Investor Presentaiton
CORPORATE LAW
BY PAULO SALVADOR RIBEIRO PERROTTI AND FERNANDO MAURO BARRUECO
BRAZIL - CANADA COMPARATIVE LAW
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⚫ the principle of precedence (whereby taxes cannot be collected in
the same fiscal year in which the law that created them or increased
their rates was published, nor prior to ninety days of said publication.
Contributions, on the other hand, can be collected in the same fiscal
year, but must respect the ninety-day deadline);
⚫the principle of non-confiscation
(whereby taxation cannot be confiscatory).
2. Federal Taxes
Only the Federal Government may levy the following taxes: Import
Duties (II); Export Duties (EI); Income and Capital Gains Tax (IR); Taxes
on Industrialized Products (IPI); Tax on Credit, Exchange and Insurance,
or on Securities Transactions (IOF); Tax on Rural Land (ITR).
2.1. Income Tax
Income tax is assessed on income and wealth increases of resident
individuals from domestic or foreign sources at rates of 15% and
27.5% (depending on the income bracket), and on capital gains of
corporate entities at the rate of 15%; Corporate income tax is assessed
on profits and capital gains generated by operations in Brazil or
abroad. It is normally assessed on net profits of the company (other
applicable basis are assumed profit and arbitrated profit). Taxable.
income is equal to net profits (ascertained in quarterly or annual
balance sheets) adjusted for additions and deductions set forth in
income tax legislation.
Corporations taxed on the basis of net profit may choose to pay tax
in monthly installments, on the basis of estimates, provided they
observe certain conditions established in income tax legislation.
The current corporate income tax rate is 15%, whether calculated on
net profit, assumed profit, or arbitrated profit, whatever company's
business. A 10% supplementary tax is applicable to the portion of
net profits which exceeds R$ 20,000 per month.
Profits or dividends assessed as of January 1, 1996, paid out or
credited to individuals or corporations domiciled in Brazil or abroad,
are no longer subject to income tax (either withheld at source or due
on taxpayer's return) regardless of whether assessed on the basis of
net profit, assumed profit, or arbitrated profit.
Withheld income tax (withholding tax) is due on income paid, credited,
remitted, or delivered to non-residents, at the rate of 15% or 25%
depending upon the beneficiary's country of residence and the nature
of the income. As of January 1, 2001, a 'Contribution of Intervention
in the Economic Domain' is due, at the rate of 10%, upon remittances
of royalties or compensation deriving from technology transfers, in
cases where the withheld income tax rate is 15%. This does not apply
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