Brazil: Report of tax developments for financial, insurance, real estate sectors

Recent tax developments that may affect companies in the financial, insurance, and real estate sectors

Recent tax developments that may affect the financial, insurance, and real estate sectors

The KPMG member firm in Brazil prepared a report that describes recent tax developments that may affect companies in the financial, insurance, and real estate sectors.

The recent tax developments include:

  • Federal Supreme Court—Held that the court’s decision invalidating the social contribution on profits (contribuiçao social sobre o lucro (CSLL)) applied only prospectively, and the tax authority could impose the tax prior to the court’s decision
  • Divergence Solution nº 1/22—Provides rules for deducting taxes, fines and interest on arrears in determining taxable income and CSLL base
  • Provisional Measure 1,160/23—Reestablished the casting vote in the Administrative Council for Tax Appeals (Conselho Administrativo de Recursos Fiscais (CARF))
  • Joint Ordinance nº 1/23—Instituted an exceptional transaction through the program on tax litigation reduction (PRLF), also known as the “zero litigation” program
  • Court of Justice of the State of Santa Catarina—Held that urban property and land tax (imposto sobre a propriedade predial e territorial urbana (IPTU)) is only applicable after a certificate of occupancy is granted
  • ICMS Agreement 50/22—Provides that banks will be required to deliver a declaration of means of payment (DIMP), relating to the period from January to March 2022, As of 30 April 2023
  • CGOA Resolution nº 8/23—Extends the deadline until 16 April 2023 for taxpayers to develop the unified standard electronic system and make it available for approval by the Committee Accessory Obligations Manager (CGOA)

Read a February 2023 report (Portuguese) prepared by the KPMG member firm in Brazil

 

The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at: + 1 202 533 3712, 1801 K Street NW, Washington, DC 20006.