bars and restaurants will have a different regime

Approved early this Friday (7) in the Chamber of Deputies, the Proposed Constitutional Amendment (PEC) of the Tax Reform (45/19) includes bars and restaurants in the differentiated taxation regime. By substituting the rapporteur Aguinaldo Ribeiro (PP-PB), companies in the sector that are framed in the real profit or presumed profit regime will have a differentiated rate to be established in a supplementary law in 2024.

In addition to bars and restaurants, operations with real estate, financial services, insurance, cooperatives, fuels and lubricants, health plans will also receive this treatment. According to the text approved by the parliamentarians, a complementary law will create the Tax on Goods and Services (IBS) – to encompass ICMS and ISS – and the Contribution on Goods and Services (CBS) to replace the PIS, the PIS-Importation, the Cofins and Cofins-Import.

The full rate has not yet been defined, but the forecast is that it will remain at 25%. According to studies by Abrasel, this put the sector at risk, which could have an increase of more than 100% in the tax burden for those opting for both regimes.

“For those who are in Simples, nothing changes. However, if the full rate of 25% were applied, there would be an estimated increase of more than 100% for those who are in the tax regimes of real profit and presumed profit, something unacceptable. With the agreement, our sector will be among those, such as education and health, which will have a differentiated rate, to be established next year”, explained the president of Abrasel, Paulo Solmucci

The entry of bars and restaurants into the list of enterprises that will have a differentiated taxation regime was a nod from parliamentarians to the service sector. The assessment is that the tax changes will ease the burden on the industry, but will bring more pressure on services.

“Our certainty is that the reform is necessary to simplify undertakings, make life easier for citizens and end the tax war. Done in a balanced way, it will bring more productivity and efficiency to everyone”, pondered Salmucci.

See video of the president of Abrasel Nacional, Paulo Salmucci.

This Friday, the deputies return to discuss the tax reform. Now, they are evaluating the highlights presented to the PEC that should be sent to the Senate today. If it suffers alterations by the senators, the text returns to the House for a new vote. “We hope that the Senate can vote and, certainly, it should return to the Chamber and in the meantime, the conversations will be fine-tuned and the houses in common agreement, will build a consensus”, said the president of the Chamber, Arthur Lira (PP-AL ).