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New Law Authorizes Inclusion Of Services In Drawback Regime – Industry Updates & Analysis

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On September 5, 2022, Law No. 14,440/2022 was published in the
Official Gazette of the Federal Executive Power, authorizing, among
other provisions, the inclusion of services in the drawback
suspension regime.

The new law amends Law No. 11,945/2009 to authorize the
suspension of the Contribution to PIS/Cofins and
the Contribution to PIS/Cofins-Import in the
acquisition of inputs in Brazil or in the importation of services
to be used directly and exclusively in the manufacture of goods to
be exported or delivered abroad under the drawback suspension

Law No. 14,440/2022 lists 16 services that will
be treated similarly to goods used in the manufacture of items sold
abroad. These services include customs clearance, storage of
commodities, transport (road, rail, air, waterway or multimodal
cargo) and installation and assembly of exported goods.

The Special Service of Foreign Trade and International Affairs
(“SECINT”) and the Brazilian Internal Revenue Services
(“IRS”) will create regulations related to Law No.
14,440/2022 and monitor compliance with the new law. Also, the
executive branch may expand the list of services covered by the new

Law No. 14,440/2022 will come into force on 01/01/2023.

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Founded in 2001, Tauil & Chequer Advogados is a full service
law firm with approximately 90 lawyers and offices in Rio de
Janeiro, São Paulo and Vitória. T&C represents
local and international businesses on their domestic and
cross-border activities and offers clients the full range of legal
services including: corporate and M&A; debt and equity capital
markets; banking and finance; employment and benefits;
environmental; intellectual property; litigation and dispute
resolution; restructuring, bankruptcy and insolvency; tax; and real
estate. The firm has a particularly strong and longstanding
presence in the energy, oil and gas and infrastructure industries
as well as with pension and investment funds. In December 2009,
T&C entered into an agreement to operate in association with
Mayer Brown LLP and become “Tauil & Chequer Advogados in
association with Mayer Brown LLP.”

© Copyright 2020. Tauil & Chequer Advogados, a
Brazilian law partnership with which Mayer Brown is associated. All
rights reserved.

This article provides information and comments on legal
issues and developments of interest. The foregoing is not a
comprehensive treatment of the subject matter covered and is not
intended to provide legal advice. Readers should seek specific
legal advice before taking any action with respect to the matters
discussed herein.

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