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

The network’s tax service line grew more than those for audit and assurance, advisory and legal services over the same period
The deal is a ‘real win’ for US-based multinationals and its announcement is a welcome relief, experts have told ITR
Tom Goldstein, who is now a blogger, is being represented by US law firm Munger, Tolles & Olson
In looking at the impact of taxation, money won't always be all there is to it
Australia’s Tax Practitioners Board is set to kick off 2026 with a new secretary to head the administrative side of its regulatory activities.
Ireland’s Department of Finance reported increased income tax, VAT and corporation tax receipts from 2024; in other news, it’s understood that HSBC has agreed to pay the French treasury to settle a tax investigation
The Australian Taxation Office believes the Swedish furniture company has used TP to evade paying tax it owes
Supermarket chain Morrisons is facing a £17 million ($23 million) tax bill; in other news, Donald Trump has cut proposed tariffs
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
Gift this article