A new ancillary obligation
Paulo Machado (Attorney from Tax Law Department)
Júlia Bandeira de Melo Campos (Intern from Imigration Department)
The Federal Revenue established the Instruction nº 1277 from June 28, 2012, that disciplines a new ancillary obligation which is to provide information concerning to transactions between residents in Brazil with residents abroad. These transactions are those made with intangible services and other operations that produce changes on the heritage of individuals, legal entities or depersonalized.
The supply of information has to be made through the electronic system available on e-CAC (Virtual Center to Taxpayer Assistance) from Federal Revenue, within 30 days from the beginning of the service rendering, commercialization of intangibles, or transaction that produces variation in equity.
However, according to paragraph 1º of Article 3rd of the Instruction nº 1277, until December 31, 2013, that period will be extended to 90 days. The initial term for the supply of the information is in the attached statement of the rules under consideration, being different depending of the services.
The services detailed are: construction services; postal services, collection services, shipment or delivery of documents (except cards) or small objects; express delivery services; maintenance, repair and installation (except construction) – August 1st 2012. Providing food and drinks and hosting services; legal and accounting services; other professional services; publishing services, printing and reproduction; personal services – October 1st 2012. Distribution of goods; custom broker services; real estate services; services in support of business activities – December 1st 2012. Financial services and related; receivables securitization and commercial development; Information Technology Services – February 1st 2013. Passenger transport services, cargo transportation services, support services for transport – April 1st 2013. Services of Operating leases, intellectual property, business franchises and exploitation of other rights; services research and development, recreational, cultural and sporting services; assignment of intellectual property rights – June 1st 2013. Services for transmission and distribution of electricity, gas and water distribution, telecommunications services, broadcasting and supplying of information, support services for agricultural activities, forestry, fisheries, aquaculture, mining, electricity, gas and water; educational services; services related to human health and welfare; treatment services, disposal and solid waste collection, sanitation, remediation and environmental services – October 1st 2013.
In addition, taxpayers that choose the tax regime of “National Simple,” the individual micro entrepreneurs and individuals who do not exploit usually and professionally any economic activity, provided that the value of transactions does not exceed US$ 20,000.00, are exempted the accessory obligation in question.
It is even important to remember, that the provision of such information out of the deadlines established on Article 3rd of the Instruction nº 1277, will result in a penalties of R$ 5,000.00 per month or fraction of a month in arrears, plus 5% penalty not less than R$ 100.00, in the case of missing information, inaccurate or incomplete.