PROVISIONAL MEASURE NO 540, DE August 2, 2011.

Institutes the Special Regime of Reintegration of Tributary Values for Exporter Companies-REINTEGRATION ; it has on the reduction of the Tax on Industrialized Products-IPI to the automotive industry ; changes the incidence of the pension contributions due by the companies that mention, and gives other providences.

THE REPUBLIC 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. 1º The Special System of Reintegration of Tributary Values for Exporting Companies-REINTEGRATES, with the aim of reintegrating values regarding existing residual tax costs in their production chains, is hereby established. (Production of effect)

Art. 2º Within the framework of the REINTEGRATION, the producing legal person who exports manufactured goods in the Country will be able to ascertain value for the purposes of partially or in full the existing tax residue in their production chain. (Production of effect)

§ 1º The value will be calculated upon the application of percentage established by the Executive Power on revenue arising from the export of goods produced by the legal person referred to in the caput.

§ 2º The Executive Power will be able to fix the percentage of which treats § 1º between zero and 3% (three per hundred), as well as may differentiate the percentage applicable by economic sector and type of activity exerted.

§ 3º For the purposes of this article, you consider yourself well-manufactured in the Country that:

I-rated in Tax Incidence Table code on Industrialized Products related in act of the Executive Power ; and

II-whose cost of imported inputs does not exceed the percentage limit of the export price, as defined in relation discriminated by type of good, constant of the act referred to in the inciso I of this paragraph.

§ 4º The legal person will use the ascertained value for:

I-make compensation with own, woven or vincensed debits, relative to tributes administered by the Office of the Office of the Federal Revenue Office of Brazil, observed the specific legislation applicable to the matter ; or

II-apply for its resisement in kind, in the terms and conditions set forth by the Registry of the Federal revenue from Brazil.

§ 5º For the purposes of this article, it is considered to export the direct sale to the outside or the company exporter commercial with the specific end of export to the outside.

§ 6º The provisions of this article do not apply to:

I-exporter commercial company ; and

II-goods that have been imported.

§ 7º The exporting commercial company is obliged to collect the value assigned to the company seller producer if:

I-resell, on the domestic market, the products purchased for export ; or

II-within the period of 180 (one hundred and eighty) days, counted from the date of issue of the sales tax bill by the producer company, there is no export of the products to the exterior.

§ 8º The collection of the value referred to in § 7º is to be effected by the 10th day subsequent to the expiration of the deadline set for the effector of the export, plus a fine of living or of office and of interest equivalent to the benchmark rate of the Special Settlement and Custody Special System-SELIC, for federal securities, accumulated monthly, calculated from the first day of the month following that of the issuance of the sales tax note of the products to the exporting commercial enterprise until the last day of the month prior to that of the payment, and one per cent in the month of payment.

Art. 3º REINTEGRATION shall apply to exports carried out until December 31, 2012. (Production of effect)

Art. 4º The art. 1º of Law No. 11,774 of September 17, 2008, passes vigorously with the following essay:

" Art. 1º Legal persons, in the hypotheses of acquisition in the domestic or import of machinery and equipment intended for the production of goods and provision of services, will be able to opt for the discount on the Contribution credits for PIS/Pasep and the Contribution to the Financing of Social Security-COFINS of which treat the inciso III of § 1º of the art. 3º of Law No. 10,637 of December 30, 2002, the incision III of § 1º of the art. 3º of Law No. 10,833 of December 29, 2003, and § 4º of the art. 15 of Law No. 10,865 of April 30, 2004, as follows:

I-within the period of 11 (eleven) months, in the case of acquisitions that occurred in August 2011 ;

II-within the time limit of 10 (ten) months, in the case of acquisitions that occurred in September 2011 ;

III-within 9 (nine) months, in the case of acquisitions that occurred in October 2011 ;

IV-within the period of 8 (eight) months, in the case of acquisitions that occurred in November 2011 ;

V-within the period of 7 (seven) months, in the case of acquisitions that occurred in December 2011 ;

VI-within 6 (six) months, in the case of acquisitions that occurred in January 2012 ;

VII-within the period of 5 (five) months, in the case of acquisitions that occurred in February 2012 ;

VIII-within the period of 4 (four) months, in the case of acquisitions that occurred in March 2012 ;

IX-within 3 (three) months, in the case of acquisitions that occurred in April 2012 ;

X-within 2 (two) months, in the case of acquisitions that occurred in May 2012 ;

XI-within 1 (one) month, in the case of acquisitions that occurred in June 2012 ; and

XII-immediately, in the case of acquisitions occurred as of July 2012.

§ 1º The credits it treats this article will be determined:

I-by application of the percentage predicted in the art caput. 2º of the Act No. 10,637, 2002, and in the art caput. 2º of Law No. 10,833, 2003, on the value corresponding to the cost of acquisition of the good, in the case of acquisition in the domestic market ; or

II-in the form provided for in § 3º of the art. 15 of Law No. 10,865, 2004, in the case of importation.

§ 2º The provisions of this article apply to goods new acquired or received from the date of publication of this Provisional Measure.

§ 3º The discount scheme of credits on time of 12 (twelve) months shall remain applicable to new goods acquired or received from the month of May 2008 and previously to the date of publication of this Provisional Measure. " (NR)

Art. 5º The manufacturers, in the Country, of products classified under Positions 87.01 a to 87.06 of the Tax Incidence Table on Industrialized Products-TIPI, approved by Decree No 6,006 of December 28, 2006, observed the limits predicted in the incisos I and II of the art. 4º of Decree-Law No. 1,199 of December 27, 1971, will be able to enjoy the reduction of the IPI's aliquots, upon act of the Executive Power, with the aim of stimulating competitiveness, the aggregation of national content, investment, innovation technology and local production.

§ 1º The reduction that treats the caput:

I-should observe, met the requirements set in act of the Executive Power, levels of investment, technological innovation and aggregation of national content ;

II-can be enjoyed until July 31, 2016 ; and

III-will cover the products indicated in act of the Executive Power.

§ 2º For the purposes of this article, the Executive Power will define:

I-the percentage of the reduction that treats the caput, may differentiate them by type of product, having in view of the criteria set out in § 1º; and

II-the habilitation form of the legal person.

§ 3º The reduction of which treats the caput can be enjoyed in conjunction with the benefits provided for in the arts. 11-A and 11-B of Law No. 9,440 of March 14, 1997, and at art. 1º in Law No 9,826 of August 23, 1999, and, still, cumulatively with the special taxation regime of which it treats art. 56 of the Provisional Measure No. 2.158-35 of August 24, 2001, in the terms, limits and conditions set out in act of the Executive Power.

Art. 6º The reduction in which it treats art. 5º applies to the foreign provenance products classified under headings 87.01 a to 87.06 of TIPI, observed the provisions of the inciso III of § 1º of the art. 5º, met the limits and conditions set in act of the Executive Power.

Single Paragraph. Respected the international agreements of which the Federative Republic of Brazil is a signatory, the provisions of the caput applies only in the case of exit of the imported products of importer belonging to the legal person manufacturer which meets the requirements mentioned in § § 1º and 2º of the art. 5º.

Art. 7º Through December 31, 2012, the contribution due by the companies that exclusively provide the information technology services-IT and information technology and communication technology-ICT, referred to in § 4º of the art. 14 of Law No. 11,774, 2008, will focus on the value of gross revenue, excluded sales cancelled and unconditional discounts granted, in place of the contributions provided for in the incisors I and III of the art. 22 of Law No. 8,212 of July 24, 1991, at the aliquot of 2.5% (two integers and five tenths per cent). (Duration)

Single Paragraph. For the duration of this article, the companies covered by the caput will not do jus to the reductions provided for in the art caput. 14 of Law No. 11,774, 2008.

Art. 8º Until December 31, 2012, they will contribute on the value of gross revenue, excluded sales cancelled and unconditional discounts granted, to the aliquot of 1.5% (an integer and five tenths per cent), in place of the expected contributions in the incisos I and III of the art. 22 of Law No. 8,212, 1991, the companies that fabric the products classified in the Tax Incidence Table on Industrialized Products-TIPI, approved by Decree No. 6,006, 2006: (Vigencia)

I-in codes 3926.20.00, 40.15, 42.03, 43.03, 4818.50.00 and 6812.91.00 ;

II-in codes 4202.11.00, 4202.21.00, 4202.31.00, 4202.91.00, 4205.00.00, 6309.00, 64.01 a 64.06 ; and

III-in codes 94.01 a to 94.03.

Single Paragraph. In the case of companies lying on other activities, in addition to those provided in the caput, the calculation of the contribution will obey:

I-to the provisions in the caput as to the share of gross revenue corresponding to the related products in their incisos I to III ; and

II-to the willing in the incisos I and III of the art. 22 of Law No. 8,212, 1991, reducing the value of the contribution to be collected to the percentage resulting from the reason between gross revenue from activities unrelated to the manufacture of the arrolled products in the incisos I to III of the caput and total gross revenue.

