The tax reform will lead to an increase in prices of nearly 600 thousand items, between products and services, and it will impact supplier companies classified under the Simples Nacional. Furthermore, the dual Value Added Tax (VAT) rate – constituted by the Contribution on Goods and Services (CBS) and the Tax on Goods and Services (IBS) – can reach 30,3%, above 26,5% disclosed so far
The warning comes from tax lawyer Lucas Ribeiro, founder and CEO of ROIT, company specialized in artificial intelligence applied to tax management, accounting and financial. Ribeiro highlights important points that, until then, went unnoticed
The study presented by Ribeiro is based on a large database from ROIT itself, specialized in serving companies from various economic activities classified, mainly, in the Lucro Real regime, with accessory obligations of the Public Digital Bookkeeping System (Sped), from the Federal Revenue and tax documents. Information from 837 companies from across the country has been compiled, that together generate R$ 470 billion a year
The specialist explains that the analysis of the impact of the tax reform should carefully focus on the recalculation of the purchase prices of goods, services and other items currently not taxed, as is the case with a loan for use, of the rental of movable and immovable property, of the loans taken, among various others. "Even loyalty program points will be taxed"!”, the specialist discusses.
The calculation needs to consider the taxes applicable throughout the entire chain, so that only then to insert the new taxes. From this recomposition, it becomes possible to define the new selling prices, to ensure that the margin is not compromised with the new system. This is one of the reasons why a company cannot be guided by changes in tax rates and needs to pay attention to price changes, item a item, from now on.Ribeiro notes that, in many cases, companies are interpreting the tax reform incorrectly, worried about the rate, when they should be concerned about the calculation base, that will be much broader
In this sense, the survey identifies almost 600 thousand items (584 thousand, to be exact) that will need to undergo an increase. They are products and services of the most varied types. Already on the part of the Tax Authority, to avoid loss of revenue, Ribeiro warns that it is impossible, under the given conditions, that the dual VAT rate is indeed only 26,5%, considering the scenario of these analyzed companies
To understand the impact of the reform, we need to see the revenue base. [E o projeto de lei complementar 68/2024] tem 28 páginas e mais de 20 artigos para definir cálculo de ‘neutralidade’. It is complex to design this calculation, without being at risk of an extreme increase in revenue between 2027 and 2029
That's why, Ribeiro calls the VAT from the tax reform "Ivão", with characteristics that deviate from the concept of value-added tax applied worldwide. "He [IVA] identifies as simple", he claims to be neutral and all that, but he skips Carnival, he eats feijoada, drink caipirinha… It is a very different VAT, it's a very special VAT, it is a Brazilian VAT, and we have to take all the precautions with him.”
IMPACT ON COMPANIES IN THE SIMPLES NACIONAL
Another aspect that deserves attention and has been neglected is the impact of tax reform on companies under the Simples Nacional regime. This is because this segment is characterized as both a supplier and a customer of large companies, included in the Actual Profit, whose taxation will be changed, among other aspects, for the generation of financial tax credits, that is, the credit will correspond only to the amount actually collected. It happens that acquiring from Simples companies will not result in the generation of full credits, reducing the competitiveness of these companies
In this way, large companies may lose R$ 1 billion in credits, for buying, currently, R$ 6,4 billion in goods and services. In order not to bear this loss, one risk is that companies under the Real Profit regime dismiss, so, Suppliers of the Simples Nacional, what would be a damage to this segment
The indicated exit is for Simples companies to migrate to the Regular Regime, with the IBS and the CBS calculated as if they were under the Real Profit regime, what is complex. There are 6 million companies in the Simples Nacional, that are not accustomed to the complexity of the non-cumulative tax system. Migrating requires systems, processes, culture, knowledge; "requires investments", argues the tax specialist
