Brazil’s new policy on ICMS and VAT benefits

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’s new policy on ICMS and VAT benefits

brazil-flag-round.jpg

There is a new federal programme which promises a fresh landscape for tax benefits in Brazil.

Instead of local, state-level negotiations for benefits, Provisional Measure 599/12 (PM 599/12) establishes a federal financial assistance programme for the states, the Federal District, and municipalities, to compensate for revenue lost as a result of tax rate reductions made on interstate transactions in the context of ICMS /VAT.

One of the conditions for such implementation would be the regressive reduction of ICMS/VAT rates applicable to interstate transactions.

Furthermore, through PM 599/12, the regional development fund (RDF) was created as a local incentive to mitigate the effects of the fiscal war. The RDF is administered by the Ministry of Finance and its purpose is to finance investment projects with potential multiplier effects on specific regions.

Pursuant to PM 599/12, in addition to allowing for the offset of losses, the federal government will support state programmes intended to encourage investments having a potential multiplier effect.

Access to RDF resources will be prohibited if the granting, extension or maintenance of any kind of tax or financial benefit in violation of the law is identified by the federal government (or any political subdivision) where such agreement has not been subject to approval by all of the states.

Furthermore, for purposes of such financial assistance, the states and the Federal District are required to provide the Ministry of Finance with information regarding tax or financial benefits already granted to its taxpayers. Among other requirements, the following conditions must be fulfilled:

· Submission of a report with complete identification of benefits that were not submitted to the National Finance Policy Council;

· Execution of an agreement between the states and the Federal District by no later than December 31 2013, whereby the effects of tax and financial benefits are regulated, including related tax credits; and

· Enactment of the Senate Resolution regarding the ICMS/VAT rates reduction, applicable to interstate transactions that fulfil specific regressive rates.

These regressive rates do not apply to interstate transactions originating in the Manaus Free Trade Zone, or to interstate transactions involving natural gas that are taxed at a rate of 12%. They arenot applicable to interstate transactions involving imported products and merchandise, which remain governed by Senate Resolution 13/2012.

The new measures promise an end to the local tax benefits that we have seen over the past few decades and give space to a new environment where state tax benefits will no longer be decided by states, but by the federal government.

By principal Tax Disputes correspondent for Brazil, Renata Correia Cubas (rcorreia@mattosfilho.com.br) of Mattos Filho.

more across site & shared bottom lb ros

More from across our site

The controversial deal will allow US-parented groups to be carved out from key aspects of pillar two
Awards
ITR invites tax firms, in-house teams, and tax professionals to make submissions for the 2027 World Tax rankings and the 2026 ITR Tax Awards globally
Pillar two was ‘weakened’ when it altered from a multinational convention agreement to simply national domestic law, Federico Bertocchi also argued
Imposing the tax on virtual assets is a measure that appears to have no legal, economic or statistical basis, one expert told ITR
The EU has seemingly capitulated to the US’s ‘side-by-side’ demands. This may be a win for the US, but the uncertainty has only just begun for pillar two
The £7.4m buyout marks MHA’s latest acquisition since listing on the London Stock Exchange earlier this year
ITR’s most prolific stories of the year charted public pillar two spats, the continued fallout from the PwC Australia tax leaks scandal, and a headline tax fraud trial
The climbdowns pave the way for a side-by-side deal to be concluded this week, as per the US Treasury secretary’s expectation; in other news, Taft added a 10-partner tax team
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Foreign companies operating in Libya face source-based taxation even without a local presence. Multinationals must understand compliance obligations, withholding risks, and treaty relief to avoid costly surprises
Gift this article