Taxation of Individuals: What to be expected in 2017?

Similar documents
(Re)insurance Claims in Brazil

OLYMPIC CONTEXT FEDERAL TAX EXEMPTIONS FOR INDIVIDUALS AND CORPORATIONS

Fiscal rules for a federation: the case of the Brazilian Fiscal Responsibility Law

A NEW MEASURE OF THE UNEMPLOYMENT RATE: WITH APPLICATION TO BRAZIL

Using Regional Risk Measures to Help Price Global Timberland Investment Opportunities

TIM Participações S.A. and TIM Participações S.A. and Subsidiaries

BRAZILIAN GOVERNMENT CONCESSIONS Q&A ON THE NEWLY ISSUED BID NOTICES (FEDERAL GOVERNMENT)

Raia Drogasil S.A. Quarterly Information (ITR) at March 31, 2018 and report on review of quarterly information

TABLE 2 CONSANGUINEOUS MARRIAGE IN THE AMERICAS

Série Textos para Discussão

MINUTES OF THE ORDINARY SHAREHOLDERS MEETING HELD ON APRIL 30 th, 2014

Depec Highlight - Bradesco

Corporate Presentation

Institutional Presentation June 2010

The Impact of Globalization on Obesity Epidemic in Brazil

Institutional Presentation

MEASURING DYNAMIC INFLATION IN BRAZIL

Oi S.A. - UNDER JUDICIAL REORGANIZATION

Interim financial information for the quarter ended September 30, 2017 and independent auditor s review report on the interim financial information

Minutes of OSM/ ESM. Rule 12g3-2(b) Exemption #

COMPANHIA DE BEBIDAS DAS AMÉRICAS-AMBEV (Exact name of registrant as specified in its charter)

Institutional Presentation. 4Q07 Results

MINUTES OF THE ORDINARY SHAREHOLDERS MEETING HELD ON APRIL 27 th, 2015

practices introduced by Law 11,638/07, and the pronouncements and guidelines of the CPC Accounting Pronouncements Committee. Low Income Segment

Another Attempt to Reform Brazil s Intergovernmental Financing Arrangements: Preliminary Results and Future Prospects

The Political Economy of Brazilian Local Government Taxation: changing the rules without changing the law for efficiency

Corporate Presentation

Silvania Tognetti TTN Conference Sao Paulo 2014

BB SEGURIDADE PARTICIPAÇÕES S.A. CNPJ/MF Nº / NIRE Nº MINUTE OF BOARD OF DIRECTORS MEETING HELD ON February 6 th, 2015

Institutional Presentation 4Q.2017

Corporate Presentation March 2013

Tax Incentives. Sergio André Rocha International Tax Services Partner at EY. Professor Dr. at Rio de Janeiro State University

Institutional Presentation. February 2018

Brazilian estate and gift taxes present and future. Raul de Paula Leite Filho

VIVO PARTICIPAÇÕES S/A

Towards universal, comprehensive and equitable National Health Systems: The 22 Years Brazilian Experience in its context

Financial Statements Rede D Or São Luiz S.A. December 31, 2013, 2012 and 2011 with Independent Auditor s Report on Financial Statements

OI S.A. - UNDER JUDICIAL REORGANIZATION

Tunisia. Experts in the Incorporation of Companies and International Tax Optimization since 1991 AMEDIA PARTNERS TUNISIA 1

SUZANO BAHIA SUL PAPEL E CELULOSE S.A. Publicly-Held Company. # / Corporate Registry ID (NIRE) #

Luxembourg. Experts in the Incorporation of Companies and International Tax Optimization since 1991 AMEDIA PARTNERS LUXEMBOURG 1

Rising Food Prices and Household Welfare: Evidence from Brazil in 2008

Corporate presentation May 2017 FLRY3

Corporate presentation August 2017 FLRY3

Institutional Presentation. August 2017

Morocco. Experts in the Incorporation of Companies and International Tax Optimization since 1991 AMEDIA PARTNERS MOROCCO 1

Corporate presentation March 2018

Corporate presentation August 2018

Poland. Experts in the Incorporation of Companies and International Tax Optimization since 1991 AMEDIA PARTNERS POLAND 1

