domingo, 28 de janeiro de 2018

BRAZILIAN SOYBEAN PRODUCTION BY STATE

I think prospective importers of soybean will find this interesting

By the way, there is a typo in the name of Mato Grosso State (it reads Mato "Grasso").  But the data makes up for it. 

From the Soybean Markets Twitter account.

BRAZILIAN SOYBEAN PRODUCTION BY STATE








domingo, 21 de janeiro de 2018

Common clauses used in investment contracts of Brazilian startups

The Brazilian investment promotion initiative just published a thought-provoking study about common clauses in contracts between investors and Brazilian startups. 

It seems to me that Brazilian startups are still a bit naive. Those are rookie numbers. 

What do you think?


What to expect in a typical investment contract? Research conducted by HBS Alumni Angels of Brazil into 64 innovative Brazilian corporations shows the most common clauses used in investment contracts between investors and startups.



About APEX:

Invest in Brasil is the brand that identifies the investment promotion initiatives of Apex-Brasil - the Brazilian Trade and Investment Promotion Agency -, whose mission is to develop the competitiveness of Brazilian companies, promoting the internationalization of their operations and the attraction of foreign direct investment (FDI).

quarta-feira, 6 de dezembro de 2017

BRAZILIAN TAXATION OF IMPORTED SOFTWARE - SERVICES --SAAS

Software Testing All Devices Find Bugs And Tester Stock ...  
Since so many readers have asked, I`m presenting a very simplified tax tables for importation of software into Brazil. 

Please do not  take this as a final answers to your questions. This is just the very basics. A lot more of data is needed before you can make a decision. For example: should you incorporate in Brazil and sell through a subsdiary? Should you invoice services separately? 

Also, some convetions to avoid double taxation may apply, with the effect of reducing or cancelling the withholding tax. 

So, take this with a grain of salt and look for specialized advice before issuing any invoices. 



1.            SOFTWARE LICENSES

IRRF – WITHHOLDING TAX

15%*
*25% for tax havens.


Some cities may also charge the service tax:

ISSQN
2%*



NOTE: Some states, including São Paulo, are trying to charge additional 18% of ICMS (state VAT) tax over licensing of software, whenever the software is considered “off the shelf” software. 

Special measures should be taken to ensure that the state will not apply this additional tax.


2.             TECHNICAL SERVICES AND CONSULTANCY


IRRF
15%*
CIDE
10%
PIS/Importação
1,65%
Cofins/Importação
7,6%
ISSQN
2%-5%

  *25% for tax havens.


quarta-feira, 29 de novembro de 2017

Superior Court of Justice recognises validity of foreign ship mortgages - Newsletters - International Law Office

Superior Court of Justice recognises validity of foreign ship mortgages - Newsletters - International Law Office:





On November 16 2017 the Superior Court of Justice recognised the validity of a foreign ship mortgage in Brazil. The decision reversed previous rulings issued by the Sao Paulo State Court.
Facts
In 2016 the Sao Paulo Court of Appeals affirmed that a ship mortgage registered abroad was invalid in Brazil. The mortgage was over a floating production storage and offloading vessel owned by a company incorporated in the Netherlands and registered in Liberia (the flag state). The purchase of the vessel was financed on the Norwegian capital market and a Norwegian debt manager registered the first mortgage on the vessel in Liberia.
After its construction, the ship went to Brazil, where it was contracted to operate for a period of 20 years. A national financing institution filed a claim for the seizure of the vessel before the Sao Paulo State Court in order to execute a debt incurred against the owner. With the deferral of the request, the administrator of the Norwegian debt securities intervened in the proceedings, protesting for her preference due to the ship mortgage duly established abroad.
No similar judgments had been issued in Brazil.
The lower court's decision did not recognise the foreign mortgage because it was not recorded before the Brazilian Admiralty Court. However, since the law provides for the registration of mortgages on national flagged vessels only, the court of appeals went on to analyse the context of international conventions on vessel mortgages ratified by Brazil (ie, the Brussels Convention 1926 and the Havana Convention 1929 (the Bustamante Code)). Since Liberia is not a party to those conventions, the court found that the foreign mortgage could not be given legal effect in Brazil.
The decision was appealed to the Superior Court of Justice and the outcome of the case was long awaited by the maritime industry.
Decision
The Superior Court of Justice unanimously reversed the lower court's decision and recognised the validity of the foreign ship mortgage in Brazil. The court considered several provisions of the law and found that the legislature had been careful not to set out any device that would oppose international conventions signed by Brazil and remove the legal certainty of parties holding rights over a vessel.
The court highlighted its respect for the acts of sovereignty of the countries where vessels are registered, pursuant to the United Nations Convention on the Law of the Sea and the economic importance of acknowledging ship mortgages of foreign states.
The decision emphasised that large vessels must be registered in their flag states and that these registrations have extraterritorial effects. Further, it held that denying such effects would cause legal uncertainty to the parties involved, as well as restrictions on and increased costs for charter parties for vessels in Brazil.
Comment
The ruling puts an end to doubts that have emerged regarding the future of ship mortgages in Brazil, secures foreign investment and preserves Brazil's international relations.
For further information on this topic please contact Godofredo Mendes Vianna at Kincaid | Mendes Vianna Advogados' Rio de Janeiro office by telephone (+55 21 2276 6200) or email (godofredo@kincaid.com.br). Alternatively, please contact Fernanda Gueiros Bernardes at Kincaid | Mendes Vianna Advogados' Vitoria office by telephone (+55 27 3019 2633) or email (fernanda.gueiros@kincaid.com.br). The Kincaid | Mendes Vianna Advogados website can be accessed at www.kincaid.com.br.
The materials contained on this website are for general information purposes only and are subject to the disclaimer.
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terça-feira, 14 de novembro de 2017

Why aren’t tourists flocking to Brazil? - The Brazilian Report

Why aren’t tourists flocking to Brazil?It has come to my attention that there is a new website focused on covering Brazil and Brazilian themes. Not under a legal perspective, but a journalistic one.



Let`s hope they do a good job. You can check a sample of their work on the link below.





Why aren’t tourists flocking to Brazil? - The Brazilian Report:



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