Lula sanctions law that reduces exemptions and taxes bets

President Luiz Inácio Lula da Silva sanctioned, on Friday, the 26th, the bill that cuts tax benefits by 10% and expands taxation on bets, fintechs and Interest on Equity (JCP) from 2026.

Lula vetoed, on the other hand, a proposal embedded in the project to facilitate the recycling of funds from the secret budget. The inclusion of the device was revealed by Estadão and overturned by Minister Flávio Dino, of the Federal Supreme Court (STF), after questions from Rede and PSOL.

The project is expected to generate revenue of R$22.45 billion in 2026. Taxation on bets will rise from 12% to 15%, in a phased manner until 2028.

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The Social Contribution on Net Profit (CSLL) rate for fintech, which is currently 9%, will rise to 15% in the same period.

Investors who receive earnings from companies via JCP, in turn, will pay more Income Tax. The tax rate at source will rise from 15% to 17.5%.

Lula vetoes device that facilitates recycling of the secret budget

President Lula vetoed the device that would facilitate the recycling of the secret budget, a scheme revealed by the Estadão and declared unconstitutional by the Federal Supreme Court.

As the report revealed, the proposal could unlock up to R$3 billion in resources of interest to parliamentarians that were canceled last year.

The resources were canceled because they were indicated in previous years, but the works did not start, leaving the money stuck and included in the so-called “remains to be paid”. Now, they could be “resurrected” by the end of 2026, the election year.

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In 2024 alone, R$3 billion in parliamentary amendments that had not been implemented in previous years were canceled, including R$2.2 billion from the secret budget. Cancellation helps the Executive to unlock that resource for current priorities.

A similar provision was included in the Budget Guidelines Law (LDO) of 2026, which has not yet been sanctioned by Lula.

Despite the veto and Dino’s decision, the recovery of funds from the secret budget is still valid in a law approved by Congress and sanctioned by Lula in March. This rule allows the recovery of canceled resources.

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What Lula vetoed now would facilitate this recycling, as it would eliminate the need to start bidding and would allow, if there was not enough money to rescue and execute the original projects, the government could recycle the transfer and allocate it to other works and even other municipalities. The government could even combine leftovers from several amendments to create another.

The recycling of amendments is of interest to the president of the Senate, Davi Alcolumbre (União-AP). How the Estadão showed, the measure favors works that have not started, projects with execution problems and amendments that did not comply with the requirements of the Federal Supreme Court (STF) on transparency – the largest of them in Amapá, the electoral stronghold of Alcolumbre.

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