Decree No. 5533, SEPTEMBER 6 2005 Regulating the reduction to zero of the income tax rate levied on remittances, abroad, related to the promotion of tourist destinations Brazilians.
The PRESIDENT of the REPUBLIC, in the use of the powers conferred. 84, section IV, of the Constitution, and in view of the provisions of art. 9 of provisional measure no. 2,159-70, of August 24, 2001 and in art. 25 of law No. 10865 of April 30, 2004, D and C R E T a: Art. 1 Is reduced to zero the rate of income tax remittances, incident abroad, intended exclusively for payment of expenses related to I-market research for the promotion of Brazilian tourist destinations;
II-participation in exhibitions, fairs and similar events, including rents and rental of booths and display locations, linked to the promotion of Brazilian tourist destinations; and III-advertising and communication undertaken in the context of these events.
Art. 2 for the purposes of applying the reduction to zero of the income tax rate, in the cases provided for in art. 1, the person concerned or his representative should forward application to EMBRATUR-Brazilian Institute of tourism, accompanied by: (I)-specification of the object of the contract and the corresponding expenditure;
II-pro forma invoice, budget or equivalent document; and III-prediction and description of expenditures to be made.
Sole paragraph. In the event of a request presented by organizers of fairs, associations or similar entities, must be broken down the businesses interested in the grant of the benefit.
Art. 3 the consignment referred to in art. 1 shall be effected by the Bank foreign exchange dealer, upon presentation of authorisation issued by EMBRATUR, which will be valid for 30 days.
Art. 4 the beneficiary of the reduction in the tax rate must prove before the EMBRATUR, the realization of expenses, upon presentation of invoice, receipt or other document proving equivalent, as well as exchange contract, depending on the model set by the Central Bank of Brazil, accompanied by the customer transfer or swift.
(1) the evidence referred to in the caput of this article shall be made within 60 days of the end of the event or the final term of shipment, whichever occurs last.
paragraph 2 with regard to generating facts occurring between April 1, 2004 and the date of publication of this Decree, the proof must be given within 60 days of the date of such publication.
Art. 5 the lack of presentation of the required documentation within the time limits referred to in art. 4: I-will require communication by EMBRATUR to internal revenue service of Brazil, within thirty days of the closing date for the verification of expenditure or of the decision to act by his non-acceptance, for taking the appropriate measures;
II-shall subject the person to the payment of income tax, plus legal costs; and III-will cause the impediment to the use of the benefit, while not regularized the situation of the person concerned.
Art. 6 once characterized the situation foreseen in art. 5, the person concerned will only be rehabilitated for the use of the benefit, in the event of future consignments after delivery to EMBRATUR the proof of payment of income tax and its legal Extras, relating to consignments as referred to in art. 1 of this Decree.
Art. 7th EMBRATUR and the internal revenue service of Brazil edited, in the context of their respective competences, additional standards necessary for the implementation of the provisions of this Decree.
Art. 8. This Decree shall enter into force on the date of its publication, take effect from April 1, 2004.
Brasilia, September 6 2005; 184th independence and 117 of the Republic.
LUIZ INACIO LULA DA SILVA, Murilo Portugal Filho Walfrido dos Mares Guia Grandson Sengupta