0% withholding tax on services - if you are from the right country

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Selling Engineering services in Brazil

Taxation of software importation by end users in Brazil

The IRS has recently changed its understanding on the income tax levied on the payments of services imported into Brazil from companies abroad.

The previous rule required the payment of withholding income tax over payments for technical services provided by foreigners, even if the provider were located in countries that had signed Non-Double Taxation Agreements with Brazil.

Instead of that, the IRS determined a new set rules. 

From now on, the technical services paid to countries with which Brazil has Non-double taxation agreements will receive the same tax treatment the NDTA provides for:

a) Royalties: whenever the Agreement expressly provides that technical services shall receive such treatment, in the event the Agreement authorizes the taxation in Brazil;

b) Independent jobs and services: whenever the technical service consists in a technical training or similar; in the event the Agreement authorizes the taxation in Brazil and except the above condition;

c) Profits: when none of the above conditions apply.

In other terms: you may collect less income tax when selling services to Brasil, since income originating from services might be treated as profits and thus become exempt form taxation. 

In most cases, however, services continue to be taxed as Royalties or independent professional services at rates ranging between 10% and 25%.

Remember that this taxation refers only to income tax. Other taxes on services import remain applicable.

In order to facilitate your comprehension of this change, our team conducted a thorough study of all Non-double taxation agreements and conventions in force in Brazil today. The result follows:

Payments to Austria, Finland, France Japan and Sweden

- Technical training services (and only training), will be taxed at the rate of 15%.

- Other technical services (including consulting, engineering services, etc.) will be treated as profits, therefore no withholding tax will be charged.

The change in relation to these four countries is the real innovation brought by the new understanding of the IRS.

It is no coincidence that many providers of services to Petrobras come from France, and that several big Brazilian companies have financial centers in Austria.

There is no specific position on the taxation of payments for software licensing. It is not known whether they will continue to be taxed at 15%, as predicted by specific legislation, or if the license can be purchased from the four countries listed here without the imposition of income tax.

Payments to Israel, Mexico 

The interpretation regarding the taxation of payments remitted to these countries is controversial. 

Despite these NDA prescribe an equivalence between royalties and technical services, these agreements have a clause of "most favored nation" that demands the isonomic treatment of such countries to other countries with Non-double taxation agreements.

Thus, our interpretation is that:

- Technical training services (and only training), will be taxed at the rate of 15%.

- Other technical services (including consulting, engineering services, etc.) will be treated as profits, therefore no withholding tax will be charged.

However, it is necessary to emphasize that this is merely an interpretation and one should wait for futher IRS comments.

Payments to other countries 

(South Africa, Belgium, Canada, Chile, China, Korea, Denmark, Ecuador,

Spain, Philippines, Hungary, India, Italy, Luxembourg, Norway, Netherlands, Peru,

Portugal, Slovak Republic, Czech Republic , Turkey, Ukraine)

Those agreements expressly state the equivalence of technical services and royalties and do not include a clause of "most favored nation". 

the taxation of payments remitted to them is unchanged.

Furthermore, we emphasize that this decision is very recent and the Brazilian Federal Revenue may amend or may change its interpretation.

Once again, we highlight the changes presented regard solely to income tax and do not affect other taxes on services import.