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Law No. 11529, Of 22 Of October 2007

Original Language Title: Lei nº 11.529, de 22 de Outubro de 2007

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LEI No. 11,529, OF October 22, 2007.

Disposes on the rebate of Contribution credits for PIS/Pasep and Cofins, in the acquisition in the internal market or import of capital goods destined for the production of the goods related in Annexes I and II to the Act No 10,485 of July 3, 2002 and of products classified in the Incidence Table of the Industrialized Products-TIPI, approved by the Decree No 6,006 of December 28, 2006; authorizes the granting of economic grant in the lending and financing operations aimed at companies of the ornamental stone sectors, timber beneficiation, leather beneficiation, footwear and artifacts of leather, textile, confection and wooden furniture; alters the Laws in the 10,637, of December 30, 2002, and 10,865, of April 30, 2004; and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC I know that the National Congress decrees and I sanction the following Law:

Art. Contribution credits to the PIS/Pasep and the Contribution to the Funding for Social Security-Cofins, of which they treat the inciso VI of the art caput. 3rd of the Law no 10,637, of December 30, 2002, the inciso VI of the art caput. 3rd of the Law no 10,833, of December 29, 2003, and the inciso V of the art caput. 15 of the Act No 10,865 of April 30, 2004, may be discounted, in its full amount, from the month of acquisition in the domestic or import market, in the hypothesis of referring to capital goods destined for the production or manufacturing of the products:

I-sorted in the Incidence Table of the Products Tax Industrialized-TIPI, approved by the Decree no 6,006, of December 28, 2006:

a) in codes 0801.3, 42.02, 50.04 a to 50.07, 51.05 a to 51.13, 52.03 a to 52.12, 53.06 a to 53.11;

b) in Chapters 54 a to 64;

c) in codes 84.29, 84.32, 8433.20, 8433.30.00, 8433.40.00, 8433.5, 87.01, 87.02, 87.03, 87.04, 87.05 and 87.06; and

d) in the codes 94.01 and 94.03; and

II-related in Annexes I and II of the Law no 10,485, of 3 of July 2002.

§ 1st The credits of which treats the caput of this article will be determined:

I-by application of the predicted percentage in the art caput. 2nd of the Law no 10,637, of December 30, 2002, and in the art caput. 2nd of the Law no 10,833 of December 29, 2003 on the acquisition value of the good, in the case of acquisition in the domestic market; or

II-in the form predicted in § 3rd of the art. 15 of the Law no 10,865, of April 30, 2004, in the case of importation.

§ 2nd Does not apply to the capital goods referred to in the caput of this article the willing in the inciso III of the § 1st of art. 3rd of the Law no 10,637, of December 30, 2002, in the inciso III of the § 1st Art. 3rd of the Law no 10,833, of December 29, 2003, and in § 4th of the art. 15 of the Law no 10,865, of April 30, 2004.

§ 3rd The provisions of this article apply to the acquisitions and imports effectuated from the date of publication of this Law.

Art. 2nd Stay the Union authorized to grant economic grant, under the modalities of equalization of interest rates and granting of addedness bonus on interest, on loan and financing operations aimed specifically at companies in the ornamental stones, timber beneficiation sectors, leather beneficiation, leather footwear and artifacts, textile, confection, inclusive line home, and wooden furniture, with annual gross operating revenue of up to R$ 300,000,000.00 (three hundred million reais), pursuant to this article.

§ First the total value of loans and financing to be subsidized by the Union is limited to the amount of up to R$ 3,000,000,000.00 (three billion reais), observed the following distribution:

I-up to R$ 2,000,000,000.00 (two billion reais), with resources from the National Bank of Economic Development and Social-BNDES;

II-up to R$ 1,000,000,000.00 (one billion reais), with resources from the Amparo Fund to Worker-FAT, in the special credit line FAT-Giro Sector, of which it treats Resolution No 493, of May 15, 2006, of the Deliberative Council of the Amparo Fund to Worker-Codefat, for exclusive application by the federal official financial institution.

§ 2nd payment of the grant of which treats the caput of this article will be effected upon the use of resources of specific budget appropriations, to be allocated in the General Budget of the Union.

§ 3rd The equalization of interest that it treats the caput of this article will match:

I-to the differential between the burden of the final borrower and the cost of the source, plus the remuneration of BNDES and the spread of the financial agent, for the case of the resources of which it treats the inciso I of § 1st of this article; and

II-to the differential between the burden of the final borrower and the cost of the source, plus the spread of the federal official financial institution, to the case of the resources of which treats the inciso II of the § 1st article.

