombelli, prices will rise by a maximum of 0,25% with the increase in the calculation base for the Tax on Industrialized Products (IPI), the Social Integration Program (PIS) and the Contribution to o Social Security Financing (Cofins).

According to Mombelli, canned soft drinks will rise up to 0,17%, and soft drinks in glass bottles will increase up to 0,2%. The prices of soft drinks in PET bottles, which concentrate 80% of the sector's market, will not be readjusted because they did not have the calculation basis changed. For beers, the impact will correspond to 0,23% for returnable glass bottles, 0,25% for canned beer and 0,22% for disposable glass bottles, also called long neck.

The revenue coordinator pointed out that the percentages will not necessarily be passed on to prices. “These are only the maximum impacts, in case the manufacturers decide to pass on the entire tax increase. It is important to remember that the market is free, and companies can absorb the higher tax cost, not least because the percentages are small ”, he claimed.

The increase may not even reach the consumer. Last week, businessmen from the beverage sector met with the Minister of Finance, Guido Mantega, and assured that they will absorb the costs, without increasing prices, until a new tax model for the segment comes into force in early 2015. The discussions started in September and are expected to continue until the end of the year.

Businessmen and the government will discuss a new system to replace the current one, in which the rates are levied not on retail prices, but on a price list researched by Fundação Getulio Vargas and updated annually. The rates, in fact, do not apply to the average values ​​charged to the final consumer, but to a multiplier that reduces the calculation basis to reflect prices in factories.

Source: EBC - Agência Brasil
Collaboration: Pernord Richard

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'I fear the tax burden will increase', says Bernard Appy

When Luiz Inácio Lula da Silva won the elections in 2002, economist Bernard Appy went to the government with a mission that time has proved to be thorny: to carry out tax reform. It implemented several measures that aired tax collection, but it left in 2009 without changing the country's major tax distortions.

Appy is now preparing to start a new phase. He is leaving LCA Consultores, a company he helped create and whose partner is Luciano Coutinho, the president of the National Bank for Economic and Social Development (BNDES).

"I'm going to provide public management consultancy, but I'm not going to the government and I'm thinking if I start a company," he says. He is also concerned with changing the tax and fiscal structure of the country. He made contributions to the presidential candidates. “Our standard of fiscal policy is a low-growth trap,” he adds.

Below are the main excerpts from the interview he gave to the State.

What reforms should the next government adopt as a priority?

For my training, certainly the tax reform and, within it, I think the ICMS (Tax on Goods and Services) is an important topic, which also involves the fiscal war. Another issue is that states still tax investment. But I have no proposals, I have principles. We have to harmonize taxation. Personally, I think you have to relieve formal work in large companies - having more large companies with formal employees is good for the country to grow; reform the PIS / Cofins (social contributions); rethink the taxation of micro and small companies. It has a reasonable agenda. It will not be possible to do it in a single government, but the objective is to make the country more efficient.

Government enters and government leaves, everyone says that tax reform is necessary, but it does not happen.

I think we are maturing. The chance of being done is much greater now. In the case of the ICMS, with regard to the tax war, there is a greater degree of maturity in the discussion that can legalize the granting of tax benefits.

Proponents of the fiscal war say it improves the distribution of companies across Brazil. Wouldn't that make this distribution difficult?

The tax benefit began to be given in the 80s by the poorest states, but it became widespread. What's the problem? Example: São Paulo provides benefits to wheat milling companies, but Rio Grande do Sul produces wheat. The milling industry should not be in São Paulo. It should be in the South. Rio Grande do Sul, in turn, provides an incentive to attract the GM automaker, which should be in São Paulo. What is the final effect? I have raw wheat leaving the South and going to São Paulo, when noodles should be leaving. And I have auto parts leaving São Paulo to the South, and a car ready to go back to São Paulo. A huge part of the incentives ends up becoming a cost of logistics, the State does not exploit its vocations and still induces the creation of an inefficient productive structure in the country. Another question: everyone asks why Brazil is expensive. There is a reason. I'm not saying that I don't have to have a regional development policy. On the contrary. The whole discussion of tax reform goes through this. If you look at international literature, you will see that the best regional development policy is to provide infrastructure for the State. If it reduced the cost of logistics it would have an automatic impact. The companies would go to the States with cheaper labor.