Art. 9º For the purposes of this Provisional Measure: (Duration)

I-gross prescription should be considered without the adjustment that it treats the inciso VIII of the art. 183 of Law No. 6,404 of December 15, 1976 ;

II-excludes from the basis of calculation of contributions to gross revenue from exports ;

III-the date of the collection of contributions shall comply with the provisions of paragraph "b" of the inciso I of the art. 30 of Law No. 8,212, 1991 ;

IV-the Union will compensate for the Fund of the General Social Welfare Regime, of which it treats art. 68 of Supplementary Law No. 101 of May 4, 2000, in the value corresponding to the estimation of previdual waiver arising from the disoneration, so as not to affect the ascertainment of the financial result of the General Social Welfare Regime ; and

V-with regard to the contributions of which they treat the arts. 7º and 8º, companies remain subject to the other obligations laid down in the pension legislation.

Art. 10. Act of the Executive Power will institute tripartite commission for the purpose of monitoring and evaluating the implementation of the measures dealing with the arts. 7º to 9º, formed by representatives of the workers and businessmen from the economic sectors indicated there, as well as from the federal Executive Power.

Art. 11. The art. 1º of the Provisional Measure No 2.199-14 of August 24, 2001, passes the vigorous addition of § § 1º-A and 3º-A:

" § 1º-A. The legal persons manufacturers of machines, equipment, instruments and devices, based on digital technology, aimed at the digital inclusion program with project approved under the caput will be entitled to exemption from the tax on the income and additional, calculated on the basis of profit from the holding. " (NR)

" § 3º-A. In the case of project that it treats § 1º-A that is already being used for the tax benefit under the caput, the fruition deadline becomes ten years counted from the date of publication of the Provisional Measure no 540 of August 2, 2011. " (NR)

Art. 12. The art. 28 of Law No. 11,196 of November 21, 2005, passes vigorously with the following essay:

" Art. 28. .....................................................................

..........................................................................................

VI-Automatic processing machines of data, portable, without keyboard, which have a central processing unit with input and output of data by means of a touchscreen of area exceeding 140 cm² and less than 600 cm², and which do not possess remote command function (Tablet PC) classified under subheading 8471.41 of TIPI, produced in the Country as the basic productive process established by the Executive Power. " (NR)

Art. 13. The art. 19-A of Law No. 11,196, 2005, passes vigorously with the following essay:

" Art. 19-A. The legal person may exclude from net profit, for the purpose of ascertaining the real profit and calculation basis of Social Contribution on Net Profit-CSLL, the expenditures effective in scientific and technological research project and innovation technological to be performed by Scientific and Technological Institution-ICT, the one referred to as the inciso V of the art caput. 2º of Law No. 10,973 of December 2, 2004, or by private, not-for-profit scientific and technological entities, as per Regulation.

................................................................................... " (NR)

Art. 14. Cigarettes classified under Code 2402.20.00 of the Tax Incidence Table on Industrialized Products-TIPI, approved by Decree No 6,006 of 2006, of national or imported manufacturing, exceeded those classified in the Ex 01, stay subject to Tax on Industrialized Products-IPI to the 300% aliquot (three hundred per cent). (Duration)

§ 1º It is made available to the Executive Power to change the aliquot of which treats the caput, observed the willing on art. 4º, incisos I and II, of Decree-Law No. 1,199, of 1971.

§ 2º The IPI will be calculated upon application of the aliquot on the taxable value of the inciso I do art. 4º of Decree-Law No. 1,593 of December 21, 1977.

Art. 15. The percentage fixed by the Executive Power, in observance of the provisions in the inciso I of the art. 4º of Decree-Law No. 1,593, 1977, may not be less than 15% (fifteen per cent). (Duration)

Art. 16. The IPI that it treats art. 14 will be ascertained and collected a single time: (Vigence)

I-by the industrial establishment, in relation to the outputs of cigarettes destined for the market internal ; or

II-by the importer, in the customs disembarster of foreign provenance cigarettes.

§ 1º In the hypothesis of differentiated pricing in relation to a same commercial brand of cigarette, shall prevail, for the purposes of ascertaining and collecting the IPI, the highest retail price practiced in the national territory.

§ 2º The Office of the Federal Revenue Office of Brazil will disclose, through its website, the name of the trade marks of cigarettes and the retail prices of which it treats § 1º, as well as the start date of its duration.

Art. 17. The industrial legal person or importer of the cigarettes referred to in art. 14 may opt for special arrangements for ascertaining and picking up IPI, in which the value of the tax will be obtained by the sum of two installments, calculated by using aliquots: (Vigencia)

I-ad valorem, observed the provisions of § 2º of the art. 14 ; and

II-specific, fixed in real per vintena, based on the physical characteristics of the product.

