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THE BENEFITS FOR INFORMATION TECHNOLOGY (IT) MANUFACTURING IN BRAZILIAN REGULATIONS. - PPB -. THE BRAZILIAN IT REGULATIONS:. Main Regulations: Law No. 8.248/1991 Law No. 10.176/2001 Law No. 11.077/2004 Decree No. 5.906/2006 Other Applicable Regulations: Decrees ( Decretos )
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THE BENEFITS FOR INFORMATION TECHNOLOGY (IT) MANUFACTURING IN BRAZILIAN REGULATIONS - PPB -
THE BRAZILIAN IT REGULATIONS: Main Regulations: • Law No. 8.248/1991 • Law No. 10.176/2001 • Law No. 11.077/2004 • Decree No. 5.906/2006 Other Applicable Regulations: • Decrees (Decretos) • Ordinances (Portarias) • Normative Rullings (Instruções Normativas) • Resolutions (Resoluções) • ICMS State Regulations
BENEFICIARY COMPANIES BY BRASILIAN IT REGULATIONS: • Companies headquartered in Brazil; • Companies that invest in IT Research and Development (R&D) in Brazil; • Companies that perform the manufacturing of IT, automation and telecommunication goods according to PPB.
THE BENEFITS FOR IT MANUFACTURING IN BRAZILIAN REGULATIONS: • IPI reduction when selling the benefitted goods; • Preference in the acquisition of benefitted goods by agencies and entities of the direct or indirect Federal Public Administration; • IPI suspension when importing and locally purchasing inputs; • ICMS benefits: • ICMS reduction to 12% in the operations inside the SP State; • ICMS suspension (diferimento) when importing and locally purchasing inputs, inside the SP State; • Special ICMS Regime in the taxation of several IT goods (Granted Credit).
IPI REDUCTION IPI reduction for IT goods which are manufactured in Brazil according to PPB rules:
IPI REDUCTION IPI reduction for IT goods which are eitherdevelopedandmanufactured in Brazil according to PPB rules:
DUTIES FOR BENEFICIARIES OF IT MANUFACTURING: • Compliance to PPB rules when manufacturing the beneficiated IT goods; • Investment in R&D in Brazil; • ISO 9000 Quality System certification implementation; • Program for Workers Participation in the company´s profits or results implementation; • Annual presentation of the following reports: • PPB Compliance Report for the manufacturers of desktops, notebooks and mobiles; and • Annual Demonstration Report.
DESTINATION OF INVESTMENTS IN R&D: • Quarterly withdrawal in FNDCT - Fundo Nacional de Desenvolvimento Científico Tecnológico (National Fund for Technological Scientific Development); • Agreement with Northern, Northeasternand Central Western R&D Entities: R&D project/programs accomplished, together with research and teaching institutions with main headquarters located in the Northern, Northeastern or Central Western regions: • Official Entities: universities, colleges, teaching entities and/or researches centers and institutes maintained by the Federal, State or Municipal governments. • Free choice: public (officials) or private research and teaching institutions. • Free choice R&D entities at any region: R&D projects/programs accomplished in agreement with research and teaching institutions of free choice, of public or private right, at any area in Brazil; • Internal projects/programs: own or outsourced R&D projects/programs.
NATURE OF THE R&D PROGRAMS AND PROJECTS IN IT • Basic or applied research; • Systematic work to develop new materials, products, devices or computer programs, to implement new processes, systems and services or to improve the already produced or implanted, incorporating innovative characteristics; • Scientific and technological advisory services, consultancy, studies, tests, metrology, normalization, technological management, foment to invention and innovation, administration and control of intellectual property; • Formation and professional training for medium and superior levels.
NATURE OF EXPENSES IN R&D PROJECTS • Depreciation or rental of hardware and software; • Implantation, enlargement or modernization of research and development laboratories; • Human resources; • Acquisitions of books and technical publications; • Consumption materials; • Trips; • Training; • Technical services rendered by third parties; and • Other related expenses.
GENERAL ASPECTS OF THE OBLIGATORY APPLICATIONS IN R&D • It is not considered as activity of R&D, the donation of goods and computer science services. • In the event of production by third parties, the contracting company may assume the obligation of application of resources in R&D activities, corresponding to the revenue due on the commercialization of benefitted products, obtained by the contracted with the contracting party (Contracts of Assumption). • It will be considered as application in R&D of the calendar year: • expenditures corresponding to the execution of R&D activities accomplished until March 31st. of the subsequent year; • deposits made in the FNDCT, until the last week-day of January subsequent to the calendar year closing; and • eventual advance payment to third parties for execution of R&D activities, considering that its value be not superior to 20% of the correspondent obligation of the calendar year.
BASIC MANUFACTURING PROCESS – PPB The PPB or Processo Produtivo Básico (Basic Manufacturing Process) is the minimum required steps in manufacturing so it can be considered as “local”: • Assembling and welding all printed circuit plates components; • Assembling all the electric and mechanical disaggregated parts, in basic components level; • Integrating the printed circuit plates and the electric and mechanical parts for the final manufactured product’s conclusion; • Quality and Productivity Processes and Final Product Management.
GENERAL ASPECTS OF THE PPB RULES • The Basic Productive Processes are established for the ministries MDIC and MCT, by means of joint ordinances. • The request of a company interested in the establishment of a specific PPB for a product type shall be duly appreciated, by MDIC and MCT, in a maximum period of 120 days. • PPB's can be altered whenever its technical and/or economical factors may indicate so. • The alteration of a PPB involves in its execution all manufacturing companies of the product(s). • There are ordinances, which liberate some modules of local assembly, sub-sets and special components, and/or establish specific conditions for certain types of products. • Activities and productive operations can be performed by third parties, however, the stages of final integration and quality management should be executed by the company itself. • MCT and MDIC can promote, at any time, inspections in the companies for verification of the regular observance of PPB.
PPB APPLICATION • The benefits for IT goods manufacturing are granted through Internet, via “MCT Sigplani System” – Module “Benefits for IT Goods Application” • Those are the basic required information for such PPB Application: • Identification of the products/models to be manufactured; • Research and Development Plan; • Indication that the PPB will be attended in the manufacturing; • Presentation of the certificates of debits clearances before: FGTS/CEF, Social Security/INSS and Federal Tributes and Public Debts of the Union/SRF; • Indication of the ISO 9000 Quality System, implanted and certificated, or implantation chronogram and certification; • Indication of the Program for Workers Participation in company profits or results, already implanted or its implementation chronogram.
For further information on the Computer Science Law, please assess our site: www.geosync.com.br orthe MCT home-page: www.mct.gov.br