Thursday, June 18, 2015

Software royalties with insurance – National Insurance Portal

 


Aparecido Mendes Rock

 

 

 Software consists of the programs that control the computer, it is a logical part and has the function of providing instructions for the hardware. But the hardware is the physical part, composed of various electronic components, parts and equipment needed to operate the computer.

 There are two basic types of computer program, the “custom software” and the “shelf software.” They are considered intangible assets, and financial and accounting purposes capital goods. Taxation is differentiated and applied as a service or merchandise, due to the form of production and marketing. The custom software is produced to order to meet the specific requirements of a given user, while the shelf software is produced on a large scale and in a uniform manner, can be purchased by any interested party.

 

 Imported software is recorded in the Import Declaration (DI) to their customs value consists of the physical value (cd rom), freight and related taxes. The media values ​​(physical environment and intellectual property) are given only in the commercial invoice (invoice) separately, and the value of intellectual property is legally reissued to the seller abroad, in the form of royalty payments and IR gathering.

 

 The import of transport insurance covers damages during international travel, after landing in Brazil and delivery to site of the importer. The insured amount is based on the value entered in DI and can consist of physical cost of merchandise, freight, 10% expenses, expected profits of 10% and taxes. Thus, the amount of royalties that represents virtually all of the imported goods is not covered.

 

 The importer has the possibility of negotiating with the insurance company to include a particular term to also cover the amount of the royalties, but few insurers who accept this condition, it all depends on commercial interests.

 

 Aparecido Mendes Rocha, an expert on international insurance

 

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