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is no doubt that some of the regional fiscal benefits were granted in legally unusual ways, so they should indeed have been revoked.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

Grant Thornton Advisors’ latest acquisition has produced the fifth-largest US advisory firm by revenue, but there’s still a clear gulf between it and the big four
Crowe joins Grant Thornton, WTS and Ryan in attracting PE investment, suggesting that dealmakers remain bullish on the tax advisory sector
HMRC expects advisers to meet ever-higher compliance criteria. After 24 consecutive qualified audit opinions, many will ask whether HMRC should hold itself to the same standards
The purchase of Marosa represents the second major tax tech consolidation this week, raising questions of a broader industry trend
Peru’s approach to TP is increasingly at odds with OECD-style profitability policies, exposing multinational groups to asymmetric tax adjustments
Hany Elnaggar examines how the region's legacy economic substance regimes and the OECD's pillar two framework are converging on the same underlying test
The deals for TP Accurate and Intra Pricing Solutions will enhance Alphatax’s ability to support clients with the full TP lifecycle, the tax tech provider claimed
The DS Advocates partner discusses career reinvention, tax disputes and why advisory and litigation experience should complement one another
Lindsay Clayton’s arrival at Baker McKenzie continues the firm’s storied pursuit of ex-US government lawyers, a strategy reinforced by robust World Tax rankings
Shared transaction semantics, governed data and reusable ERP design may prove the most significant benefits of the UK's move to Peppol
Gift this article