§ 1º The Executive Power shall set the aliquots of the special scheme of which it treats the caput:

I-in percentage not more than 1/3 (one third) of the aliquot of which it treats art caput. 14, in relation to the ad valorem aliquot ; or

II-in value of not less than R$ 0.80 (eighty cents of real), in relation to the specific aliquot.

§ 2º The provisions contained in art. 16 also apply to IPI due to the optical legal persons by the special scheme that it treats the caput.

§ 3º The proposal by the legal person of judicial action questioning the terms of the special regime of which it treats the caput implies quitting the option and incidence of IPI in the form of art. 14.

Art. 18. The option by the special scheme provided for in art. 17 shall be exercised by the legal person in relation to all establishments, until the last working day of the month of December each year-calendar, producing effects from the first day of the calendar year subsequent to that of the option. (Duration)

§ 1º The option referred to in this article will be automatically extended for the calendar year next, unless the legal person of her giving up, under the terms and conditions established by the Office of the Federal Revenue Office of Brazil.

§ 2º In the year-calendar in which the legal person initiating production or import activities of cigarettes that it treats art. 14, the option by the special scheme may be exercised at any given date, producing effects from the first day of the month following that of the option.

§ 3º Exceptionally in the calendar year 2011, the option referred to in the caput may be exercised up to the last working day of the third month following that of the publication of this Interim Measure, producing effects from the first day of the month following that of the option.

§ 4º The Office of the Federal Revenue Office of Brazil will disclose, through its website, the name of the opting legal persons in the form of this article, as well as the starting date of the respective option.

Art. 19. In the hypotheses of infraction to IPI legislation, the requirement for fines and interest on arrears shall be in accordance with the general standards of that tax. (Duration)

Art. 20. The Executive Power will be able to set minimum retail price for cigarettes classified under code 2402.20.00 of TIPI, valid throughout the national territory, below which it is prohibited for marketing. (Duration)

§ 1º The Office of the Brazilian Federal Revenue Office will apply penalty for cigarette-per-per-perity marketed at odds with the provisions of the caput, without prejudice to the criminal penalties that can be imposed in the hypothesis of products introduced clandestinely into national territory.

§ 2º It is vetoed, by the time limit of 5 (five) years-calendar, the marketing of cigarettes by the person legal framed for discompliance to the willing in the caput.

§ 3º It is subject to the cancellation of the special cigarette manufacturer register of which it treats art. 1º of Decree-Law No. 1,593 of 1977, the industrial establishment which:

I-disclose retail price table in retail at odds with the willing on the caput ; or

II-marketing cigarettes to legal person framed in the hypothesis of § 2º.

Art. 21. The art. 8º of Law No. 10,865 of April 30, 2004, passes vigorously with the following essay: (Vigencia)

" Art. 8º ...........................................................................

...............................................................................................

§ 21. The aliquot of which treats the inciso II of the caput is increased by 1.5 (an integer and five tenths) percentage points, in the hypothesis of the importation of the goods classified in the Tax Incident Table on Industrialized Products-TIPI, approved by Decree No 6,006 of December 28, 2006:

I-in codes 3926.20.00, 40.15, 42.03, 43.03, 4818.50.00 and 6812.91.00 ;

II-in codes 4202.11.00, 4202.21.00, 4202.31.00, 4202.91.00, 4205.00.00 ;

III-in codes 6309.00, 64.01 a 64.06 ; and

IV-in codes 94.01 a to 94.03. " (NR)

Art. 22. The Executive Power will regulate the willing in the arts. 1º to 3º, 7º to 10 and 14 a to 20 of this Provisional Measure.

Art. 23. This Provisional Measure comes into force on the date of its publication.

§ 1º The arts. 1º to 3º will produce effects only after its regulation.

§ 2º The arts. 7º to 9º and 14 a 21 enter into force on the first day of the fourth month subsequent to the date of their publication.

Art. 24. Stay revoked:

I-as of 1º July 2012, the art. 1º of Law No. 11,529 of October 22, 2007 ; and

II-as of the date of entry into force of the arts. 14 a to 20 of this Provisional Measure, the art. 6º of Decree-Law No. 1,593 of December 21, 1977.

Brasilia, August 2, 2011 ; 190º of Independence and 123º of the Republic.

DILMA ROUSSEFF

Guido Mantega

Fernando Damata Pimentel

Mercadante Aloizio

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