2024-01-30 20:40:19
How much tax will companies pay from the Constitutional Amendment 132/23 is one of the main doubts faced by businesspeople since the Tax Reform was approved in December last year. And, to help them, Econet Editora launched a calculator, called Eco NCT, which compares before and following the replacement of taxes Tax on Industrialized Products (IPI), Tax on Circulation of Goods and Provision of Services (ICMS), Tax over services (ISS), Social integration program (PIS) and Contribution to Social Security Financing (Cofins), by a Dual Value Added Tax (VAT), composed of the Tax on Goods and Services (IBS) and the Contribution on Goods and Services (CBS).
To simulate the calculations, it is necessary to fill in the sales and purchase values because the tax reform provides for the possibility of taking credits upon entry, including for Simples Nacional companies that opt for external calculation. Therefore, it will be important to know the supplier’s taxation.
The next step is to fill in the taxes on the exit and the credit rates on the entry. Finally, it is necessary to fill in the rates that are being speculated. The fields are editable and users can make changes whenever they want. It is still possible to fill in the reduction percentages, which can be 30%, 60% and 100%, which will be enabled according to the selected segment (CNAE) at the beginning of the simulation.
On the results screen, before and following comparisons appear for the three taxation regimes: Simples Nacional, Real Profit and Presumed Profit. The tool also provides a demonstrative table, which informs the input and output operations that allow the simulation of the before and following calculation, that is: whether there will be an increase or reduction in the tax burden.
“Although the main objective of EC 132/23 is to simplify national taxation, the transition to the new tax system will be complex. And Eco NCT was created to optimize the work and improve the performance of accountants and tax lawyers”, says Juliano Garrett, federal director of Econet Editora.
He adds that, before talking regarding percentages, it is necessary to understand what the burden will be from now on, especially because there will be a fluctuation between the IBS (which will correspond to Union taxes) and CBS (which will represent state and municipal taxes). There will also be the creation of the Selective Tax (IS), which will apply to industries. It will be a Union tax for products that are harmful to health and the environment.
“Furthermore, it is worth remembering that, in 2024 and 2025, complementary and ordinary laws and regulations will be created that will establish how the reform will be conducted. EC 132/23 itself, the result of PEC 145/19, determines the creation of a Management Committee that will take care of IBS and CBS”, he points out.
The Steering Committee plays an important role in tax reform and will perform functions such as: editing tax regulations; manage centralized tax collection; establish criteria for coordinated action by the Union, the States, the Federal District and the Municipalities in tax inspection; operationalize the distribution of tax revenue; among others.
Transition
In 2026, the testing phase for IBS and CBS begins. Together the two will have a test rate of 1%, with 0.1% corresponding to IBS and 0.9% to CBS. “This 1% rate will be deducted from current taxes in order to identify the revenue potential of one percentage point in the new model”, explains Elisabete Ranciaro, tax director at Econet Editora.
She adds that the CBS will be completely implemented from 2027 onwards. The IBS will only be definitively implemented in 2033, following a period of six years in which it will coexist with the ICMS and ISS, which will be replaced progressively.
O IPI will still remain in the country until 2027but with the new function of maintaining the competitiveness of industrial production in the Manaus Free Trade Zone (ZFM).
And in 2027 the Selective Tax will also come into force, which follows the principle of monophase, that is, it will be levied once on the production, extraction, commercialization or import of products and services that are harmful to health and the environment. “We must note that the principle of selectivity is applied to the IPI and not to the selective tax, which will have the name ‘selective’, but not because of the principle, but because its incidence will be for a selection of products harmful to health and the environment”, highlights Elisabete.
Standard rate and exceptions
CBS and IBS are twin taxes, which means they will have the same rules, the same incidences and the same exceptions to the general rate, estimated at 27.5%. Elisabete emphasizes that some sectors, which will be defined by the complementary law, will have exceptions. One of them is the National Basic Food Basket, whose products are considered essential to guarantee healthy eating for the Brazilian population. The list of exceptions also includes basic menstrual health care products, services provided by non-profit Scientific, Technological and Innovation Institutions (ICT), and the purchase of cars by taxi drivers, among others.
The type of exceptions also includes specific regimes, which will not reduce the tax burden, but adapt tax rules to the sector. They are: financial services, hotels, tourism agencies, sporting activities, fuels and lubricants, among others.
The tax reform also provides for the cashback, mandatory for electricity and gas cylinders. The mechanism provides for the government to return in currency part of the tax paid when purchasing this service and product, respectively, to low-income families.
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