Post by account_disabled on Mar 13, 2024 4:03:49 GMT -5
Joint-stock company which may issue infrastructure debentures until December are specific purpose companies concessionaires permit holders and authorization holders of public services in addition to of tenants and direct or indirect controlling companies of the service providers mentioned above.
The first version of the text upon initial approval by the Chamber of Deputies provided that the legal benefit would extend for a period of five years. But the final wording recalled the need to consider the Budget Guidelines Law LDO.
The prohibitions on the acquisition of infrastructure CG Leads debentures affect individuals who are direct or indirect controllers shareholders holding more than of the shares with voting rights or administrators of the issuer their spouses or partners and relatives up to the second degree including by affinity legal entities that are its controlling controlled or affiliated companies and the funds of which any of the natural or legal entities are shareholders holding more than of the respective shares.
Furthermore PL No. increased the deadline for investment funds in infrastructure participation FIP-IE and investment funds in participation in economic production intensive in research development and innovation FIP-PD&I to come into operation going from for days.
Also noteworthy is the introduction of the principle of exchange rate neutrality inserted in order to protect the investor from currency fluctuations verified through the authorization of the federal executive branch for the issuance of infrastructure debentures with an exchange rate variation clause.
Furthermore through the bill under discussion the increase in taxation of income from infrastructure debentures when earned in a country or dependency with favored taxation and by a beneficiary of a privileged tax regime was approved going from . to . .
Furthermore while current legislation provides for the transfer of and of the value of the net equity of the fund that invests in investment projects in the areas of infrastructure research development and innovation PL nº introduced a change so that the calculation basis becomes the “reference value of the fund” that is the lowest of the values between the net worth on the reference date and the average of this value in the last days in order to avoid a relaxation in the rule of minimum application of resources.
It is important to highlight the positive points of the bill approved for the infrastructure market. However it is worth highlighting as a negative point the weakening of incentives for investment projects that provide relevant environmental or social benefits. Initially the proposal provided for an increase in the rate from to of deduction in the IRPJ and CSLL calculation base for companies that had proof of good environmental and social practices through international certification.
It is known however that the certification requirement is not a consolidated practice and would leave many doubts about its implementation. We opted for simplification referring to external analysis which companies will be able to use the benefit which suggests a subjective text that is not very applicable in the short term.
Thus the benefit for companies committed to the environmental and social agenda that could lead to a increase in the tax rate was restricted to the simplified priority process and based on self-declared data which can greatly reduce companies' interest in maintaining environmental and social commitments. What could have been an incentive for good practices in the areas just sounded like a little golden star for an award.
The first version of the text upon initial approval by the Chamber of Deputies provided that the legal benefit would extend for a period of five years. But the final wording recalled the need to consider the Budget Guidelines Law LDO.
The prohibitions on the acquisition of infrastructure CG Leads debentures affect individuals who are direct or indirect controllers shareholders holding more than of the shares with voting rights or administrators of the issuer their spouses or partners and relatives up to the second degree including by affinity legal entities that are its controlling controlled or affiliated companies and the funds of which any of the natural or legal entities are shareholders holding more than of the respective shares.
Furthermore PL No. increased the deadline for investment funds in infrastructure participation FIP-IE and investment funds in participation in economic production intensive in research development and innovation FIP-PD&I to come into operation going from for days.
Also noteworthy is the introduction of the principle of exchange rate neutrality inserted in order to protect the investor from currency fluctuations verified through the authorization of the federal executive branch for the issuance of infrastructure debentures with an exchange rate variation clause.
Furthermore through the bill under discussion the increase in taxation of income from infrastructure debentures when earned in a country or dependency with favored taxation and by a beneficiary of a privileged tax regime was approved going from . to . .
Furthermore while current legislation provides for the transfer of and of the value of the net equity of the fund that invests in investment projects in the areas of infrastructure research development and innovation PL nº introduced a change so that the calculation basis becomes the “reference value of the fund” that is the lowest of the values between the net worth on the reference date and the average of this value in the last days in order to avoid a relaxation in the rule of minimum application of resources.
It is important to highlight the positive points of the bill approved for the infrastructure market. However it is worth highlighting as a negative point the weakening of incentives for investment projects that provide relevant environmental or social benefits. Initially the proposal provided for an increase in the rate from to of deduction in the IRPJ and CSLL calculation base for companies that had proof of good environmental and social practices through international certification.
It is known however that the certification requirement is not a consolidated practice and would leave many doubts about its implementation. We opted for simplification referring to external analysis which companies will be able to use the benefit which suggests a subjective text that is not very applicable in the short term.
Thus the benefit for companies committed to the environmental and social agenda that could lead to a increase in the tax rate was restricted to the simplified priority process and based on self-declared data which can greatly reduce companies' interest in maintaining environmental and social commitments. What could have been an incentive for good practices in the areas just sounded like a little golden star for an award.