The Confaz published the Interstate Agreement ICMS 181/2015 on December 29, 2015. The Interstate Agreement authorizes the signatory States to reduce the ICMS tax basis upon transactions with software, electronic games, apps, electronic files and alike, so that the effective tax burden is equivalent to 5%. The reduction applies to said products, when standardized, even if adapted or adaptable, and encompasses the provision by any means, including the electronic transfer of data.
The Interstate Agreement sets forth that the benefit is optional, replacing the normal taxation system, and disallows the record of any other tax credits or benefits.
The Interstate Agreement authorizes the signatory States not to claim ICMS tax debts, constituted or not, including interest and penalties, related to the transactions therein, performed up to its effective date.
The Interstate Agreement will become effective in the date when its national ratification is published, entering into force as from January 1st, 2016.
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