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>[26.Oct.08] General
- Law No. 11.774 Of 17.Sep.08: Amendments To Technological
Innovation Tax Incentives
Source: Infomail ABREU, MERKL no. 22
On
17.Sep.2008, Law no. 11,774/2008 was enacted, resulting
from the conversion into law of the Provisional Measure
(MP) no. 428/2008, and besides the alterations made
to the federal tax legislation, it amends Law no. 11.196/2005,
commonly known as “The Good Law”, which
provides a number of tax relief incentives directed
to technological innovation (about Law no.11.169/2005,
see Infomail
no. 05/2005 and Infomail
no. 14/2007).
The first relevant change concerning
intellectual property is the substitution of the accelerated
depreciation to the benefit of full depreciation in
regards 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 important innovation is the ceasing
of the limitation previously imposed by Article 26 of
Law no. 11.196/2005 to the enterprises which are beneficiaries
of the Informatics Law (Law no. 8.248/1991).
With the new wording introduced to Art.
26, companies in the computer and automation fields
will also be able to deduct, for Real Profit calculation
and CSLL calculation Basis, the corresponding amount
of up to 160% of the expenses made during the calculation
period with technological research and technological
innovation development. The deduction may come up to
180% depending on the number of researchers employed
by the beneficiary, the applicability of which is to
be defined by regulation.
Further, regarding activities not contemplated
by the Informatics Law, such companies will be able
to enjoy all the benefits of The Good Law: exclusion
of expenses with R&D, full depreciation, accelerated
amortization, IPI (Tax on Industrialized Goods) reduction,
IRRF (Withholding Income Tax) credit over technological
transfer contracts and IRRF reduction to zero in obtaining
and maintaining trademarks, patents and plant varieties
abroad.
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