Although judicial power is to a great extent independent of the executive branch, it is quite powerless faced with the organized crime which is rife in the country. Legal reforms advance very slowly and the public does not trust the system. Each Brazilian province has its own legal system. The country also has a system of courts to settle disputes between provinces. Brazil has not accepted the obligatory jurisdiction of the ICJ. The level of corruption is very high, particularly as regards justice. Judicial power belongs to judges, important people, and there is no jury in any lawcourt.
Equal treatment of nationals and foreigners
Although it is partially a constitutional State, there is a climate of anarchy. However, the judicial power guarantees a fair trial to foreign nationals.
The language of justice
Portuguese.
Having recourse to an interpreter
It is often necessary to resort to an interpreter if you do not speak Portuguese.
Sources of the law and legal similarities
The main source of the law is the constitution of 1998. The legal system is based on Roman codes. The civil code, inspired previously by the Napoleonic code, is nowadays closer to the Italian code. Judicial power belongs to judges and important people.
The organization in charge of the protection of patents and trademarks in Brazil is the INPI (Instituto Nacional de la Propiedad Industrial).
Brazil subscribes to the Paris convention on the protection of industrial property and the convention set up by the World Intellectual Property Organization.
ICMS :
Tax on operations concerning the movement of goods and on national, municipal and local transport services.
Tax rate
The ICMS is 17%:
transactions: 17% (18% in Sao Paolo);
inter-state transactions: between 7% and 12%;
imports are subject to: between 18% and 25%;
communication services: from 13% to 35%.
Reduced tax rate
Hundreds, each State can alter them.
Other consumption taxes
A tax on industrialized products (IPI) is also collected: an excise duty levied at the federal level. It applies to almost all sales and transfers of goods manufactured or imported in Brazil. The IPI rate can vary between 0% and 365.6%. The least taxed products are: basic foodstuffs, and the most taxed: alcohol and cigarettes.
Corporate taxes
Tax rate
Corporate tax rate
:
15%
Supplementary tax on profits over 240 000 BRL.
:
10%
Social contribution (CSL). The effective rate can reach 34%. Companies can benefit from reductions or exemptions when they are located in under-developed geographical areas (zonas francas).
:
9%
Tax rate for foreign companies
Companies resident in Brazil pay taxes on their worldwide profits. Foreign companies are only subject to tax if they engage in certain sales operations involving companies or agents resident in Brazil.
Capital gains taxation
The tax rate on long term capital gains is the same as for corporate tax. Non-resident investors are subject to an obligatory deduction of 15%, rising to 25% for residents of tax havens.
Main allowable deductions and tax credit
All the expenses necessary for company activity are deductible. Other expenses can be added: for employees' lunches, training, investment in the north-east of the country or in IT equipment. On the other hand, only 20% of managers' salaries are considered to be deductible expenses.
Other corporate taxes
There are many indirect taxes: the PIS and COFINS, respectively allocated to an employee savings scheme and to reimbursement of social security, and levied on the gross income of the company (1.65% and 7.6%). Exports are exempt, but imports are liable. A supplementary tax, the ISS, is deducted by municipalities on services which are not subject to the ICMS, and is about 2 to 5% of the price of the service billed.
A tax on financial transactions, the IOF (0.0041% per day on credit transactions), another on financial transactions, the CPMF (0.38% on all transfers of funds in Brazil or out of the country), from which foreign investors are exempt.
Concerning real estate, a property tax which varies from 0.3 to 1% of the value of the property is deducted every year by the municipality, as well as a second tax of 0.03 to 20% on rural property, according to the States and the use of the land. Every buyer must pay a progressive tax of 2 to 6% on the price of the property.
Some vehicles like motorbikes or boats are subject to an annual tax of 2 to 4%.
In addition, import companies pay an import duty which varies according to the type of goods, and companies which pay royalties or pay for services rendered by foreign companies are subject to a deduction of 10%.
Individual taxes
Tax rate
Progressive rate
:
0 to 27.5%
Allowable deductions and tax credit
Social security contributions, voluntary contributions to a private pension scheme (up to 12% of salary), professional travel expenses, pensions paid by order of a court, a deduction of 123 BRL per dependant per month, as well as 2 374 BRL in annual educational expenses. Some donations are also allowable for deductions or tax credit.
Special expatriate tax regime
No special regime for residents.
Double taxation treaties
Countries with whom a double taxation treaty have been signed
According to the American model, the financial statements must include at least: a table of variation of equity capital apart from the reserve account, a table of cash flow, notes to the accounts.
Publication
Commercial companies are obliged to publish annually a balance sheet, a profit and loss account and all the information necessary to understand the financial health of the company. The documents are controlled within the 60 days preceding the shareholders' Annual General Meeting.
Independent auditors and international firms registered with the Instituto Brasileiro de Contadores.
The financial statements are controlled by an independent auditor registered with the "Securities and Exchange Commission" or the "Instituto Brasileiro de Contadores". Approximately half of the audits in Brazil are carried out by international audit firms.
The present trend is towards an increase in the number of companies audited, including those which are not obliged to be audited. The guarantee of quality arising from a certification represents a not inconsiderable advantage for Brazilian companies.