Startups are one of the biggest investment bets in Brazil and in the world. And this is not difficult to prove. After all, all you have to do is open the current Economics and Technology sections in the newspapers and read the news that a certain company has just acquired a startup or made a large investment in one.
But, after all, why did this business model become so prosperous? Perhaps because the information technology market is one of the most promising in the Brazilian economy. According to a study by the Brazilian Association of Software Companies (ABES), with IDC, forecasts are that the country will have the highest growth in IT investments in the world, by the end of 2013.
It's not just the big companies that invest in these startups, the Brazilian government has already noticed the potential of the business. In early October, the Senate Economic Affairs Committee (CAE) approved a bill granting tax exemptions to startups.
According to the agenda, these companies are included in a special regime, which are exempt from all federal taxes for two years, counted from the beginning of the company's activity, with the possibility of extension for the same period. The project's rapporteur, Walter Pinheiro (PT-BA), defends the idea that federal taxes cannot harm the development of new entrepreneurs and that there is a need to increase the sector's competitiveness.
To receive this benefit, the startup must have a quarterly gross revenue equal to or less than 30,000 reais during the period of its registration in the Special Treatment System for New Technology Companies (SisTENET) and have a maximum of four employees.
The project is in the Chamber of Deputies and if it is approved, for two years, during the period they enjoy the exemption, tax issues will not be a concern for young companies. However, it is essential that these entrepreneurs are aware of the tax matrix that affects the software activity in Brazil, since, once the incentive period has ended, these companies will start to pay taxes.
This sector, by legal definition is a “service”. This is because a complementary law of 2003 (Law No. 116) reformulated the “tax on services” and listed which are the economic activities that should be classified as “service”. Another law (11,051, of 2005), establishes that information technology services will pay PIS/PASEP and COFINS in the cumulative modality. Therefore, any software company must pay the following taxes:
• ISS (Tax on Services) – The amount of the tax is determined by the municipality. In São Paulo, the rate is 2% on gross revenue. This benefit does not apply to Resale, Distribution and Representation activities;
• PIS/Pasep-billing 0.65%
• Cofins – billing: 3%;
• IRPJ (Corporate Income Tax) and CSLL (Social Contribution on Net Profit): companies can opt for Real Profit, Presumed Profit or Simple-National;
A very common doubt of businessmen is related to the framework of Simples-Nacional. In 2006, a law determined that companies that develop programs and license software can opt for the “Simples” tax regime, which allows the collection of rates (IPRJ, CSLL, PIS/Pasep, Confins and ISS) in a unified manner. However, for software companies, such benefit may not be so advantageous and, many times, it is necessary to do some calculations to define the best path. This is because, in the software activity, in addition to the percentages of taxes provided for in the table in Annex V, the company must add and pay the ISS, calculated by the percentages in Annex IV.
In addition, for software companies, Simples rates grow according to the size of the payroll. To be advantageous, the business needs to have a payroll that represents a high percentage of revenues (preferably greater than 40%). Otherwise, instead of being economical, the option for Simples-Nacional will become more costly.
If Simples is not the best tax regime, there is also Presumed Profit and Real Profit. The first is indicated for companies with annual revenues of up to R$ 48 million, the IRPJ and CSLL calculation bases will be determined by the Revenue and for the software sector the presumed profit will correspond to 32% of revenue. The Real Profit is mandatory for all companies that earn more than R$ 48 million and the aforementioned taxes are calculated based on the difference in total revenue minus proven expenses. Actual Profit will always be an advantageous option when accounting profit is less than 32%.
Before choosing the best tax regime, the best option is to seek specialized legal or accounting advice.
The startups incubated by the Center for Innovation, Entrepreneurship and Technology (CIETEC) can rely on legal advice from ABES, through a partnership created between the entities that provides access to all the association's various services, such as legal support; consulting to support the promotion and innovation, public and private programs for growth and development. In addition to integration with the main suppliers in the market. In this way, new companies can participate more actively in the associative movement and receive fundamental services, which help them to accelerate and qualify their development.
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