Brazil: Brazilian Federal Revenue Agency publishes tax decision on contribution of know-how into capital

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement


Brazil: Brazilian Federal Revenue Agency publishes tax decision on contribution of know-how into capital

Pereira
Gottberg

Alvaro Pereira

Ruben Gottberg

Brazilian Federal Revenue Agency (RFB) has published new guidance on the taxation of in-kind contributions involving agreements of cession of rights (know-how).

Administrative divergent tax decision nº 6/2015, published in the official gazette on February 3 2016, states that a 15% withholding income tax and 10% CIDE-royalties apply when a know-how agreement owned by a non-resident is contributed into the capital of a Brazilian entity (in exchange for shares).

By way of background, an administrative divergent tax decision is an instrument that allows the RFB to standardise future decisions on tax issues that have been decided both favourably and unfavourably in the past.

Whereas this decision is binding administratively for any taxpayer in similar situations, matters discussed in administrative stances may be up for discussion in the tax courts. Multinationals are encouraged to follow up for future developments.

Alvaro Pereira (alvaro.pereira@br.pwc.com) and Ruben Gottberg (ruben.gottberg@br.pwc.com)

PwC

Website: www.pwc.com.br

more across site & shared bottom lb ros

More from across our site

The recently founded AI platform stands out in a crowded marketplace thanks to a compelling vision and friends in the right places
Advisers expect consumption tax reform to stay on course, but debt pressures could push the government towards tougher enforcement and incentive reviews
The firm demonstrated its sweet spot of litigation with an international twist with the recent win for the Danish tax authority…but it’s not a tax case
The recently formed firm has taken a break from hiring EY talent to expand its transactional tax and tax technology capabilities
The AI platform, founded last year by two school friends, is partnering with challenger firms like Unity Advisory and A&M Tax to launch its own assault on the AI tax market
Not only has Aurtus received recognition from ITR in the past, but its founder was both a partner at KPMG and co-founder of Dhruva Advisors
Clients care more about considered counsel than rapid media-friendly soundbites, says Matthew Gilleard, associate director at Infinite
It was also a memorable night for Galicia, KPMG, Skadden and Pinheiro Neto, all of which scooped major awards at a gala ceremony in New York
The former Deloitte UK CEO earned a 45% raise in a year when 1,000 staff reportedly lost their jobs – and the pay gap is only getting bigger
In a seminal development for big law, the 95-year-old firm is set to cease operations after a series of high-profile partner departures
Gift this article