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Vetoes Overturned On The Recycling Incentives Law – Waste Management

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On August 5, 2022, the National Congress overturned presidential
vetoes of Federal Law No. 14,260/2021 (Recycling Incentives Law),
which had been originally published in the Federal Official Gazette
on December 9, 2021. It should be noted that the Recycling
Incentives Law establishes tax incentives and benefits to be
adopted by the federal government in relation to projects that
stimulate the recycling production chain in order to encourage the
use of raw materials and inputs of recyclable and recycled
materials, based on provisions of Federal Law No. 12,305/2010
(National Solid Waste Policy).

With the overturning of the vetoes, the number of recycling
incentives has grown beyond existing provisions such as the
Investment Funds for Recycling Projects (Fundos de
Investimentos para Projetos de Reciclagem – ProRecicle
), whose
resources will be allocated to projects established in law, and the
National Commission for Recycling Incentives (Comissão
Nacional de Incentivo à Reciclagem – CNIR
), aimed at
establishing guidelines for recycling activities as well as
monitoring and evaluating incentives provided.

The projects that are now able to receive incentives are (i)
training, education and technical assistance for national and
international exchanges in matters involving school / academic,
business, community associations and social organizations whose
objective is promoting, developing or executing recycling or
material reuse activities; (ii) incubation of micro-enterprises,
small businesses, cooperatives and social enterprises performing
recycling activities; (iii) research and studies to support actions
involving shared responsibility for a product’s life cycle;
(iv) implementation and adaptation of physical infrastructure for
micro-enterprises, small businesses, industries, cooperatives and
reusable and recyclable materials collectors associations; (v)
acquisition of equipment and vehicles for selective collection,
reuse, processing, treatment and recycling of materials by
industries, micro-enterprises, small businesses, cooperatives and
reusable and recyclable materials collectors associations; (vi)
organization of commerce networks and production chains with
support to networks made up of micro-enterprises, small
enterprises, cooperatives and associations of collectors of
reusable and recyclable materials; (vii) strengthening the
participation of collectors of reusable and recyclable materials in
the recycling chain; and (viii) development of new technologies to
aid collecting reusable and recyclable materials.

In addition, the federal government will give individuals and
legal entities that are taxed based on real profit the option to
deduct part of the income tax due to directly support projects
previously approved by the Ministry of the Environment. For legal
entities, the deduction will be limited to 1%, and for individuals,
the limit will be 6%.

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© 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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