Luiz Felipe Centeno Ferraz Of Mattos Filho, Veiga Filho, Marrey Jr E Quiroga Advogados
Contributed by Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados
Tax
The dawn of 2011 saw the election of a new federal government in Brazil and Dilma Roussef sworn in as the country's new president. Her election was warmly received by the people and her first few months of office have been largely trouble-free. Nevertheless, she faces an uphill task over the coming years to face down a number of challenges and implement a series of much-needed reforms.
Tax reform has been a perennial problem for successive governments in Brazil and, to date, a series of draft reforms have failed to achieve the necessary political consensus to prosper. The new government has signalled its intention to up the tempo on tax reform and recently announced a four-step draft bill to be sent before the National Congress. The draft bill includes proposed changes to the regime governing taxes on goods and services, payroll taxes, export incentives and changes to speed up the payment of tax credits.
Whilst the tax bill remains a work in progress, infrastructure investment has been another important area of focus during 2011. Further tax incentives were introduced during 2010 and 2011, targeted at projects earmarked as a priority by the federal government. These mainly include infrastructure works related to the World Cup in 2014 and the Olympic Games in 2016.
The extra measures come as a result of the government's acknowledgement that the incentive of running the projects alone might not be enough to secure the required funding, leading to the introduction of tax incentives linked to investment financing.
In addition to looking forward to hosting high-profile events such as the World Cup and the Olympic Games, Brazil has sought to consolidate its reputation as a developer of technology and in manufacturing. To this end, tax incentives have again been applied or amended to foment growth in these areas.
With so many incentive schemes in force, the federal government faces constant pressure to balance payments and contain its deficit, which has led to a more robust stance being taken by the Brazilian revenue service. This in turn has led to a stricter enforcement of tax audits and an increase in tax litigation. Landmark cases in 2011 include judgments on controversial areas such as tax planning and transfer pricing, where the revenue service has not shied away from flexing its new-found muscle.
In a carrot-and-stick approach, the revenue service has complemented its more aggressive stance with more conciliatory measures aimed at promoting dialogue amongst stakeholders. During 2010 and 2011, taxpayers and legal professionals were invited to discuss new rules on tax planning, transfer pricing and thin capitalisation. Should the tax authorities continue to maintain these channels of communication in the long term, then we could perhaps be witnessing the start of a more collaborative relationship between the revenue service and taxpayers.
It is likely that the revenue service will continue to assist the federal government with the preparation of new legislation for 2012. It is expected that this new legislation will focus on tax planning in general, transfer pricing and the tax impact of the relatively new income tax rules and their effect on accounting practices.
Tax payers remain sceptical as to the chances of seeing tax cuts, as the long-term trend has been in the opposite direction with collection replacing planning in the governments strategy, barring those areas in which it wishes to promote growth.
José Souto Maior Borges of Souto Borges Advogados is highly recommended for his legal opinions on tax matters and is extremely knowledgeable of the tax aspects of the Mercosur treaties. He is also well versed in tax treaties and free trade matters.
Roque Antônio Carraza of Roque Carraza Advogados Associados is considered to be one of the foremost tax experts in Brazil and is highly regarded for his legal opinions. Sources hail
Paulo de Barros Carvalho of Barros Carvalho Advogados Associados as
"one of the most important lawyers in tax law in Brazil." He is regularly retained by important clients for his expertise. Venerable tax expert
Hugo de Brito Machado of Brito Machado Consultores Associados is praised for his long-standing tax experience and is a clear reference point in the Brazilian tax market. Sources also highlight
Ives Gandra da Silva Martins of Advocacia Gandra Martins for his encyclopaedic tax knowledge and strong track record in the sector.
Alcides Jorge Costa of Alcides Jorge Costa Advogados Associados has enviable experience in the market, having served as a judge for São Paulo's Taxes and Interests Tribunal for almost a decade, and also due to prior experience as a legal adviser to the IFC on the subject of international lending to Brazil.
Marco Aurélio Greco is a highly respected professor at Fundação Getúlio Vargas de São Paulo, one of the most prestigious universities in Brazil. He is a respected, published authority on local tax legislation.
Ricardo Lobo Torres is a key tax specialist at Ricardo Lobo Torres Advocacia and is recognised for providing insightful legal opinions on tax matters.
Paulo César Ruzisca Vaz founded tax boutique Vaz, Barreto, Shingaki & Oioli Advogados and is a clear reference point in the market. Sources draw attention to
Mário Junqueira Franco Júnior of Martins, Chamon e Franco Advogados for his strong technical expertise and highlight him as a star of the future. Sources commend
Humberto Ávila of Humberto Ávila Advogados Associados for his in-depth knowledge of the tax arena.
Aires Fernandino Barreto is a well-regarded tax specialist at Advocacia Aires Barreto and impresses sources with his academic credentials. Sources highlight tax litigation expert
Eduardo Borges of Prado Borges Advogados for his "
professional synergy" and his skills in representing clients in administrative and judicial tax proceedings.
Edvaldo Brito of Edvaldo Brito & Advogados Associados is also highly regarded for his legal opinions on tax matters and is an established name in the market.
Eurico Marcos Diniz de Santi is another strong reference point for tax matters at Fundação Getúlio Vargas de São Paulo, where he founded Núcleo de Estudos Fiscais.
José Eduardo Soares de Melo of Soares de Melo Advogados is a key figure in the market and well versed in tax matters.
Heleno Taveira Torres is a highly regarded lawyer at Heleno Torres Advogados and has a strong academic profile in the market.
Silvania Tognetti joined Brasil, Pereira Neto, Galdino e Macedo Advogados – BPGM in August 2010. She is well regarded in the market for her expertise in tax consultation and litigation and is focusing her efforts on expanding the firm's tax practice.
Fernando Salvia of Coimbra, Focaccia, Lebrão e Advogados (CFLA) emerges as a young talent in litigation and clients highlight his
"impressive technical capacity." Since publication,
Christiano Chagas Monteiro De Melo has joined Soares Buchamar Chagas Barros Advogados. Sources highlight his
"technical knowledge and practical approach to resolving problems faced by in-house tax departments." Celso Grisi and
Daniel de Aguiar Aniceto departed BKBG to form Grisi, David e Aniceto Advogados Associados. Sources admire Grisi for his technical expertise, while Aniceto is highlighted for his skills in contentious matters.
Pedro Guilherme Accorsi Lunardelli is back at the helm of an independent Advocacia Lunardelli, following an unfruitful experiment uniting his tax boutique with Siqueira Castro. He is singled out as
"a lawyer with an excellent reputation in the Brazilian market."