Rising Food Prices and Household Welfare: Evidence from Brazil in 2008

Financial Statements BK Brasil Operação e Assessoria a Restaurantes S.A. December 31, 2017 with Independent Auditor s Report

Institutional Presentation. December 2008

DEPARTAMENTO DE ECONOMIA PUC-RIO. TEXTO PARA DISCUSSÃO N o. 421 STATE-GOVERNMENT BAILOUTS IN BRAZIL AFONSO S. BEVILAQUA MARCH 2000

On Assessing Pro-Poorness of Governments Programs: International Comparisons

JBS S.A. reports 1Q07 net sales of R$1.1 billion and EBITDA margin of 14.4%

APEX-BRASIL. Roberto Jaguaribe Gomes de Mattos PRESIDENT. Márcia Nejaim Galvão de Almeida BUSINESS DIRECTOR

The Extinction of CPMF and the New Tax Bill Announced by the Brazilian Government

TTN Seminar Monaco 2008

BRAZIL ANNOUNCES NEW BID ROUNDS FOR 2018

COMPANHIA DE BEBIDAS DAS AMÉRICAS-AMBEV (Exact name of registrant as specified in its charter)

EARNINGS RELEASE 4Q11 4Q11. BANCO PAULISTA SOCOPA Corretora Results for 4 th Quarter of

Financial Statements Brasil Brokers Participações S.A. December 31, 2017 With Independent Auditor s Report


TELESP CELULAR PARTICIPAÇÕES S.A. PUBLICLY HELD COMPANY CNPJ/MF No / NIRE RELEVANT FACT

Budgeting Without Spreadsheets checklist

Even Construtora e Incorporadora S.A. Quarterly Information (ITR) at March 31, 2011 and Report on Review of Quarterly Information

OGX Petróleo e Gás Participações S.A.

ENEVA S.A. CNPJ/MF No / NIRE Publicly Held Company

3Q10 Conference Call Presentation (Only in Portuguese)

KEY TAX DEVELOPMENTS IN LATIN AMERICA

Conference Call 3Q11. (Only in Portuguese)

Conference Call 1Q11. (Only in Portuguese)

Contax Participações S.A. and

Brookfield Incorporações S.A. Institutional Presentation 2012

Professional & Financial Sectors in Brazil

EARNINGS RELEASE 1Q11 1Q11. BANCO PAULISTA SOCOPA Corretora 1 st Quarter 2011 Results 1

Alternative trading and price discovery mechanism: Call Market. Apr/2017

INNOVATION IN THE PRACTICE OF CORPORATE LAW

Financial Statements LOG Commercial Properties e Participações S.A.

Investor Relations Report

EXPENDITURE 2, Fixed Investments , Fixed Investments SOURCES OF FUNDS Retained Earnings 600

COMPANHIA DE GÁS DE SÃO PAULO

Discussion Paper No. 2003/56

FORM 20 F. AMBEV S.A. (Exact name of Registrant as specified in its charter)

ITAÚSA - INVESTIMENTOS ITAÚ S.A. CNPJ / A Publicly Listed Company NIRE

Financial Statements Brasil Brokers Participações S.A. March 31, 2018 With Independent Auditor s Report

FOURTH AMENDMENT TO THE SHAREHOLDERS AGREEMENT OF BRASIL BROKERS PARTICIPAÇÕES S.A.

Presentation of 1Q13 Results

Results 3Q17 FLRY3. October 2017

2Q10 Conference Call Presentation (Only in Portuguese)

Telemar Norte Leste S.A.

Monaco. Experts in the Incorporation of Companies and International Tax Optimization since 1991 AMEDIA PARTNERS MONACO 1

Two tales of development

2015 Global Results. Deep Industry Expertise Globally Integrated Platform Culture of Excellence

Measuring Decent Work in Brazil The Decent Work Country Profile at a glance

Aligning ecological fiscal transfers in national and state policy mixes

INSTITUTO DE POLÍTICAS DE TRANSPOSTE E DESENVOLVIMENTO ITDP BRASIL

Brasil Brokers announces its 4Q08 results

Preference for Liquidity of Agents: An Analyse of Brasilian Case

A PANEL DATA INVESTIGATION ON THE BRAZILIAN STATE LEVEL EXPORT PERFORMANCE. Flávio Vilela Vieira Eduardo A. Haddad

Transcription:

Taxation of Individuals: What to be expected in 2017? Nicole Najjar Prado de Oliveira December, 2016

Overview Tax Burden Composition When it comes to composition, Brazil s tax burden is similar to developing countries, in opposition to developed countries standards Income, VAT or Property Developed countries tend to finance it s economy by primarily taxing individuals income and property Brazil and others developing countries tend to prioritize VAT Income and Property are than taxed with lower rates Populist practice Source: OECD 2

Overview Tax Burden x Return to Society Aside from the numerous taxes, studies have proved that Brazil is among the countries with less social benefits returned to society Poor tax resources management IRBES Social benefits indicator 30 Countries with High Tax Burden Tax Burden vs. Gross Domestic Product IRBES (1º) Australia 27,30% 162,9 (2º) South Korea 24,30% 162,8 (3º) USA 26,40% 162,3 (4º) Switzerland 27,10% 161,8...... (30º) Brazil 35,04% 137,9 Sources: OECD and IBPT (Instituto Brasileiro de Planejamento Tributário) 3

Brazil s Political and Economic Context Brazil s Political and Economic Context Economic indicators 2016 estimated deficit U$ 51 bi Brazil s rating cut further into junk by S&P, Fitch and Moody s 2015 Tax Revenue: Estimated U$ 373 bi Collected U$ 343 bi 2016 Tax revenues collected until September U$ 276 bi 2015 Tax revenues collected until September U$ 273 bi 380 360 340 320 Revenues Estimated x Collected 2015 Estimated Collected 4

Tax Collection in the past 10 Years Over the past 10 years, tax collection has not met expectations Individuals contribution to the amount of tax collected by Brazilian IRS (Income Tax and WHT only) 15,00% 10,00% 5,00% 12,82% 9,57% 10,09% 9,98% 9,90% 9,67% 10,02% 9,57% 10,00% 10,21% 0,00% 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2006 x 2015 2006 2015 Total Tax Collected U$ 112.8 bi Total Tax Collected U$ 363.6 bi Supported by Individuals U$ 14.4 bi 12,82% Supported by Individuals U$ 36.8 bi 10,21% 5

What to be expected in 2017?

Potential Tax Legislation Amendments Inheritance and Gift Tax Income Tax on Gift and Inheritance Main discussions Wealth Tax Tax on Wealthy Inheritance and Gift CPMF CFC Rules for Individuals Capital Gains 7

Potential Tax Legislation Amendments Bill nº 60/2015 Goal Amendments to Gift and Inheritance taxation Bill status subject to special regime and waiting to be voted in plenary session since June 2015 Inheritance and Gift Tax State Regulations Federal Regulation Progressive rates up to 8% Rates are determined by each State s legislation Higher rates are expected Possible exemptions by federal legislation Global trends to tax gift and inheritance events at higher rates 8

Potential Tax Legislation Amendments Bill n.º 1.408/2015 As of today, the exemption limit is set at US$ 18k per year Bill status subject to ordinary regime, with opposing opinion from Constitutional and Justice Commission on December 2015 Inheritance and Gift Tax Today 4% rate Calculation Basis US$ Gift Inheritance Up to 60.530 Exempt Exempt from 60.530 to 302.650 3% 4% State of São Paulo 3% rate on gifts from 302.650 to 454.600 from 454.600 to 605.300 3% 5% 3% 6% Amendments Progressive rates on inheritance from 4% to 8% from 605.300 to 908.000 3% 7% over 908.000 3% 8% 9

Potential Tax Legislation Amendments State 2015 2016 Ceará 2% to 8% Inheritance / 2% to 4% Gift 2% to 8% Inheritance and Gift Distrito Federal 4% Inheritance and Gift 4% to 6% Inheritance and Gift Goiás 4% Inheritance and Gift 2% to 8% Inheritance and Gift Inheritance and Gift Tax Other States Maranhão 2% Inheritance and Gift 1% to 2% Gift / 3% to 7% Inheritance Mato Grosso do Sul 4% Inheritance / 2% Gift 6% Inheritance / 3% Gift Paraíba 4% Inheritance and Gift 2% to 8% Inheritance and Gift Pernambuco 5% Inheritance / 2% Gift 2 to 8% Inheritance and Gift Piauí 4% Inheritance and Gift 2% to 6% Inheritance / 4% Gift Rio de Janeiro 4% Inheritance and Gift 4,5% to 5% Inheritance and Gift Rio Grande do Norte 3% Inheritance and Gift 3% to 6% Inheritance and Gift Rio Grande do Sul 4% Inheritance / 3% Gift Up to 6% Inheritance / 3% to 4% Gift Sergipe 4% Inheritance and Gift 2% to 8% Inheritance / 4% Gift 10

