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Our team of consultants performs a technical analysis of our clients’ businesses, transactions and operations in order to identify opportunities that result in the legal reduction of the tax burden along the value chain. It consists of reviewing and evaluating the entire operation, proposing alternative scenarios (from suppliers, through production, transportation and logistics, to clients).
A high value-added service, focused on the review of the tax records and the calculation of the taxes levied on the operations and installments (PIS, Cofins, ICMS, and IPI), with a view to ensuring that all credits provided for in legislation, administrative and judicial decisions are appropriate, as well as whether there is undue collection on transactions and operations performed by companies.
Aimed at ensuring assertiveness in faithful compliance with tax rules and procedures related to main and accessory obligations, seeking to identify and remedy any deviations in procedures before any action is taken by the tax authorities. We aim to identify and quantify any divergences that may result in overpaid or underpaid taxes, in addition to proposing alternatives for regularizing the procedures.
Our solution allows the mapping of all attributes (rates, tax bases, reductions, exemptions, withholdings, VAT/SAP codes, among others) of the tax records for inputs (raw material, packaging material and intermediate materials), services, fixed assets, use and consumption, as well as finished products and goods, in order to ensure that the tax treatment (credits, debits, withholdings, etc.) comply with the applicable legislation.
Governance
Consists of practices and relationships between Shareholders, Board of Directors, Executive Board, Independent Audit and Fiscal Council, with the purpose of optimizing the company’s performance and facilitating access to capital. Governance is the dimension of business management with a strong foundation in tax responsibility and managerial conduct.
Risk
Consists of a set of factors that contribute to the improvement of business management and control. Its scope considers factors such as tax risks, both for tax assessments and for inaccurate calculations, insecurity and inaccuracy of information, including inadequate management, causing the company to stop paying taxes, or paying taxes improperly. These risks must be eliminated as they can lead to negative events.
Compliance
Consists of the management control of compliance with laws and regulations (external and internal) existing in the business, which are required by the company. It is worth mentioning that, in Brazil, due to the high tax burden and the complexity of calculating taxes, companies can be very exposed to tax risks. In the last ten years, at least, with the introduction of electronic tax obligations and the modernization of the Federal Revenue of Brazil, the tax authorities started to have a much more efficient performance in terms of inspection, notification and assessment.
Your company can count on our team to guarantee the correct and timely delivery of ancillary obligations transmitted to the tax authorities, ensuring that the files faithfully reflect the operations and calculation of taxes, guaranteeing the suitability, integrity, uniformity and traceability of the data.
We prepare technical guidelines with the narrative of the facts and doubts presented by the companies, addressing our comments with the proper background in the legislation, decisions, and caselaw of the courts, as well as in the leading scholars opinion, allowing the companies to decide, duly subsidized, about a certain tax situation.
Our team of tax specialists is ready to evaluate and recommend the best solutions for your company in an agile, dynamic and effective way.
Defining the location of a new factory or a distribution center is one of the most important decisions in investment projects. A robust, well-structured project that considers all variables positively impacts and allows the optimization of the company’s value chain, the capture of positive externalities, and the generation of value for shareholders.
From the investor’s point of view, the decision to install a new industrial project in a given location is based on several factors. Among them, we highlight operational logistics, basic infrastructure, issues related to the environment, ports and airports, logistics and tax treatment, including tax incentives, availability of skilled labor, union issues, and funding structuring, among others.
All these aspects must be considered, as none alone is decisive.
Any evaluation of an industrial project in Brazil today must take into account the different policies for stimulating new investments, whether domestic or foreign. These policies range from the concession of land and basic infrastructure to the concession of financial resources through tax, credit, and financial incentives (subsidies).
In the particular case of taxation, it is important to consider the effects of the tax burden on operations related to the production and distribution chain. This burden is directly linked to the granting of tax and financial incentives and benefits by the Federation Units.
Specifically for the identification and quantification of taxes and tax incentives, our approach considers four major factors:
Determining the result of this equation requires compliance with a roadmap of procedures that will allow the derivation of the lowest tax cost in the general context of the new investment, considering tax and financial incentives and the reduction of the tax burden, associated with the development of scenarios and modeling of tax planning and logistics.
The main procedures for fulfilling this stage of the project are as follows:
Regarding the identification and negotiation of ICMS and ISS tax and financial incentives with the States and Municipalities, including those related to infrastructure, we will also evaluate all tax and financial incentives that may contribute to the optimization of the project’s value. In this survey, we will also assess the possible impacts of the Fiscal Responsibility Law.
Among the relevant factors in the location decision, the relationship established between the private company and the public power is fundamental, and it begins with the protocol signed between these parties, which reflects the negotiation established for the implementation of the enterprise. This instrument must be signed in compliance with the principles of legality and public morality, always seeking to meet the public interest, because only then will the company have legal security about the negotiated issues.
The Federation Units grant ICMS tax incentives in several ways. We can mention: presumed credits, tax base reduction, deferrals, exemptions, postponements, reduction of rates, among others.
The specific consulting for the evaluation and maximization of tax incentives consists of:
Tax BPO service consists of providing consultants from Focus Tributos to assist with tasks inherent to clients’ tax routines, mainly filling out tax obligations, crossing information, reconciliations, validation and other activities related to the fulfillment of ancillary obligations.
Our Tax systems solution allows the development and operation of automated tools for various purposes inherent to the routine of the tax area, such as controlling the deadline for delivery of tax obligations, tax incentives, negative clearance certificates, special regimes, and preparation of ancillary obligations. Namely:
As discussions on the regulation of the Tax Reform progress and its effective implementation approaches, it is essential that companies be prepared to face the challenges brought by this important change in our National Tax System.
Our team of consultants is prepared – and always up to date – to assist your company in developing scenarios to understand the impacts of this new tax reality on your business.