PL 5162/2020 and the National Program to Support Innovative Entrepreneurship

Giulia Keese Montanhesi
Lawyer at Marcos Martins Advogados

On November 13, 2020, Federal Deputy Geninho Zuliani presented Bill No. 5162/2020 to the Chamber of Deputies, proposing the creation of the National Program to Support Innovative Entrepreneurship, to promote research, development and innovation, aimed at fostering innovative entrepreneurship.

The project follows a series of discussions in the National Congress about the Legal Framework for Startups and, according to its article 1, aims to “raise and channel funds through donations to Scientific, Technological and Innovation Institutions (ICTs) that work to create, incubate, support or foster innovative entrepreneurship initiatives”.

The bill provides for donations by individuals and companies in their capacity as sponsors, offering them the option of deducting from their income tax the amounts corresponding to donations and sponsorships directly made in favor of actions and services developed by Scientific, Technological and Innovation Institutions (ICTs).

The bill also limits the amount of discounts and prohibits donations made to entities linked to the agent. It is also interesting to note that the entities benefiting will be able to make “free use of the resources to achieve their goals, observing the principles of transparency, impersonality, morality, economy and efficiency”, which are principles of public administration in general.

In his reasons, the Deputy points out that “although it is a state duty to promote and encourage innovation, the country still has many obstacles, but some actions have begun to be taken to foster this innovative business environment, such as the publication of the Innovation legal framework and the Startups legal framework.”

The bill will go through the House of Representatives and, if approved, will also have to pass through the Senate for subsequent approval by the president.

Source: https://www.camara.leg.br/proposicoesWeb/fichadetramitacao?idProposicao=2265208

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