PROVISIONAL MEASURE NO 428, DE May 12, 2008.

Alteres federal tax legislation and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 62 of the Constitution, adopts the following Interim Measure, with force of law:

Art. 1st legal persons will be able to opt for the discount, within twelve months of the credits from Contribution to PIS/PASEP and Contribution to Social Security Financing-COFINS of which treat the inciso III of § 1st of the art. 3rd of the Laws in the 10,637, December 30, 2002, and 10,833, of December 29, 2003, and § 4th of the art. 15 of Law No 10,865 of April 30, 2004, in the acquisition hypothesis of machinery and equipment, related in regulation and intended for the production of goods and services.

§ 1st The credits of which this article is concerned shall be ascertained by application, each month, of the aliquots referred to in the art caput. 2nd Leis in the 10,637, 2002, and 10,833, from 2003, on the value corresponding to a twelve avos of the cost of acquiring the good.

§ 2nd The provisions of this article apply to new goods acquired or received from the own month of publication of this Interim measure.

Art. 2nd It is suspended the requirement of Contribution to PIS/PASEP, Contribution to the PIS/PASEP-Importation, COFINS and COFINS-Import, in the case of sale or import, when intended for the navigation of cabotage and port and maritime support, from:

I-fuel oil, bunker type, MF (Marine Fuel), rated in code 2710.19.22 ;

II-fuel oil, bunker type, MGO (Marine Gas Oil), classified in code 2710.19.29 ; and

III-fuel oil, type bunker, ODM (Marine Diesel Oil), rated in the code 2710.19.29.

§ 1st A legal person who does not target the products referred to in the incisos of the caput to the navigation of cabotage or port and maritime support shall be required to collect interest and fine of living, in the form of the law, counted from the date of the acquisition or registration of the Import Declaration (DI), referring to the unpaid contributions in connection with the suspension that it treats this article, on condition of:

I-taxpayer, in relation to Contribution to PIS/PASEP-Import-Import and COFINS-Importation;

II-responsible, in relation to the Contribution to the PIS/PASEP and COFINS.

§ 2nd In the assumption that the pick-up in the form of § 1st of this article is not being made, it shall be launch of craft, with interest application and the fine of which treats the art caput. 44 of Law No 9,430 of December 27, 1996.

§ 3rd In the tax notes on the sale of which it treats the caput of this article should appear in speech?Sale of fuel oil, bunker type, effected with PIS/Cofins Suspension?, with the specification of the corresponding legal device and the tax code of the product.

Art. 3rd The arts. 8th, 28 and 40 of the Act No 10,865 of April 30, 2004 pass vigorously with the following essay:

?Art. 8th ............................................................................

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§ 12. ................................................................................

I-parts, parts and components, intended for the employment in the construction, conservation, modernization and conversion of registered or pre-registered vessels in the Special Regis

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?Art. 28. .............................................................................

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X-parts, parts and components, intended for employment in the construction, conservation, modernization and conversion of registered or pre-registered vessels in the Special

Single Paragraph. The Executive Power will regulate the provisions in the incisos IV and X of the caput of this article.? (NR)

?Art. 40. ............................................. ????????? ..

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§ 6o-A. The suspension of this article achieves freight revenue as well as revenues earned by the multimodal transport operator, relating to freight contracted by the preponderantly exporter legal person in the domestic market for the transport within the national territory of:

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Art. 4th The arts. 2nd, 13, the inciso III of the art caput. 17 and the art. 26 of the Act No. 11,196 of November 21, 2005, pass vigorously with the following essay:

?Art. 2nd It is beneficial to the REPES the legal person who preponderantly exercises the activities of software development or the provision of information technology services, and who, on the occasion of their option by the REPES, assume commitment of export equal to or greater than sixty per cent of its annual gross revenue arising from the sale of the goods and services of which this article is concerned.

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§ 2nd The Executive Power can reduce to even fifty percent and re-establish the percent of that it treats the caput.? (NR)

?Art. 13. It is beneficial to RECAP the preponderantly exporting legal person, thus considered the one whose gross income arising from export to the outside, in the calendar year immediately prior to the accession to RECAP, there was equal or superior to seventy-per cent of its total gross sales revenue of goods and services in the period and which assumes commitment to maintain that percentage of export during the two-year period-calendar.

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§ 2nd The legal person in start of activity or that it has not reached the previous year the percentage of export revenue required in the caput may qualify for RECAP provided that it assumes commitment to earn, in the period of three years-calendar, gross income arising from export to the exterior of, at the very least, seventing per cent of its total gross proceeds from the sale of goods and services.

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§ 4th For the legal persons who manufacture the related products in art. First of Law No 11,529 of October 22, 2007, the percentage of which treat the caput and the § 2nd shall be reduced to sixty per cent.? (NR)

?Art. 17. ..............................................................................

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III-integral depreciation, in the year of the acquisition, of machines, equipment, appliances and instruments, new, intended for use in the technological research and technological innovation development activities, for the purpose of IRPJ ascertainment ;

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?Art. 26. ................................................................................

§ 1st The legal person who treats the caput, for informatics and automation activities, you can deduct, for the purpose of ascertaining the real profit and CSLL's calculation basis the corresponding value to up to one hundred and sixty per cent of the expenditures carried out in the period of ascertainment with technology research and technological innovation development

§ 2nd The deduction that it treats § 1st can reach up to one hundred and eighty per cent of the expenditures in function of the number of employed researchers hired by the legal person, in the form to be defined in regulation.

§ 3rd A from the period of ascertaining in which occur the deduction that it treats § 1st of this article, the value of depreciation or amortization pertaining to expenditures, as the case, recorded in commercial registration is to be added to the net profit for profit determination effect real.

§ 4th The legal person it treats caput, which engage in other activities beyond those that have generated the benefits mentioned there, you will be able to enjoy, in relation to these activities, the benefits that it treats this Chapter.? (NR)

Art. 5th The arts. 14 and 15 of the Act No. 11,033 of December 21, 2004, pass vigorously with the following essay:

?Art. 14. ................................................................................

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§ 8th The willing in the caput applies also to the goods used in the execution of freight transportation services on railways, classified under headings 86.01, 86.02 and 86.06 of the Mercosur Common Nomenclature, and on the rails and other railway track elements, classified in heading 73.02 of the Mercosur Common nomenclature, related by the Executive Power.? (NR)

?Art. 15. ................................................................................

§ You may still be a beneficiary of the REPORTO o railway transportation dealer.

§ 2nd The Secretary of the Federal Revenue Office of Brazil shall establish the requirements and procedures for enabling beneficiaries to the REPORTO.? (NR)

Art. 6th The caput of the art. 3rd of Law No 11,484 of May 31, 2007, passes vigorously with the following essay:

?Art. 3rd In the case of sale in the domestic or import of machinery, apparatus, instruments and equipment, for incorporation to the immobilized asset of the acquiring legal person in the domestic or importer market, intended for the activities of which they treat the incisos I and II of the art caput. 2nd, they are reduced to zero the aliquots:

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Art. 7th The art. First of Law No 8,850 of January 28, 1994, passes vigorously with the following essay:

?Art. 1st The period of ascertaining the Tax on Industrial Products-IPI, incident in the output of the products of industrial establishments or similar to industrial, becomes monthly.

§ 1st The willing in the caput does not apply to the products classified under Chapter 22 and in Code 2402.20.00, of the IPI-TIPI Incidence Table approved by Decree no 6,006 of December 28, 2006, in respect of which the period of ascertainment is decendial.

§ 2nd The provisions of this article shall not apply to IPI incident in the customs disembarster of imported products.? (NR)

Art. 8th The art. 52 of the Act No 8,383 of December 30, 1991, passes vigorously with the following essay:

?Art. 52. .............................................................................

I-Tax on Industrialized Products- IPI:

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b) in the case of the other products: up to the last working day of the quinzena subsequent to the month of occurrence of the generator facts.

II- ........................................................................................

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§ 3rd The willing in the inciso I do not apply to IPI incident in the customs disembarster of imported products.? (NR)

Art. 9th The art. First of Law No 9,481 of August 13, 1997, passes vigorously with the following essay:

?Art. 1st ................................................................................

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III-paid values, credited, delivered, employees or remitted abroad, exclusively for payment of the expenses with promotion, advertisement and market surveys, from Brazilian services and products, including rentals and leases of stands and venues for exhibitions, fairs and similar conclaves, as well as those of installation and maintenance of commercial and representation offices, warehouses, deposits or warehouses ;

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XII-paid values, credited, delivered, employees or remitted abroad, by the Brazilian exporter, concerning the costs of storing, moving and carrying cargo and issuing documents carried out abroad.

Single Paragraph. In the cases of incisos II, III, IV, VIII, X, XI and XII the conditions, shapes and deadlines set by the Minister of State of the Farm should be observed.? (NR)

Art. 10. The art. First of Law No 11,051 of December 29, 2004, passes vigorously with the following essay:

?Art. First A legal persons taxed on the basis of real profit will be able to use credit for Social Contribution on Net Profit-CSLL, at the ratio of twenty-five per cent on the accounting depreciation of machines, apparatus, instruments and new equipment, related in regulation, acquired between 1st October 2004 and December 31, 2010, intended for the immobilized asset and employed in the industrial process of the purchaser.

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Art. 11. For the purpose of ascertaining the income tax, industrial companies manufacturers of vehicles and auto parts will be entitled to accelerated depreciation, calculated by application of the usually admitted depreciation rate, multiplied by four, without injury to the normal depreciation of machinery, equipment, apparatus and instruments, new, related in regulation, acquired between 1st May 2008 and December 31, 2010, intended for the immobilized asset and employed in industrial process of the acquirer.

§ 1st The accelerated depreciation of which treats the caput will constitute exclusion of net profit for purposes of determination of real profit and will be scripted in the actual profit finding fiscal book.

§ 2nd The total cumulative depreciation, including normal and accelerated, will not be able to overtake the acquisition cost of the good.

§ 3rd A from the period of ascertaining in which the limit of which treats the § 2nd is reached, the value of the normal depreciation, recorded in commercial registration, will be added to the net profit for real profit determination effect.

§ 4th The accelerated depreciation of which treats the caput should be calculated prior to application of the accelerated depreciation coefficients predicted in art. 69 of Law No 3,470 of November 28, 1958.

Art. 12. For the purpose of ascertaining the income tax, legal persons manufacturers of capital goods, without prejudice to normal depreciation, will be entitled to accelerated depreciation, calculated by the application of the usually admitted depreciation rate, multiplied by four, of the machines, equipment, apparatus and instruments, new, acquired between 1st May 2008 and December 31, 2010, intended for the immobilized asset and employed in the industrial process of the purchaser.

§ 1st The accelerated depreciation of which treats the caput will constitute exclusion of net profit for purposes of determination of real profit and will be scripted in the actual profit finding fiscal book.

§ 2nd The total cumulative depreciation, including normal and accelerated, will not be able to overtake the acquisition cost of the good.

§ 3rd A from the period of ascertaining in which the limit of which treats the § 2nd is reached, the value of the normal depreciation, recorded in commercial registration, will be added to the net profit for real profit determination effect.

§ 4th the capital goods and machinery, equipment, apparatus and instruments of which it treats this article will be related to regulation.

§ 5th The accelerated depreciation of which treats the caput should be calculated prior to application of the accelerated depreciation coefficients predicted in art. 69 of the Act No. 3,470, 1958.

