what changed in the fourth report

Income tax reform rapporteur Celso Sabino (PSDB-PA) has already presented four versions of his opinion. In the latest, he made further changes to the corporate and dividend rules. Photo: Najara Ara├║jo / Chamber of Deputies

MP Celso Sabino (PSDB-PA), rapporteur for the bill amending the income tax rules, tabled a new opinion on the proposal on Thursday evening (12). Among the changes are a lower cut in the corporate tax rate (IRPJ) and an expansion of the list of companies whose shareholders will be exempt from income tax and dividends.

The document was presented hours after an agreement from party leaders in the House postponed the vote, which was scheduled for the afternoon, until next Tuesday (17).

Among the main innovations of this latest version – the fourth presented by the congressman so far – is the exemption from tax on dividends distributed by companies opting for the deemed profit calculation and having income. annuals of up to 4.8 million reais, that is, those considered micro and small.

In the original government text, the proposal, maintained until the third version of Sabino’s surrogate, was that micro and small business partners would only be entitled to exemption on amounts up to R $ 20,000 per months – anything above this limit would be taxed at 20%. In the previous report, the rapporteur included a provision exempting legal persons under the Simples Nacional regime from tax.

With the change, all micro and small businesses will be entitled to an exemption as long as they opt for deemed profit, a simplified calculation method that has a tax impact on a percentage of deemed profit over turnover.

To compensate for the change, Sabino also changed the IRPJ cut forecast. In the previous version of his report, the deputy proposed a reduction of the base rate from the current 15% to 5.5% by 2023. From now on, the new text provides for a rate of 6.5% for 2022, without further cuts the following years.

The reduction in the social contribution on net income (CSLL) from 9% to 7.5% has been maintained. The additional IRPJ rate of 10% on the portion of profits that exceeds R $ 20,000 per month will be maintained in accordance with the rules in force, according to the report.

The government’s proposed changes to the Personal Income Tax (IRPF) continue to be upheld by Sabino. The project updates the rate table, increasing the exemption range from R $ 1,903.98 to R $ 2.5,000 per month. On the other hand, the 20% simplified tax reduction is now limited to those who receive up to R $ 40,000 per year (just over R $ 3,000 per month).

Pressure from businesses, states and municipalities

Although considered a priority by the President of the Chamber, Arthur Lira (PP-AL), who wished to speed up his treatment, the IR reform project has undergone several modifications in recent weeks according to Sabino’s conversations with the various the House and representatives of state and municipal governments, in addition to entities from various sectors of the economy.

In the first version of his report, presented to chamber heads in July, Sabino proposed a cut in the base rate of the IRPJ from 15% to 2.5%, without modification of the CSLL, but was the target of strong criticism. from representative entities of the State and municipalities. , who claimed they would have billions of losses in the collection.

In a new opinion, the MP tried to sidestep resistance to the bill, setting triggers for the reduction of the IRPJ: the rate would fall to 7.5% in 2022 and there would be a further cut in it. following year only if the general income tax collection increased above inflation. In addition to criticism from states and municipalities, businessmen have also complained about the lack of predictability in the tax burden.

In the third version, Sabino removed the triggers and proposed a reduction in CSLL, a tax levied exclusively with the Union, which would not interfere with transfers to subnational entities.

Registered on the agenda for the week Monday (9), the project did not enter into discussion Tuesday (10) or Wednesday (11) in the middle of the mobilization of the parliament with discussions such as the printed vote, the changes in the electoral process and the mini-labor reform.

Thursday (12), although the work of the rapporteur was praised by the leaders of the various parties, from the PCdoB to the Novo, the text had not yet reached consensus, even if it had to be analyzed in the plenary of the hemicycle. After being discussed, the project, which has already received 129 amendments, was withdrawn from the agenda after an agreement between the benches.

By accepting the postponement of the vote until next Tuesday (17), Lira made an explosion in which she criticized the resistance to the project. “The Presidency of the House specifies that this postponement will only serve as a speculation so that the companies which want to maintain privileges continue to try to negotiate in the hall of the plenary of this House and the federal Senate”, declared the president of bedroom. .

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