Mr. you already mentioned that a lot goes through Congress and causes damage that most people don't even know. Mr. have any example?

A recent example was the change in the Law of Simple. For some segments, greater benefits were defined. A lawyer who establishes himself as a Simples company and has a revenue of up to R $ 180 thousand per year, R $ 15 thousand per month, will pay 4,5% tax on his revenue. It looks good, but what's wrong with that? He will pay much less tax than a lawyer with the same income employed in a large law firm. According to the table, his rate is 27,5%. The cost of this formal employee exceeds 40% in total. They are inducing two things with this change in Simples. They lead employees to form themselves artificially as a company, what is called 'pejotização'. Is very bad. Soon there will be someone from the IRS questioning. It also induces the lawyer to leave the company and set up a small, tiny office where he works alone, often less efficiently. What happens? We created a gap between the microentrepreneur and the formal employee of a large company. And this gap prevents the small ones from growing. The joke that if Microsoft had started in Brazil it would still be in a garage fund is true. Our tax system means that whoever starts in the garage fund stays there forever.

Because of the tax?

Yes. Because of the tax difference. I am not saying that the small does not have to be less taxed. Obviously it has. But we need a harmonic system. You cannot default to billing. I'll give you an example. A restaurant is in the first strip of Simples, R $ 180 thousand per year. The owner must have an income of about 10% of this, R $ 1,5 thousand per month, maximum R $ 3 thousand. Now, I treat the owner of the restaurant like the lawyer who has the same income. But the lawyer doesn't have to buy food, pay employees like a restaurant owner. I need a system that makes a difference in terms of income and encourages companies to grow. The tax burden will increase with the growth of the company, but not making leaps.

Reduce tax burden off the radar?

Reducing the burden is not a matter of the tax structure. It is a matter of fiscal policy (a policy that defines how the government collects and spends). In the short term, I don't see how to do it. On the contrary: my fear is that in the short term we will have an increase in the tax burden to close the accounts. In the long run, it may have space again. If you want, I have another theme.

Which?

Another issue of great concern in Brazil - very much so - is the design of fiscal policy. We have a structure with enormous rigidity in spending. A civil servant cannot be fired, any number of funds are earmarked to finance this or that. What's the problem? When you have periods of growth, the revenue grows above the GDP (Gross Domestic Product), the State creates new rigid expenses and still meets the primary surplus target. When the downturn comes, revenue drops. How does it adjust? You can adjust for a time by reducing the primary surplus, as is being done now, but it has a limit. How do you break down the rigid expenses you created? You don't dismount. And how does it work? Cutting investment and raising tax burden. This cycle has been repeated in Brazil since the 1988 Constitution. Now they have decided that 75% of the pre-salt revenue goes to education and 25% to health. When the price of oil is good, I will raise more and spend more. But then the price of oil falls, revenue falls, but I have a fixed expense. How to do? It has now been decided to allocate 10% of GDP to education in the National Education Plan. You have nowhere to take this feature. There is not. It is implicit in the goal that will have an increase in the tax burden - but no one has discussed this in Brazil.

Mr. would you dismantle those obligations?

Ideally, yes, but of course you can't do it all at once. You can change the formula. Instead of saying X% of my income goes to education, I can say that I will spend the same amount as last year, adjusted for inflation, and then discuss what I will increase in the margin.

Mr. talked to any candidate about it?

Not about that.

Did you talk about other things?

I gave the candidates some suggestions for changing tax policy. Although it is very difficult to discuss this technically during the campaign. It is an arid theme. But at the beginning of next year, the chance to define something in this area is great.

Mr. Did you also discuss this tax proposal with the candidates?

No. It doesn't stand a chance in time of election. It's the opposite. People are promising more: Marina (Silva) said she will give 10% of the gross revenue for health. Aécio (Neves), who will maintain the minimum wage adjustment policy. At this time only kindness is done.

As it is, will the government have to increase the tax burden or will it be able to maintain it?

