The Chamber approves the basic text of the second draft regulation of the tax reform

The text addresses topics such as the committee that will be responsible for managing the goods and services tax (IBS), which will be created with the reform. The proposal also establishes general standards for taxes such as ITCMD, ITBI and the public lighting contribution (Cosimp).

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There is still no vote on the strong points, which could modify the text.

The bill had already passed the House, but was amended in a Senate vote in September. During the second vote held this Monday, the rapporteur in the House, the deputy Mauro Benevides FIlho (PDT-CE), took up some extracts from the project initially approved by the deputies.

The rapporteur, for example, removed the 2% ceiling, set by senators, for the selective tax applicable to soft drinks.

College to standardize IBS and CBS

In turn, Benevides maintained the creation of the National Litigation Integration Chamber, responsible for standardizing the interpretations of the IBS and CBS. The panel will be made up of representatives from CARF, the IBS Management Council and taxpayers, and may receive resources presented by both the tax administration and businesses.

According to the approved project, the transition rate will be calculated based on the average ICMS and ISS collection between 2024 and 2026. This point was defended by the National Committee of State and Federal District Finance Secretaries (Comsefaz).

The committee will be responsible for collecting, compensating and distributing IBS, in addition to standardizing the application of the law and centralizing ancillary obligations. Its structure provides for technical and budgetary independence, alternation of the presidency between representatives of states and municipalities and a minimum participation of 30% of women on the board of directors.

The body will be made up of a Higher Council, a General Secretariat, a Department of Internal Affairs, an Internal Audit and an Executive Council with nine areas, such as Inspection, Taxation and Treasury.

There will be 54 members in total: half appointed by governors and the other half representing municipalities, for a four-year term. During the process, an agreement was reached to distribute, on a transitional basis, the 27 municipal seats between the National Front of Mayors and Mayors (FNP), with 13 vacant positions, and the National Confederation of Municipalities (CNM), with 14.

From 2026, the choice will be made by election. The meetings will be quarterly, with the possibility of extraordinary convocations, and decisions will require an absolute majority of representatives, the support of the states that represent more than half of the country’s population and the approval of the majority of municipal representatives.

Another central point concerns the use of ICMS credits accumulated until December 31, 2032, which can be used to offset future IBS debts or returned in several installments.

In the case of financial services – credit, foreign exchange and insurance operations – a specific tax regime has been established, with an initial rate of 10.85% in 2027, reaching 12.5% ​​in 2033.

During the transition, where ISS, a service tax currently charged by town halls, is still charged, there will be a proportionate reduction.

The notice also expanded the regime for nanoentrepreneurs, including taxi drivers, truck drivers and gas station attendants among the beneficiaries of the exemption, in addition to drivers and app delivery workers already covered.

The text also consolidated immunities to the ITCMD (State tax collected during the free transmission of property, by inheritance or donation), as for books, phonograms and private pensions, and established progressiveness up to a ceiling of 8%.

In the case of ITBI (municipal tax levied on the purchase and sale of properties), municipalities must disclose the criteria used to calculate the market value, with the possibility of challenge by the taxpayer.