ISS • The Congress overrides the presidential veto to Complementary Law No 157/2016 – Leal Cotrim Advogados

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ISS • The Congress overrides the presidential veto to Complementary Law No 157/2016

As the National Congress has overridden the presidential veto on certain articles of Complementary Law No 157/2016, the municipalities where customers are located shall henceforth collect ISS in cases of leasing, health insurance, and credit and debit cards and consortia services providers.

Complementary Law No 157/2016 was enacted by the end of 2016, and amended certain rules of Complementary Law No 116/2003, which is the general national rule that regulates the ISS all over the national territory.

At the time of its enactment, the President vetoed certain provisions of the original wording of the bill, including the ones aimed at transferring the ISS tax collection authority (tax jurisdiction) to the municipalities of the customers, in cases of leasing, health insurance and credit and debit cards and consortia services.

The basis for the veto was that the tax levy in the municipalities where customers reside would generate “potential loss of efficiency and collection”, resulting in increased costs and, consequently, higher prices to the final consumer.

However, on 30 May 2017, the Congress overrode the presidential veto, and the aforementioned provisions were reintroduced to  the wording of Complementary Law No 157/2016, authorizing the ISS collection in the municipalities of the consumers, in cases of leasing, health insurance and credit and debit cards and consortia services (thus, the municipalities where services providers are located shall no longer have the authority to collect ISS with respect to the above-mentioned services).

The decision to override the veto was approved by a large majority of congressmen, who counted on the consent of the President himself, who attempted to show a “sense of dialogue with the Congress” and, at the same time, to satisfy an old claim of many mayors ― that ISS revenues be shared by a larger number of municipalities.

The new rule came into force on 1 June 2017, when the enactment of the previously vetoed articles was published.

As from said date, the municipalities where services providers are established can no longer levy ISS over the above-mentioned services provided to persons domiciled outside its territory.

However, the collection of ISS according to the new criteria, i.e., by the municipality where the consumer resides, still depends on the enactment of new local laws in such regard by each municipality. ISS shall be collectable on the year subsequent to the creation of the local laws, and ninety days counted from its publication.

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
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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.

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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