SOLERE ADVOGADOS ASSOCIADOS

Organization and distribution of taxes

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1 – Tax burden and distribution

          The weight of the tax burden in Brazil has continued to grow since the return to democracy in 1985, and is now around 34% of GDP. According to data published by the Federal Revenue of Brazil (“Tax Burden in 2016”), around 48% of the total tax burden comes from indirect taxes, which affect consumption, 20% correspond to direct taxes on income and earnings. capital (capital gains) and 26% on salaries. In Brazil, there is no indirect tax identical to VAT, but there are several different taxes that apply depending on the territorial community in question (Union, State or Municipality) and the products in question.

2 – The main taxes and contributions

          The Federal Constitution of Brazil of 1988 divided tax jurisdiction between the three entities of the federation, as follows:

           – THE UNION is competent to set income tax; imports and exports; industrialization; financial products; rural property and great fortunes.
           – The STATES are competent to set inheritance tax and taxes on donations; car ownership; and, above all, the Tax on the Circulation of Goods and Services – ICMS;
           – The MUNICIPALITIES set and collect IPTU and those related to the transfer of real estate (ITBI) and service tax – ISS, to be paid by service providing companies with headquarters or establishment in the municipality.

3 – A tax system more favorable to capital and high income

          With a 48% tax on consumption in 2017, Brazil continues to favor indirect taxation to the detriment of direct taxation, even after 15 years of the Workers' Party-PT government, with the presidencies of Lula and then Dilma that did not increase the importance of direct taxation.
          The Brazilian tax system is so unfavorable to the less wealthy that the tax on large fortunes, provided for in the Constitution, was never instituted and the dividends distributed are not subject to any tax.
          Likewise, the inheritance tax, which is the responsibility of the States, varies between States, but remains low, on average, at 4% to 5%. However, there is a national debate that increasingly contests low taxation.
          As for personal income tax, it is subject to low progressiveness, as shown in the table below for 2018:

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Curriculum Vitae

Solere Advogados Associados

Flávia Barros Ornellas

Advogada membro da OAB Rio de Janeiro

LANGUAGES

French, Portuguese (mother tongue), English

CONTATCS

ACTIVITY SECTOR

Business law, taxation and foreign investments.

MAIN ACTIVITIES

Assistance in the incorporation of companies in Brazil with the participation of foreign capital – international commercial law, preparation of various contracts, international tax consultancy, regularization of operations abroad, labor and real estate consultancy.

EXPERIÊNCIAS

Andrade e Fichtner Advogados Advogados (2017-2018)
Escritório Solere – Advogados Associados (2019-2024)

ACADEMIC EDUCATION

  • Graduated from the Fluminense Federal University – UFF

Curriculum Vitae

Solere Advogados Associados

Débora Ximenes

Advogada membro da OAB Ceará

ACTIVITY SECTOR

Business and intellectual property law, more focused on startups, digital companies and innovative initiatives.

LANGUAGES

Portuguese (mother tongue)

CONTATCS

EXPERIENCE

Débora Ximenes Advogados - Founding Partner (2022-2024);

Barreto e Maia Advogados - Partner Lawyer (2019 to 2022);

Carlos Henrique Cruz Law Firm - Intern (2017-2019).

ASSOCIATIONS

Lawyers Association of Ceará.

ACADEMIC EDUCATION

  • Master in Intellectual Property and Technology Transfer for Innovation (PROFNIT/IFCE);

  • Specialist in Technology Law (PUC/MG);

  • Postgraduate student in Business Law (FAAL);

  • Graduated from the Federal University of Ceará – UFC.

Curriculum Vitae

Solere Advogados Associados

Hervé N. Linder

Lawyer Member of the New YorK Law Association

ACTIVITY SECTOR

Corporate and commercial law, international mergers and acquisitions, immigration and foreign law

LANGUAGES

French (mother tongue), English, Portuguese and Spanish

CONTATCS

EXPERIENCE AND ASSOCIATION

Hervé was a lawyer at the CMS-Francis Lefebvre Office in New York.
Member of the Board of Directors of the French-American Chamber of Commerce of New York, the International Bar Association, the American Lawyers Association (commercial law and international law), the New York Bar Association and the American Immigration Lawyers Association.

ACADEMIC EDUCATION

  • Certificate in English Law Studies from University College London.
  • Graduated in business law and graduated in public law from the University of Paris II – Assas.
  • Postgraduate in Anglo-American Corporate Law from the University of Paris I – Sorbonne, and LLM from Columbia University School of Law

Curriculum Vitae

Solere Advogados Associados

Bertrand de Solere

Sócio Fundador

ACTIVITY SECTOR

Business Law: M&A, tax, international contracts, foreign investments.

LANGUAGES

French (mother tongue), Portuguese, English

CONTATCS

MAIN ACTIVITY

Advice to foreign investors in Brazil, in any sectors of industrial and service activities, partnership negotiations, carrying out legal and tax due diligence, representation of foreign investors in Brazil as shareholders, or as a member of the board of directors or as legal representative of Brazilian companies.

ADDITIONAL ACTIVITIES

Mediator trained by the Paris Mediation and Arbitration Center (CMAP) and the France-Brazil Chamber of Commerce (CCFB)
Professor at the Paris Institute of Political Studies (IEP), responsible for the course: “Business practice in emerging countries: China, India and Brazil”
Tax law class for expatriates at l’École national des arts et métiers (ENSAM/ENS/CACHAN)

ACADEMIC EDUCATION

  • Transformando seu negócio com IA – INSEAD – 2024
  • MBA in Corporate Finance (FGV/RJ) 2009/2010
  • Postgraduate (DEA) in public international law
    (University René Descartes – Paris V) – 1994
  • Graduation in Brazilian Law (Federal University of Rio de Janeiro-UFRJ) – 2003
  • Degree in Anglo-Saxon Law (UniversityCollegeGalway – Ireland) – 1993
  • Degree in French Law (University of Poitiers) – 1993

ASSOCIATIONS

  • Brazilian Lawyers Association
  • Qualified by the Supreme Court of the State of New York (United States)
  • Associação Americana da Ordem dos Advogados
  • Conselheiro do Comércio Exterior da França (CCEF)
  • France Brazil Chamber of Commerce (CCFB)
  • CCFB Mediation Chamber
  • Brazilian Arbitration Committee
  • International Union of Lawyers