The plenary of the Federal Senate approved, this Wednesday (17), the basic text of the project that promotes a linear cut to tax benefits. The matter also increases the taxation of bets, fintechs and targets interest on equity (JCP).
In the Federal Senate, the rapporteur was in charge of Randolfe Rodrigues (PT-AP), who maintained the text approved in the Chamber in the early hours of the morning, making only editorial changes. The Executive counts on the approval of the matter to guarantee the balance of the accounts next year.
The project, by promoting a cut of around 10%, aligns with the amendment to Constitutional Amendment No. 109/2021, which sets a limit of 2% of GDP (Gross Domestic Product) for federal tax benefits until 2029.
The reduction applies to incentives and benefits such as the Contribution to PIS/Pasep (Social Integration and Public Servant Asset Formation Programs) and Cofins (Contribution to Social Security Financing).
Bet taxation
The text proposes a gradual increase in taxes on bets from 12% to 15%, by reducing the portion collected. The proposal redesigns the distribution of the value earned by these companies and includes social security and health in the division. In 2026, taxation would be 13% and 14% in 2027.
The provision is also included that individuals or legal entities that advertise fixed-odd bets that are not authorized under federal legislation will be jointly and severally liable with taxpayers for the applicable taxes.
The rapporteur also holds financial and payment institutions responsible that, after formal and specific communication, fail to adopt restrictive measures and allow transactions, the purpose of which is to carry out fixed-odd bets with legal entities that have not received authorization.
Interest on Equity (JCP)
The rapporteur included an excerpt in which the rate of Interest on Equity (JCP) increases. The portion withheld at source, according to the base text, is 17.5% from January 1, 2026.
In his opinion, Aguinaldo Ribeiro classifies these changes as “tax harmonization measures”. In plenary, the rapporteur estimated the impact of this segment at R$2.5 billion.
CSLL
The report increases the CSLL (Social Contribution on Net Profit) for payment institutions, a measure that affects fintechs. The increase occurs progressively, starting at 17.5% by the end of 2027 and reaching 20% on January 1, 2028. The estimated impact is R$1.6 billion.
Presumed profit
The proposal increases the percentages for measuring presumed profit by 10%. Aguinaldo stipulated in his opinion that it only applies to the presumption percentages applicable to the portion of total gross revenue that exceeds the value of R$5 million in the calendar year.