Art. 13. Companies in the information technology and information technology and communication technology sectors-ICT will be able to exclude from net profit the costs and expenses with personnel empowerment that acts in the development of computer programs (software), for the purpose of ascertaining real profit, without prejudice to the normal deduction.

Single Paragraph. The exclusion of which treats the caput is limited to the value of real profit before the exclusion itself, vetoing the use of eventual excess in a later period of ascertainment.

Art. 14. The aliquots of which deal with the incisos I and III of the art. 22 of the Act No 8,212 of July 24, 1991, in relation to companies providing information technology services-IT and information technology and communication technology-ICT, may be reduced by subtraction of one-tenth of the percentage corresponding to the reason between the gross sales revenue of services for the external market and the total gross sales revenue of goods and services, noted the provisions of this article.

§ First For the purposes of the provisions of this article, the income earned in the twelve months shall be considered immediately prior to each quarter-calendar.

§ 2nd The ascertained aliquot in the form of the caput and § 1st will be applied uniformly in the months that make up the quarter-calendar.

§ 3rd In the case of company in commencement of activities, the ascertainment of which treats § 1st may be performed on the basis of less than twelve months, observed the minimum of three previous months.

§ 4th For the purpose of the caput, they consider IT and ICT services:

I-analysis and development of systems ;

II-programming ;

III-data processing and congenneres ;

IV-elaboration of computer programs, inclusive of electronic games ;

V-licensing or assignment of the right of use of computation programs ;

VI-advice and consulting in informatics ;

VII-technical support in computing, including installation, configuration and maintenance of programs of computing and databases ; and

VIII-planning, confection, maintenance and updating of electronic pages.

§ 5th The provisions of this article apply also for companies that provide call center services.

§ 6th The operations relating to unrelated services in § § 4th and 5th shall not be computed in the gross sales revenue of services for the external market.

§ § 7th In the case of the companies providing services referred to in § § 4th and 5th, the values of the contributions due to third parties, thus understandings other entities or funds, shall be reduced by the percentage referred to in the caput, observed the provisions of § § 1st and 3rd.

§ 8th The provisions of § 7th shall not apply to the contribution intended for the National Development Fund of Education-FNDE.

§ 9th To make jus the reductions of which treat the caput and § 7th, the company should:

I-deploy programme of prevention of environmental risks and occupational diseases arising from the professional activity, as per criteria established by the Ministry of Social Welfare ; and

II-carry out counterparts in terms of personnel empowerment, investments in research, development and technology innovation and certification of quality

§ 10. The Union will compensate for the Fund of the General Social Welfare Regime, of which it treats art. 68 of the Supplementary Law no 101 of May 4, 2000, in the value corresponding to the estimation of previdual waiver arising from the disoneration of which it treats this article, so as not to affect the ascertaining of the financial outcome of the General Regime of Social Security.

§ 11. Failure to comply with the requirements of § 9th implies the loss of the right of the reductions of which they treat the caput and the § 7th coiling the gap in the difference in contributions with the legal accruals cableable.

§ 12. The provisions of this Article shall apply for the period of five years, counted from the first day of the month following that of publication of the Regulation referred to in § 13.

§ 13. The provisions of this article will be regulated by the Executive Power.

Art. 15. This Provisional Measure comes into force on the date of its publication, producing effects, in relation to:

I-arts. 7th and 8th, starting from the first day of the month subsequent to that of its publication ;

II-too many articles, as of the date of their publication.

Art. 16. Stay revoked:

I-the art. 2nd of Law No 9,493 of September 10, 1997 ; and

II-o § 3rd of art. 2nd and the art. 3rd of Law No 11,196 of November 21, 2005.

Brasilia, May 12, 2008 ; 187th of the Independence and 120th of the Republic.

LUIZ INACIO LULA DA SILVA

Guido Mantega

This text does not replace the published in the DOU of 5/13/2008