Gabriela de Ávila Machado
Lawyer at Marcos Martins Advogados
On May 21, Decree 10.356/2020 was published, regulating the new Informatics Law (Law 13.969/2019).
The new IT Law reorganized the incentive model to stimulate private investment in Research, Development and Innovation and replaced the exemption/reduction of the Tax on Industrialized Products with financial credits for legal entities that develop or produce information and communication technology goods (as defined in Law 8.248/1991). These credits can be used by the company with the Brazilian Federal Revenue Service.
Qualification, in these cases, will be done in the manner provided for in Law 8.248, with Law 11 stating that “legal entities that annually invest at least 5% (five percent) of the calculation base formed by gross sales in the domestic market, resulting from the sale of information and communication technology goods defined in art. 16-A, and that comply with the basic production process, will be entitled to the financial credit”.)
The Decree, in turn, sets out the guidelines for using the credit.
For more information on how companies can qualify with the Ministry of Science, Technology, Innovation and Communications, see the full manual:
