Text details rules of the new IBS, creates management committee and provides measures to combat evasion and adjust transition from states and municipalities
The Federal Senate Plenary approved on Tuesday (30) the urgent request for the second complementary bill that regulates the tax reform in Brazil. With this, the senators start the discussion of the text and should vote the proposal today. If approved, the matter will return to the House of Representatives for final analysis.
The bill, reported by Senator Eduardo Braga (MDB-AM), details how the Tax on Goods and Services (IBS) will be charged, a tax that will unify the ICMS (state) and ISS (Municipal). It also provides for the creation of the IBS Management Committee, a special public entity responsible for coordinating tax collection and distribution between states, Federal District and Municipalities.
Of the 195 amendments presented, 65 were welcomed in whole or partially, including:
- Change of NAFTA tax collection to combat evasion;
- Gradual adjustment of the IBS rate during the transition period, allowing state and municipal adaptation;
- New IBS calculation basis considering the collection of ICMS and ISS between 2024 and 2026.
Main points of the project:
- IBS Management Committee: institution of the entity to manage and coordinate the tax;
- Committee elections: rules adjusted for the election of municipal representatives in the Superior Council, ensuring competitiveness;
- Split Payment: clear rules for automatic tax collection, fighting evasion;
- Integration of Administrative Litigation: Creation of National Chamber to standardize jurisprudence of IBS and CBS;
- End of quality vote: Mayor will only vote in the event of a tie;
- ITCMD Private Welfare: Exemption from Inherited Benefits Taxes, according to the STF’s decision;
- Quota/Action calculation basis: simplification for equity values of quotas or shares not traded on the scholarship;
- ITBI and optional anticipation: rules that allow optional anticipation of the tax in the formalization of translative titles;
- Nano -entrepreneur: extent of the exemption regime to taxi drivers, motorcycle taxi drivers and autonomous truckers;
- Gradual Selective Tax: Escald collection on sugary beverages between 2029 and 2033;
- Zero Tale for PCD Vehicles: Increased exemption ceiling from R $ 70 thousand to R $ 100 thousand;
- Early taxation of NAFTA: ICMS will be charged already on imports, closing loopholes to fraud.
Urgency approval represents a decisive step so that tax reform quickly advances in the Senate and can bring more clarity, legal certainty and revenue efficiency to states and municipalities.
