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Contribuição sobre Bens e Serviços. Potential impacts of Brazil tax reforms on life sciences

Brazilian tax reforms
The highly complicated tax system is one of the main hindrances for Brazilian economic growth and encouraging foreign direct investment. Several attempts have been made by the past and present governments to pass tax reform bills that simplify the system and create a suitable environment for foreign investment and start-up companies.

Most recently, the government tabled a tax reform bill (PL no. 3.887 / 2020) – “Contribuição sobre Bens e Serviços”. In English: “Contribution on Goods and Services – CBS” or “IVA – Federal”.

The aim of this latest reform bill is to amalgamate the existing Programa de Integração Social (PIS) and Contribuição para Financiamento da Seguridade Social (COFINS) taxes.

Currently Brazilian congress is analysing two other tax reforms which are very important for the economy:

  • PEC-45 /2019: Consolidates five most popular taxes from Federal, State and Municipality level taxes (PIS, COFINS, IPI, ICMS and ISS) to establish single tax regime like GST in India
  • PEC-110/2019: Consolidates nine key taxes from Federal, State, Municipality and other types of taxes. (IPI, IOF, PIS / PASEP, COFINS, Salário-Educação, CIDE – Combustíveis, all Federal taxes, State ICMS tax and Service tax – ISS)

These taxes will be replaced by two value added type of taxes:

  • At Federal level called Imposto sobre bens e serviços específicos (Imposto Seletivo). In English, it is called as Tax on specific goods and services.
  • At state level called “Imposto sobre Operações com Bens e Serviços (IBS)”. In English, it is called as Tax on Operations with Goods and Services.

Current PIS/COFINS legislation

PIS and COFINS are federal taxes charged on gross revenue, calculated and reported on a monthly basis as part of SPED EFD Contributions submission.

These taxes are determined using one of two tax regimes: Non-Cumulative or Cumulative.

Non – Cumulative Tax Regime:

In this regime, taxpayers (companies) are allowed to claim PIS / COFINS credits, in other words recover the taxes on certain costs and expenses which are related to:

  • Products purchased for resale
  • Goods & services that are used in the manufacturing processes, excluding the man power costs
  • Utility bills used in the main activity of the business.
  • Rental of real estate and fixed assets applied in the process like Plant & machinery.

This regime is applied to companies that calculate their corporate income tax under Lucro Real (actual profit method).

Cumulative Tax Regime:

In this regime, taxpayers (companies) cannot claim PIS/COFINS credits and it is applied to:

  • Companies that cannot generate input PIS/COFINS credits through their procurement process, such as financial institutions and insurance companies
  • Companies who calculate their corporate income tax based on Lucro presumido (presumed profit method)
  • Certain industry sectors like telecommunications, transportation service providers and software consulting companies 
  • Some government-promoted industry sectors like automobile, pharmaceutical, oil, energy who have special regimes to boost the countries economy
  • For specific activities such as importation, companies are allowed to claim tax credits 9.25% 
This regime is applied to companies that calculate their corporate income tax under Lucro presumido (presumed profit method).

Impact of existing legislation on life sciences

Under law 10.865/04, pharma and consumer healthcare industries enjoy special regime benefits to allow them to operate under the ‘single-phase regime’. This means:

In life sciences, finished products are charged at different PIS/COFINS tax rates. This is based on the classification of products into three categories: Positive, Negative, and Neutral.

Brazilian tax reforms

Positive products:

Brazilian tax reforms

Negative products:

Brazilian tax reforms

Neutral Products:

Key tax reforms

Current legislation

Potential impact

Impact on Life Sciences with the new proposed CBS tax reform:

  • PIS and COFINS taxes will be replaced by combined CBS tax with 12% rate
  • Non-Cumulative regime will now be taxed at 12% rather than at 9.25%
  • Cumulative regime will be abolished
  • Single phase regime under which most of the life sciences products are taxed will no longer be able to apply the same. Effectively PL no. 10.147/2000 will be replaced by 3.887/2020
  • Certain hospital / medicinal products that are currently being taxed with zero rate under the PL no. 10.865/04, will no longer be able to use the same benefit
  • Products that are categorised as food also lose the zero tax rate benefit
  • Basic products (Cesta Básica) are exempted from the CBS taxes
  • New CBS tax submissions should be submitted by 20th day of the following month as opposed to 25th month for current PIS / COFINS taxes as per compliance perspective

Related solution

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Accounts, compliance, reporting, tax.

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Founder & Executive Director

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The highly complicated tax system is one of the main hindrances for Brazilian economic growth and encouraging foreign direct investment. Several attempts have been made by the past and present governments to pass tax reform bills that simplify the system and create a suitable environment for foreign investment and start-up companies.
Most recently, the government tabled a tax reform bill (PL no. 3.887 / 2020) – “Contribuição sobre Bens e Serviços” – in English “Contribution on Goods and Services – CBS” or “IVA – Federal”.

The aim of this latest reform bill is to amalgamate the existing Programa de Integração Social (PIS) and Contribuição para Financiamento da Seguridade Social (COFINS) taxes.

Current PIS/COFINS legislation

Current PIS/COFINS legislation
PIS and COFINS are federal taxes charged on gross revenue – calculated and reported on a monthly basis as part of SPED EFD Contributions submission.


These taxes are determined using one of two tax regimes – Non-Cumulative or Cumulative:

Non – Cumulative Tax Regime:

In this regime, taxpayers cannot claim PIS/COFINS credits and it is applied to:
This regime is applied to companies that calculate their corporate income tax under Lucro presumido (presumed profit method).

Cumulative Tax Regime:

In this regime, taxpayers cannot claim PIS/COFINS credits and it is applied to:
This regime is applied to companies that calculate their corporate income tax under Lucro presumido (presumed profit method).

Impact of existing legislation on life sciences

Under law 10.865/04, the pharmaceutical and consumer healthcare industries enjoy special regime benefits to allow them to operate under the ‘single-phase regime’. This means: