New legal definition establishes the taxable basis of Brazilian excise tax

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


New legal definition establishes the taxable basis of Brazilian excise tax

Sponsored by

logo.png
book-3294950.jpg

Cecilia Yokoyama and Juliana Mari Tanaka of Machado Associados discuss the legal definition of praça that sets the taxable basis for excise tax in transactions carried out between interdependent companies.

The Brazilian excise tax (IPI) legislation determines that the current price in the ‘praça’ (‘trading area’) of the sender’s wholesale market must be used as the minimum amount of the IPI taxable basis in transactions between interdependent companies.

The lack of a legal definition of praça started a discussion regarding the geographic definition of the sender's praça, including questions such as “would it correspond to the city where the sender’s establishment is located or to the state of the sender’s establishment?”

It is important to point out that the Administrative Council of Tax Appeals (CARF) of the Federal Revenue Service of Brazil, based on the initial concept adopted by the federal tax authorities, consolidated the discussion in 1981, recognising that the sender´s trading area corresponds to the geographic space of its city.

In this sense, the Federal Revenue Service of Brazil published a COSIT (General Tax Coordination Office in Brazil) internal ruling in 2012 clarifying that “the minimum taxable amount applicable to shipments of a certain product from the manufacturing establishment, with a single interdependent distributor in its trading area, will correspond to the prices practised by this single distributor in the wholesale sales of said product.”

The broad concept of praça changed the reference to consider it as the city, the neighbouring state or interstate territory, the metropolitan region’s territory, or anywhere, as it is not identified by any circumscribed and determined spatial criterion, but rather by the seller’s field of activities, even if by third parties that resell its products.

Therefore, other decisions have been rendered by the CARF since 2012 with multiple – and extremely broad – interpretations on the matter, including the entire domestic territory in this concept.

A legal definition of praça is necessary to put an end to the several administrative and judicial discussions on the value to be considered as the minimum amount for calculation of the IPI taxable basis.

According to the recent legal definition provided by Law 14395, published on July 8 2022, praça means the territorial space of the municipality where the sending establishment is located, confirming the concept initially defined by the Federal Revenue Service of Brazil in 1981.

Nevertheless, although the legal definition of the term praça seems to put an end to this discussion, there are new discussions at the CARF regarding the understanding that this legal definition as provided for by Law 14395/2022 would apply only after its publication.

To summarise, with this legal amendment, federal taxpayers are now confident in calculating the minimum taxable amount as the IPI taxable basis, considering the municipality where the sending establishment is located as the praça. However, the discussion about the effects of the law is now open.

more across site & shared bottom lb ros

More from across our site

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
UK Chancellor John Healey extended a VAT cut, suspended tariffs, increased a bank surcharge and vowed to increase funding for HMRC
Gift this article