Everyone knows that a fiscal adjustment will have to be made at the beginning of the next government. It's done. Personally, I can't see how to make a short-term adjustment without increasing the tax burden. The other option, which I consider the best: credibly signal that you will have a policy of containing expenses throughout the term, so that in the end you will be in a more balanced fiscal situation.

In that case, wouldn't you need to lift the load?

Part of the adjustment process includes raising damped prices - mainly electricity and fuels. When you do, it has an effect similar to an increase in tax burden. And there is a third option, which is to deal with issues that have a structural impact on tax: social security. There is change that can be done and it has a long-term impact, it signals a sustainability that gives space to manage fiscal policy in the short term. But, if the government wants to continue spending a lot, use 10% of the revenue for health, 10% of the GDP for education, then it will have to increase the tax burden. All kindness has a price. It will be difficult for the Minister of Finance in the next government.

Source: O Estado de S.Paulo

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Common sense solution to fiscal war

Interview with Evandro Guimarães, ETCO's executive president and published in the Sindicom magazine, comments on the legal uncertainty resulting from the fiscal war between the states.

In defense of a rational solution to the issue, Evandro states that only the National Congress is able to end the clashes, through negotiation between state representations and also draws attention to the economic and tax distortions generated in the country by the fiscal war .

Click here and check the full report published on page 11

Source: Revista Sindicom 

NF will have to come with taxes

As of October 4, companies may be required to discriminate the incidence of taxes on invoices if provisional measure 649 is not voted by deputies by that date. This fear was reinforced last week with the failure to vote on the matter due to a lack of understanding among the parliamentarians of the mixed commission of the National Congress that analyzes the MP. Published by the government, the measure transfers the requirement to January 2015. But it should expire, because until the first round of elections no relevant matter should be voted on.

With the support of business entities, the rapporteur for the matter, deputy André Moura (PSC-SE), drafted an opinion recommending two years of supervisory supervision before the mandatory start to take effect. In his opinion, he proposes that this period be counted from the publication, by the Executive, of a regulation that specifies the way of calculating the taxes that should appear in the invoice.

Commercial entities fear that companies that do not yet discriminate the taxes embedded in the prices of products on their invoices bear the burden of fines imposed from June 2014 to the present day. The legal advisor of the Federation of Commerce of the State of São Paulo (Fecomercio SP), Ana Paula Locoselli, told DCI that the inclusion of other matters in the opinion hindered the speed of the process and assumed the fear that the expiration of the proposal would harm businessmen .

Locoselli also said that trade could be hindered by the lack of clarity in the current law. “What currently exists is very confusing, several scholars on the subject have not yet been able to understand what can be put on the invoice and what cannot be. As long as there are doubts, the law cannot be applied fairly. We hope that, in fact, there is another way out or that another proposal with the same theme is presented, otherwise there will be countless losses ”, he said.

Source: DCI Newspaper

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Program that returns 30% of ISS is implemented in Vitória

Part of the tax that the taxpayer pays in parking lots, gyms, private schools or laundries, will be refunded as a deduction in the Tax on Urban Property and Territorial Property (IPTU) or by deposit in a current account. This Monday, the 1st, Note Vitória started to operate, a program that will generate a 30% credit on the value of the Tax on Services of Any Nature (ISS) for consumers who, upon receiving the Electronic Services Invoice (NFS-e) request the inclusion of your CPF.

Colleges, language courses, construction companies, appliance repair shops, beauty salons, hotels, machine shops and surveillance and cleaning companies are also among the services that will generate credits. To receive the benefit, it is necessary to register on the website www.notavitoria.com.br. However, credits linked to the CPF will be generated automatically, when the Victory Note is issued.

The minimum amount to redeem the credits will be R $ 25, but the benefit must be held by the bank account and must be regular with the Municipal Finance Department (Semfa) at the time of return. Service provision activities that are not required to issue electronic invoices, as per Ordinance 58-2013, such as health plans, tolls, lawyers, accountant, dentist, doctor, services performed by Microempreendedor Individual - MEI (company) will not generate credits. individual framed in Simples Nacional, with annual revenue of up to R $ 60 thousand), financial institutions and notaries.

Source: Portal Revista ES Brasil

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