Tired of paying tax? Best catch his breath, as more taxation comes around. And that is focused in São Paulo. Governor Geraldo Alckmin (PSDB) approved this week a measure amending the ICMS tax (Tax on Goods and Services) that focuses on software.
In practice, the decree 61522/2015 changes the rules of taxation on computer programs. Starting in January, the ICMS rate of software becomes 18%.
With the repeal, the tax basis in commercial transactions involving computer systems becomes the transaction amount , which includes the value of the program, the computer readable and other amounts that are charged to the purchaser.
From this change, taxation passes be defined in relation to the total price of the system. According to the Secretariat of State Finance (Sefaz-SP), the measure is to adjust the tax at São Paulo adopted by other states.
There are some objections to taxation that oppose the new decree. One of these points is that, according to some experts, there are already incidence of ISS (Service Tax) in the production of software. Thus, the addition of VAT would be a double charge.
Sector Entities move to prevent the advance tax. Manoel Antonio dos Santos, legal director of the Brazilian Association of Software Companies (ABES), indicated that the proposal should be countered with a lawsuit in court.
* updated news the 14h25 of 08 October to adjustment information.
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