The loss of Effectiveness of MP 694/2015 and tax benefits

The provisional measure no. 694, published on September 30 last year, and approved by the Chamber of Deputies on the last day of

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A Provisional measure no. 694 , published on September 30 last year, and approved by the Chamber of Deputies on March 2, brought an important part of the fiscal adjustment elaborated by the federal government . However, the MP ended up not being converted to law within the legally predicted deadline, losing its effectiveness on March 9 this year.
For this reason, the following changes are applicable by She regulated:

- Interest calculation limitation on equity (at 5% per year or TJLP; what is lower), which in practice reduces the deductibility of JCPs in the calculation of real profit; / h4>

- RAIs rate increase (from 15% to 18%) incident on the values ​​received as JCP;

- Suspension, for the year-calendar of 2016, of the tax benefits provided for in the so-called Law of Bem (Law No. 11.196 / 2005), concerning the exclusion of expenses with technological innovation of the calculation base of IRPJ and CSLL;

- Increase in PIS and COFINS (STRONG> rates on billing and importation of inputs used in the Chemical and Petrochemical Industries ;

- postponement of the entry into force of presumed loans in the operations carried out by the petrochemical sector .

As regards Technological Innovation (R & D) , it is important to note that companies are able to exclude from the IRPJ and CSLL calculation base. :

- up to 80% from the sum of R & D expenses;

- R & D costs executed by Scientific and Technological Institution (ICT) and nonprofit scientific and technological and non-profit ;

- up to 180% expenses in the activities of Computers and Automation .