§ 4th The payment of the equalization and the addedness bonus of which treats the caput of this article is conditional on the substantiation of the application of the resources and the submission of a statement of responsibility by the BNDES and the federal official financial institution, as the case, for the purposes of settlement of the expenditure.

§ 5th The Executive Power regulates the remaining conditions for the granting of the economic grant of which it treats this Act, by staying in charge of the National Monetary Council-CMN and Codefat, within their respective legal powers, to establish those necessary for the hiring of the loans and financing, among them the interest rates and the maximum limit of the addedness bonus.

Art. 3rd The art. 29 of the Law no 10,637, of December 30, 2002, goes on to invigorate with the following essay:

?Art. 29. ......................................................................................................

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

§ 3rd For the purposes of the inciso II of § of this article, considers itself to be a preponderantly exporting legal person the one whose gross revenue arising from export to the outside, in the calendar year immediately preceding that of the acquisition, there have been more than 70% (seventy percent) of its total gross revenue from selling goods and services in the same period, after excluded the taxes and incident contributions on the sale.

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

§ 8º The percent of which treats § 3rd of this article is reduced to 60% (sixty percent) in the case of legal person in which 90% (ninety percent) or more of their export revenues housee were arising from the export of the products:

I-ranked in the Tax Incidence Table about Industrialized Products-TIPI, approved by Decree no 6,006, of December 28, 2006:

a) in codes 0801.3, 25.15, 42.02, 50.04 a 50.07, 51.05 a 51.13, 52.03 a 52.12, 53.06 a 53.11;

b) in Chapters 54 a to 64;

c) in the codes 84.29, 84.32, 8433.20, 8433.30.00, 8433.40.00, 8433.5, 87.01, 87.02, 87.03, 87.04, 87.05 and 87.06; and

d) in codes 94.01 and 94.03; and

II-related in Annexes I and II of the Act no 10,485, of July 3, 2002.? (NR)

Art. 4th The arts. 28 and 40 of the Law no 10,865, of April 30, 2004, go on to invigorate with the following essay:

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

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

VIII-new vehicles mounted on chassis, with capacity for 23 (twenty three) to 44 (forty-four) persons, classified in the codes 8702.90.10 Ex 02 and 8702.90.90 Ex 02, of TIPI, intended for school transport for basic education in the rural area of the state and municipal networks, which meet the devices of the Act No. 9,503, of September 23, 1997-Brazilian Transit Code, when acquired by States, Municipalities and the Federal District, in the form to be established in regulation of the Executive Power;

IX-new vessels, with capacity for 20 (twenty) to 35 (thirty five) persons, classified in code 8901.90.00 of the TIPI, intended for school transport for basic education in the rural area of state and municipal networks, when acquired by states, Municipalities and the Federal District, in the form to be established in regulation of the Executive Power.

......................................................................................................? (NR)

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

§ 1º For the purposes of the willing in the caput of this article, it considers itself to be preponderantly exporting the one whose gross revenue arising from export abroad, in the calendar year immediately preceding that of the acquisition, there has been equal to or greater than 70% (seventy percent) of its total gross proceeds from selling goods and services in the same period, after excluded taxes and incident contributions on the sale.

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

§ 10. The percentage of which deals with § First of this article is reduced to 60% (sixty percent) in the case of legal person in which 90% (ninety percent) or more of its export earnings housees were stemming from the export of the products:

I-sorted in the Incidence Table of the Industrialized Products Tax-TIPI, approved by the Decree no 6,006, of December 28, 2006:

a) in codes 0801.3, 25.15, 42.02, 50.04 a 50.07, 51.05 a 51.13, 52.03 a 52.12, 53.06 a 53.11;

b) in Chapters 54 a to 64;

c) in the codes 84.29, 84.32, 8433.20, 8433.30.00, 8433.40.00, 8433.5, 87.01, 87.02, 87.03, 87.04, 87.05 and 87.06; and

d) in codes 94.01 and 94.03; and

II-related in Annexes I and II of the Act no 10,485, of July 3, 2002.? (NR)

Art. 5th This Law comes into effect on the date of its publication.

Brasilia, October 22- 2007; 186th of the Independence and 119th of the Republic.

LUIZ INÁCIO LULA DA SILVA

Nelson Machado

This text does not replace the one published in the DOU of 10/23/2007