>[26.Aug.09] General - Ammendment to the regulation of technological tax incentives
Source: Infomail ABREU, MERKL no. 27

On 17.Sep.2008, Law no. 11774/2008 was enacted (see Infomail no. 22/2008) amending “The Good Law” (Law no. 11196/2005, see Infomail no. 05/2005 and Infomail no.14/2007), which provides a number of tax incentives directed to technological innovation. After 11 (eleven) months, on 22.Jul.2009, the government finally enacted Decree no. 6909/2009 with the changes made to the regulation (Decree no. 5798/2007) of The Good Law.

One aspect of the new Decree relates to the substitution of the accelerated depreciation by the full depreciation in regards to the calculation of the IRPJ (Corporate Income Tax) and CSLL (Social Contribution on Net Profits) in the same year of the acquisition of new machinery, equipment, devices and instruments destined to be used in research and development of technological innovation. Another aspect refers to the amortization of intangible assets acquired exclusively to conduct Research & Development activities.

Furthermore, another important point of the new Decree is the definition of rules for the application of tax incentives in the case of enterprises which are beneficiaries of the Informatics Law (Law no. 8248/1991).

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