O governo federal decidiu retirar o regime de urgência do Projeto de Lei Complementar 68/2024, that deals with the regulation of tax reform, after the voting deadline expires. The project, that arrived at the Senate on August 7, it should have been voted on by September 22. As the deadline was exceeded, the project began to lock the Senate agenda starting from September 23, preventing the voting on other proposals, except for those with established constitutional deadlines, until the PLP of the reform is analyzed
Main points of tax reform
The reform proposes the creation of theGoods and Services Tax (GST), what will replace the ICMS and the ISS, unifying the taxation on goods and services into a single tax, with the aim of simplifying the tax system. The IBS will have a tax base that encompasses both the circulation of goods and the provision of services, and it will be charged in a non-cumulative manner, inciding only on the value added at each stage of the production process. The proposal also provides for variable rates, according to the category of goods and services, with the aim of promoting greater tax justice, preventing states and municipalities from charging divergent rates
Besides the IBS, the reform suggests the creation of theTax on Goods and Services (CBS), a federal tax that will replace the PIS, Cofins and IPI. Just like the IBS, the CBS will also be charged on a non-cumulative basis, inciding on the companies' revenue, with taxation only on the value added
Another highlight of the reform is the so-calledSelective Tax, or "Sin Tax", that will affect goods and services considered harmful to health or the environment
The project has already received more than 1,2 thousand amendments in the Senate and it is under analysis by the Constitution and Justice Commission (CCJ). Meanwhile, public hearings have been held to discuss the text. One of these hearings, held on Wednesday, September 25th, it was promoted by the Commission on Economic Affairs (CAE) and aimed to discuss the impacts of tax reform on differentiated and specific regimes. The debates are part of a cycle requested by the committee chairman, Senator Vanderlan Cardoso (PSD-GO), to assist the working group coordinated by Senator Izalci Lucas (PL-DF) in the evaluation of the regulation
What changes for companies
While the project is still being processed in the Senate, businessmen, especially those opting for the Simples Nacional, they ask how the changes can impact their activities
According to Rafael Caribé, CEO ofAgilize Online Accountingthe Simples Nacional is already a simplified regime, that consolidates several taxes into a single payment. He notes that some companies may benefit from the rules of non-cumulativity and the segregation of taxes
"The taxpayer opting for Simples can take advantage of non-cumulativity". Currently, it is possible to offset ICMS credits, PIS and Cofins (except for ISS) from previous stages. With the reform, there will be a hybrid regime that will allow for the compensation of the ISS through the IBS. Although this may increase the tax burden, will allow the full use of credits and their transfer to customers, what will be especially advantageous for B2B (business to business) companies, with long production chains. For companies that operate in B2C (business to consumer), there will be no change, because the credits cannot be transferred to the final consumer, explain Caribé
He emphasizes that, during the transition period, the accountant will be a key partner for companies. "It will be a long transition", but necessary to simplify the Brazilian tax environment and ensure greater competitiveness, affirms
The government's expectation is that the text will be approved by the Senate still this year, although it is already accepted that the voting may be postponed to early 2025
