Brazil’s new political establishment cracks down on tax incentives

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 political establishment cracks down on tax incentives

Sponsored by

sponsored-firms-mattosfilho.png
Brazil is experiencing a number of fresh tax challenges

Alessandra Gomensoro and Ricardo Cosentino of Mattos Filho discuss the new tax challenges affecting Brazil

At the end of the last decade, Brazil experienced significant economic growth, despite an international downturn.

This economic growth was driven largely by three pillars that included: fiscal benefits, tax reliefs and sectoral incentives to production. This ensured a national bubble of constant consumption and apparent economic growth.




However, Brazil’s political crisis destabilised the artificially created environment for such economic development. In particular, the state blamed tax benefits for cash shortages, triggering a backlash against such reliefs.



There is no doubt that some of the regional fiscal benefits were granted in legally unusual ways, so they should indeed have been revoked. But the removal of tax benefits effected not only companies that had obtained them irregularly, but also companies that had been legally enjoying the effects.



In tandem to the crisis among Brazilian states, the federal government also began to cut incentives already granted. One of the most symbolic cases include the resumed taxation on retail sales of electronic products, whose revenue, in practice, was not levied for Program of Social Integration (PIS) and Contribution for the Financing of Social Security (COFINS), and on the payroll.



Although the strategy of cutting down incentives is controversial because it discourages production and affects the entire economic chain, the cuts have been accepted due to the government’s desire to increase cash revenue.



In addition to the government continuing to cut incentives abruptly, which ultimately destabilises companies without being able to adjust their business plans to the new reality, it has been trying to find cash in the most peculiar and critical sector for economic growth: the export sector.



It order to ensure a surplus economy, it is necessary that exports outweigh imports. Precisely because of their importance to growth, exports and specifically exports revenues have special treatment in the Brazilian tax system, with immunities and exemptions that encourage those who carry out export activities.



Irrespective of this importance, the Federal Revenue Service of Brazil issued an interpretation for levying the Financial Transactions (IOF) tax if revenue from exports is kept abroad (even for a couple of days), instead of being immediately remitted to Brazil.



The interpretation of the tax authority, in addition to its detrimental effect to the exporting incentive policy, is illegal, and has been repeatedly dismissed by the Courts. However, the most striking factor is not the practical effects of this interpretation, but the government’s lack of preparedness to understand that certain sectors of the economy should be treated as a priority.



This volatility in carrying out a fiscal policy that achieves short-term goals causes insecurity, and compromises even more the development of the country. It is important to understand that the economic growth desired is only possible if the law and the commitments made by the government are observe without surprise to investors.



Alessandra Gomensoro - Partner, Mattos Filho

T: +55 21 3231 8222

E: agomensoro@mattosfilho.com.br



Ricardo de Oliveira Cosentino - Tax lawyer, Mattos Filho

T: +55 21 3231 8112

E: ricardo.cosentino@mattosfilho.com.br

more across site & shared bottom lb ros

More from across our site

Geopolitical rivalry is reshaping global tax cooperation, as the OECD’s minimum tax framework fragments and the EU grapples with the ensuing legal fallout
LED Taxand’s partner tells ITR about entrepreneurial inspirations, the importance of people skills, and what makes tax cool
Shiny new offices like Ryan’s in London Bridge aren’t just a cost – they signal that a firm is willing to align with its clients’ interests
Darren Graves will succeed Richard Houston, who is set to lead Deloitte EMEA; in other news, Morgan Lewis hired a three-partner tax team in New York
India also signed its first-ever bilateral APAs with France, Ireland, Indonesia and Sweden last year, the CBDT revealed
Chile’s revamped GAAR marks a shift toward structural scrutiny, pushing MNEs to strengthen tax governance, economic substance and compliance strategies
New reforms represent the most seismic shift in Canadian TP legislation since its enactment and a clear inflection point for MNEs, ITR has heard
Spain did not transpose EU VAT rules for SMEs or works of art; in other news, an increased VAT threshold came into force in South Africa
While the IBS incorporates taxable events previously covered by state and municipal taxes, its governance and operational logic represent a significant departure from the legacy model
The new office on the fourth floor of 4 More London will span 14,230 square feet, with the potential to expand to the first and second floors
Gift this article