[widget id=”custom_html-2″]

CHAPTER 13

Exporting from Brazil

[accordion][pane title=”INDEX OF PARAGRAPHS”]

[widget id=”custom_html-23″]

[/pane][/accordion]

TAXES ON EXPORTATIONS

GENERAL

The Tax on Exportation (Imposto de Exportação, “IE”) is the exclusive competence of the Federation (Article 153, II). It determines the applicable rate.

The taxes are due as soon as customs administrative documents are filed, whether or not there was a contract.

RATE AND BASIS FOR CALCULATION

The calculation is based on the normal price at which the product – or equivalent – would be sold under normal conditions of competition in the international market. The FOB sale’s price is indicative of the normal price.

To determine the basis for calculating the tax, the sale’s price of the exported goods may not be less than the purchase price or the cost of production, plus taxes paid, and a 15% margin on the total sum of costs and taxes.

The current rate is 30%. The federal government can increase this rate but does not go beyond 150%. However, in an effort to improve the trade balance, the tax applied is commonly 0%.

AID FOR EXPORTING

PROEX

The Ministry of Foreign Trade has developed an Export Financing Program (“PROEX”).

This federal program is intended primarily for small and medium-sized companies. Only those with gross annual revenues under 60 R$ can participate in this program.

There is also a list of products eligible for this program; this list is based on the NCM. In practice, almost all products and services are eligible, only raw materials are excluded.

For each of the products and services, there is a maximum duration of funding ranging from 2 to 120 months.

The benefits offered by PROEX are:

  •  Financing of the value of the contract,
  •  Fast approval of the financing by Banco do Brasil,
  •  No minimum limit of value or quantity,
  •  There is no cost if the process of exportation is stopped by the exporter,
  •  All usual customary terms and conditions applying to international trade (Incoterms) are accepted.

In return, PROEX requires guarantees.

To apply for the PROEX funding, it is necessary to contact one of the 18 regional foreign trade support offices of Banco do Brasil (Gerencia Regional de Apoio ao Comercio Exterior do Banco do Brasil – “GECEX”). More information (in Portuguese) is found at:

http://www.desenvolvimento.gov.br/sitio/interna

BNDES – EXIM

Similarly, the BNDES (Banco Nacional de Desenvolvimento Economico e Social) offers the EXIM financing. This program may cover both the financing of the process of production of goods for export, and the financing of the sale abroad.

Financing of the process of production:

  •  up to 18 months for goods and services,
  •  for the car industry, financing of up to 450 days of production,
  •  special terms of financing for increasing capacities of production to export.

Financing of the sale:

  •  Financing of the sale of goods and services exported for a period up to a maximum of 12 years.

More information (in Portuguese) at: http://www.bndes.gov.br

DRAWBACK

Drawback is a procedure of incentives for exportation, starting as early as the process of importation of goods necessary for local production. The idea is to import raw materials, semi-finished products or other goods tax free, provided they are used in a production process on the local market, and that finished products are exported.

There are three forms of Drawback:

  •  Drawback “suspension”: the payment of taxes on imported products shall be suspended until evidence that finished products have been exported is provided.
  •  Drawback “exemption”: if it appears that some parts have been included in the process of production of goods exported, and have been fully taxed (because not properly identified beforehand), it is subsequently possible to import the same quantity of parts without paying taxes.
  •  Drawback “restitution”: same scenario as ‘exemption’, but in this case, tax is paid, and a credit on taxes is granted.

[btn text=”TABLE OF CONTENT” link=”https://www.bpc-partners.com/brazilian-taxes-what-you-need-to-know/table-of-content/” bcolor=”#666″]