Potential Tax Legislation Amendments Bill nº 5.205/2016 Goal Extinguish the Income Tax exemption on gifts and inheritance Bill status under analysis of Justice and Tax Commission since August 2016 Income Tax on Gift and Inheritance Inheritance Gift Income Tax Rates Up to US$ 1,4mi Up to US$ 280k Exempt From US$ 1,4mi to US$ 2,8mi From US$ 280k to US$ 563k 15% From US$ 2,8mi to US$ 5,6mi From US$ 563k to US$ 845k 20% Over US$ 5,6mi Over US$ 845k 25% 11

Potential Tax Legislation Amendments Bill nº 130/2012 Goal Taxation of individual s net wealth Wealth Tax Bill status Still pending of approval at the House of Representatives, since September 2012 Up to US$ 4,3 mi Calculation Basis Rates Exempt From US$ 4,3 mi to U$ 13,4 mi 0,5% From US$ 13,4 mi to U$ 40,2 mi 0,75% Over US$ 40,2 mi 1,00% 12

Potential Tax Legislation Amendments Bill n.º 96/2015 Bill status under analysis of Constitutional and Justice Commission since October 2016 Tax on Wealthy Inheritance and Gift Today In Brazil, wealth transmission is taxed by lower rates when compared to 1st World countries Examples: UK - 0 to 40% USA - 0 a 60% France - 5% to 60% Italy - 3% to 27% Germany - 0 a 70% Proposed Taxation Federal taxation of Wealthy Inheritance and Gift Progressive rates up to 27,5% No definition of wealthy so far 13

Possible Tax Legislation Amendments Bill n.º 140/2015 Aims to reinstate the Contribution on Financial Transactions ( CPMF ) 0,20% rate CPMF Federal government expects to collect up to U$ 10 bi with CPMF Bill status subject to special regime, under analysis of Constitutional and Justice Commission 14

Potential Tax Legislation Amendments Provisional Measure nº 627/2013 MP 627/2013, already revoked, established CFC rules both for companies and individuals who are deemed to have control over a foreign legal entity CFC for Individuals Goal Switch the moment of income recognition for individuals from the general rule of cash accounting to accrual accounting The deferral of taxation granted to individuals in respect of income earned at the CFC s level would have been overruled Profits of a CFC would be deemed available to the Brazilian resident individual on the date of the balance sheet in which they are registered Future perspectives given the strong opposition that these rules suffered in Congress, which led to their rejection, the political environment is not favorable for the reenactment of the CFC rules for individuals in the short term. In any case, it is possible from a strictly legal perspective 15

Tax Legislation Amendments Law nº 13.259/2016 Established a progressive taxation method effective as of January 1 st, 2017, replacing the current 15% flat rate Capital Gains The 15% flat rate gives place to progressive rates up to 22,5% 15% - up to U$ 1.500.000,00 17,5% - from U$ 1.500.000,00 and U$ 3.000.000,00 20% - from U$ 3.000.000,00 and U$ 9.000.000,00 22,5% - over U$ 9.000.000,00 16

www.mattosfilho.com.br SÃO PAULO PAULISTA Al. Joaquim Eugênio de Lima 447 01403 001 São Paulo SP Brasil T 55 11 3147 7600 SÃO PAULO FARIA LIMA Rua Campo Verde 61 3º andar 01456 000 São Paulo SP Brasil T 55 11 3035 4050 BRASÍLIA SHS Q6 Bloco C Cj. A sala 1901 70322 915 Brasília DF Brasil T 55 61 3218 6000 RIO DE JANEIRO Praia do Flamengo 200 11º andar 22210 901 Rio de Janeiro RJ Brasil T 55 21 3231 8200 NEW YORK 712 Fifth Avenue 26 th floor New York NY USA 10019 T 1 646 695 1100