Brazilian Tax Code

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History

The Brazilian Tax Code (Código Tributário Nacional) was enacted in 1965 and came into force in 1966. During that time, Brazil was governed by a military council which came to power back in 1964. It was conceived as a tool to articulate all the different laws versing about taxes by that time and it still remains in force in Brazil even though there has been a historical pressure for enacting a new one or at least improving the current. As a matter of fact, Brazil has always been known for his complexity when it comes to the tax system. Even local lawyers sometimes find difficulties when advising clients on that.

Brazil's Complex Corporate Taxes

Principles

Generally speaking, the guiding principles regarding labor law in Brazil are:

  • Equality: tax collection must be proportional to social and economic discrepancies among different groups
  • Legality: taxes cannot be charged without a law allowing government to do so
  • Liberty: taxation cannot exempt people from enjoying their constitutional rights
  • Anteriority: a law establishing a new tax will only come in force subsequent to a certain lag time
  • Nothing is Certain

http://www.economist.com/news/business/21569450-brazilian-firms-fight-huge-and-unpredictable-tax-bills-nothing-certain

Controversy

Theoretically, each federal entity should collect taxes and receive a more or less proportional amount conditional upon the circumstances, such as wealth inequality, region and so on. However, in practice, what it happens is that the Union collects more than two thirds of all taxes charged on Brazil. In other words, almost 70% of all taxes in Brazil go to the Federal Government.

This has always been a serious issue because most states and municipalities are dissatisfied with the current scenario.However, due to political influence and lack of articulation of certain political parties, most analysts find very difficult to believe that the tax system is likely to be improved in the short run.

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