Fintechs in Brazil give their thumbs up to a tax sandbox

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


Fintechs in Brazil give their thumbs up to a tax sandbox

Sponsored by

pinheirologo.png
Brazilian fintechs are experiencing a tax sandbox

Flávio Veitzman and Vinicius Pimenta Seixas of Pinheiro Neto discuss the Brazilian fintech community’s growing call for a friendly and reasonable tax environment.

A significant part of the world´s population has historically been excluded from the financial system. In Latin America, where almost half of the population remains unbanked, this phenomenon is even steeper. 

The World Bank, through its Global Findex Database 2017, reports that despite the evidence of significant growth on the financial inclusion levels in Latin America over the past few years, there remains a large gap between poor households and their access to financial services.

Digital technologies are an essential tool in bridging this gap as disruptive solutions brought forward by fintechs are allowing more people, who are traditionally excluded from the banking system, to integrate into the financial community. Increasingly, they can send and receive digital payments by using mobile phones; access credit through peer-to-peer platforms and hold digital accounts, and therefore can benefit from the new opportunities. 

While the Government and Congress struggle to keep up with the pace of the digital revolution, the Central Bank of Brazil (BACEN) has surged ahead by creating a regulatory sandbox that allows fintechs to operate and test their products with the Brazilian market. BACEN has also recently passed regulations addressing credit fintechs, by setting forth a legal framework specifically designed to cover ‘light’ financial institutions such as direct lending companies (SCDs) and peer-to-peer lending companies (SEPs).

In spite of BACEN’s regulatory guidance, the Brazilian tax authorities have remained silent concerning the tax treatment applicable to fintechs. This has expectedly opened debates on whether or not they should be subject to the same tax treatment applicable to traditional Brazilian financial institutions, which despite generally being more burdensome and regulated (i.e. requiring compliance with ancillary obligations), can provide for some benefits, such as taxation over the financial spread and withholding tax (WHT) exemption on financial income. 

In practice, Brazilian fintechs are experiencing a tax sandbox, even though this is a likely unintended move by the Brazilian tax authorities, who so far, have not followed the more structured actions taken by BACEN to leverage the positive effects of technology into the financial industry. As expected, one of the key challenges of Brazilian fintechs is to properly fit in the general tax regimes (lower rates) applicable to corporate entities, while benefiting from special regimes of taxation over the financial spread afforded to financial institutions. 

Digital technology continues to transform the levels of financial inclusion in Brazil and the tax system should not be a hurdle for this transformation process. Reasonable tax regulation, backed by the lessons learned from the current tax sandbox, should provide more legal certainty to market participants, and thus leverage the social and economic gains associated with the growth of financial inclusion in Brazil.

more across site & shared bottom lb ros

More from across our site

Boaz Goren’s move to the upstart PE-backed firm takes the number of senior UK tax professionals who have left EY this year to 13
The allegations against Deloitte Cyprus raise uncomfortable questions about how far the big four can distance themselves from misconduct at member firms
The UAE accounted for most Middle East promotions and new rankings, as A&M Tax, Baker McKenzie, Dhruva Consultants and DLA Piper breached the top tier
Spanish-headquartered multinationals lead on reporting quality, while US and Swiss groups lag in the Fair Tax Foundation’s expanded analysis
Former IRS commissioner Danny Werfel joins ITR for a must-listen conversation spanning his time leading the agency, his AI risk framework, and the future of the OECD
Tax and legal services was PwC’s fastest-growing business line last year, helping to put the firm back on a par with its big four rivals
Ex-EY and Hourani & Partners leader Zain Satardien is using flexible staffing and AI-enabled systems to test a leaner model for specialist legal and tax advice
The big four firm is rightfully prioritising transparency and accountability as it seeks to rebuild from its scandal, but a glaring structural issue remains
A recent hiring flurry has taken the firm’s number of partner appointments this year to 121 and put it on track to hit 160 partner target early
The move brings specialist tax and litigation capability to EY as it seeks to close the gap on Baker McKenzie and Venezuela’s leading local firms
Gift this article