Because of the high value of the dollar against the real, software and games for PlayStation 4 and Xbox One is already reaching around R $ 300 in Brazil. A new tax approved by the state government of Sao Paulo promises to leave more expensive programs also acquired through download -. Ie no physical media
The Governor Geraldo Alckmin has decided to change the ICMS tax base (Tax on Goods and Services). Thus, the tax will be set based on the total price of the product, including the software itself, beyond any physical media (such as CDs accompanying) and other values. Today, the tax is levied only on physical media.
The measure takes effect in January, but area residents are already moving to prevent change. According to Manoel Antonio dos Santos, legal director of the Brazilian Association of Software Companies (ABES), the proposal must be countered with a lawsuit.
According to the Treasury Department of São Paulo (Sefaz-SP) the idea is that the readjustment put the Paulista taxation on the same level as that adopted by the rest of the country. For lawyers consulted by Valor Econômico newspaper, however, the measure not only turn away new buyers but can also discourage businesses and discourage the industry. In addition, there are precedents in the Supreme Court cases in which the court prevented similar attempts of tax increases for software.
“In the 90s, after legal disputes in which several companies were victorious, the government Fleury [Luiz Antonio Fleury Filho] established such a basis of calculation software ICMS, which is twice the value of the physical support, to attract businesses to the state [of São Paulo], “explains Antônio dos Santos. “The tax due on the development and software license is the ISS [Service Tax]. Therefore, we will not pay sales tax.”
Via Econômico
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