Entities ask the STF to judge the actions on double taxation


The main entities of the Information and Communication Technology sector in the country launched on November 22 the “Manifesto of the information and communication technology sector for the restoration of legal certainty in software operations in Brazil”, warning that the licensing and assignment of software use are currently subject to Tax on Services of Any Nature (ISSQN), which is municipal jurisdiction, and the Tax on Circulation of Goods and Services (ICMS), which is the responsibility of the States.
“This conflict of tax jurisdiction gives rise to the current situation of double taxation and is a disservice to Brazil as it generates legal uncertainty and inhibits investments in innovation, economic activity and the creation of highly qualified jobs in the country, characteristic of the Digital Age. ”, highlights the document, which claims: “Given the above, the sector makes public its appeal for the STF to decide on the matter based on the applicable legal frameworks and precedents, comprehensively contemplating the Direct Actions of Unconstitutionality, of the most recent to the oldest”. 
In addition to ABES, the following signed the manifesto: Assespro – Federation of Associations of Information Technology Companies; Brasscom – Brazilian Association of Information and Communication Technology Companies; Febratel – Brazilian Telecommunications Federation; Fenainfo – National Federation of Information Technology Companies; and R&D Brasil – Association of National Technological Development and Innovation Companies.

See the full manifesto here.

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