REPORTO and RETID are extended to 2020 and 2032 – Leal Cotrim Jansen Advogados

Leal Cotrim Jansen Advogados

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REPORTO and RETID are extended to 2020 and 2032

On 31 May 2016, the Federal Revenue Services (RFB) published Normative Instruction 1,644/2016, which extends the validity of tax benefits set forth in the so-called Tax Regime for Incentive to the Modernisation and Enlargement of Ports Structure (REPORTO) and in the so-called Special Tax Regime for the Defence Industry (RETID).

The REPORTO was created by Law 10,033/2004 and regulated by Normative Instruction 1,370/2013, and is intended to promote the modernisation and enlargement of the country’s port structures.

The main feature of REPORTO is to grant tax relief on the acquisition of certain machinery and other goods by its beneficiaries, in Brazil and abroad (complete list in Decree 6,582/2008, Appendix I), with suspension of payment of IPI, PIS/COFINS, IPI-importation, Importation Tax and PIS/COFINS-Importation.

Possible beneficiaries of the regime are (i) port operators; (ii) concessionaires of organised ports; (iii) tenants of public use port facilities; (iv) the legal entity authorised to exploit port facilities of total or partial private use, including those that operate with offshore vessels; (v) concessionaries of railway transportation; (vi) dredging companies, as defined in the Ports Law (Law 12,815/2013); (vii) concessionaires or holders of permissions to operate secondary zone bonded facilities; and (viii) professional and multifunctional training centres, as defined in art. 33 of Law 12,815/2013.

The RETID, in its turn, was created by Law 12,598/2012, and allows sales to its beneficiaries with the suspension of payment of PIS/COFINS and IPI levied on the output from industrial establishments, and allows beneficiaries’ industrial establishments to undertake importations with IPI-importation payment suspension.

The possible beneficiaries of the regime are (i) Strategic Defence companies (“EEDs”) that either produce or develop national defence goods, as defined in acts issued by the Executive Power, or provide the services listed up in art. 10 of Law 12,598/2012, to be applied in the maintenance, conservation, modernisation, repair, overhaul, conversion and industrialization of the referred to goods; (ii) legal entities that either produce or develop parts, spare parts, tools, components, equipment, systems, subsystems, inputs and raw materials to be applied in the production or development of national defence goods, as defined in acts issued by the Executive Power, and (iii) legal entities that provide the services listed up in art. 10 of Law 12,598/2012, to be applied as inputs in the production or development of national defence goods, as defined in acts issued by the Executive Power.

The benefits of REPORTO that have already been granted by Declaratory Executive Acts (ADEs) issued pursuant to art. 17 of Normative Instruction 1,370/2013 are automatically extended up to 31 December 2020, except for the cases of possible non-compliance with the conditions required for the fruition of the regime, as defined in said normative instruction.

The benefits of RETID that have already been granted by ADEs issued pursuant to art. 18 of Normative Instruction 1,454/2014 are automatically extended up to 22 March 2032, except for the cases of possible non-compliance with the conditions required for the fruition of the regime, as defined in said normative instruction.

Privacy Policy

Leal Cotrim Jansen Advogados (“Leal Cotrim”) is firmly committed to respecting the privacy of its members, clients and all individuals whose personal data we collect, store or process in any other way. Any information relating to an identified or identifiable natural person is personal data.

This Privacy Policy guides the processing of personal data by Leal Cotrim and disciplines the exercise of the rights of the individuals whose personal data are processed by Leal Cotrim and/or on behalf of Leal Cotrim. We kindly ask that you read it carefully before providing us with your personal data and every time you wish to know how we use your personal data.

1. How we process your personal data

All processing operations carried out by Leal Cotrim are compliant with the applicable laws, especially Law 13,709/2018 (“Lei Geral de Proteção de Dados”) and Law 8,906/1994 (“Estatuto da Advocacia”).

We only processes your personal data under the following legal basis:

(i) under your consent;
(ii) for compliance with a legal or regulatory obligation;
(iii) for the performance of a contract for the provision of legal services or in order to take related steps prior to entering in such a contract;
(iv) for the regular exercise of rights within a judicial lawsuit, na administrative or arbitral procedure; and
(v) for the purposes of the legitimate interests pursued by Leal Cotrim, except where such interests are overridden by your fundamental rights and freedoms which require protection of your personal data.

Visiting and browsing our website are anonymous. Regarding the use of our website, we only collect the personal data that are provided by you when you use the contact tool available on our website, under your explicit consent.

For your privacy to be preserved, if you forward you personal data to Leal Cotrim in order to be considered for one of our vacancies, they will be securely erased immediately after the recruitment process ends.

In any case, Leal Cotrim only processes the personal data that are necessary to achieve the purpose of the processing, and for the period that is necessary to do so.

2. How we protect you personal data

Leal Cotrim adopts technical and administrative measures to protect your personal data from unauthorized access and from non-intentional or unlawful destruction, loss, modification, communication and dissemination. However, any security incident involving your personal data that may cause you significant risk or harm will be communicated to you and to the National Data Protection Authority – ANPD within a reasonable time.

3. Your rights as data subject

As a data subject, you have the following rights, subject to the provisions of article 7, II, of Law 8,906/94 and article 7, VI, of Law 13,709/2018:

(i) confirmation as to whether your personal data are being processed;
(ii) access to your personal data;
(iii) rectification of your personal data that are incomplete, inaccurate or outdated;
(iv) anonymisation, restriction of processing, or erasure of your personal data that are unnecessary, excessive, or processed in non-compliance with the provisions of the applicable law;
(v) portability of your personal data for the use of another services provider, in accordance with the regulations issued by the National Data Protection Authority – ANPD, subject to the protection of commercial and industrial secrets;
(vi) erasure of your personal data, except in the cases provided for in the applicable law;
(vii) information about public and private entities with which we share your personal data;
(viii) information about the possibility of not providing your consent for the processing of personal data and about the consequences of the refusal;
(ix) withdrawal of your consent, subject to the public interest that may justify the processing to continue or the existence of another legal basis that authorizes it; and
(x) opposition to any processing of personal data based on one of the legal basis that do not require consent, provided that there has been a breach of the applicable law, and subject to the public interest that may justify the processing to continue.

4. How you can exercise your rights

At any time, you can exercise your rights as a data subject by sending a request to encarregado@lealcotrim.com.br. Following confirmation of your identity, your request shall be answered within the legal term or, in the absence of a legal term, within a reasonable period.

If you receive our institutional newsletters and no longer wish to receive them, you can also unsubscribe through the link that we provide in every newsletter.

5. Changes to this privacy policy

This Privacy policy was drafted in accordance with the current laws and may be modified to better suit the applicable laws and regulations. Any changes to this Privacy Policy will be effective as of the date indicated below.

01 December 2020