PROVISIONAL MEASURE N ° 2.159?69, OF July 27, 2001

Changes the income tax legislation and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives you the art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:

Art. 1º The legal person, whose claims with a legal person of public law or with company under his control, public company, society of mixed economy or its subsidiary, arising from construction by endeavor, of supply of goods or services, are settled by the Public Power with securities of its issuance, including with Securitization Certificates, issued specifically for that purpose, it may compute the share of the profit, corresponding to those claims, that there has been deferred in the form of the provisions of § § 3º and 4º of the art. 10 of the Decree?Law No. 1,598 of December 26, 1977 in the determination of the actual profit of the period? basis of the rescue of the securities or of their disposal in any form.

Art. 2º The provisions of the art. 65 of Law No. 8,383 of December 30, 1991 applies, also, in the cases of delivery, by the winning bidder, of public debt securities of the State, the Federal District or the Municipality, as a counterpart to the acquisition of shares or shares of a company under direct or indirect control of the said legal persons of public law, in the cases of deestatization by them promoted.

Art. 3º It gets reduced to fifteen percent the aliquot of the income tax incident in the source on the sums paid, credited, delivered, maids or remitted abroad for the remuneration of technical services and technical assistance, and the title of róialties, of any nature, from the beginning of the collection of the contribution established by Law No. 10,168 of December 29, 2000.

Art. 4º It is granted incident credit on the Contribution of Intervention in the Economic Domain, instituted by Law No. 10,168, of 2000, applicable to the importations paid, credited, delivered, maids or remitted abroad for the title of rods referring to patent and trademark exploitation contracts.

§ 1º The credit referred to in the caput:

I? shall be determined on the basis of the due contribution, incident on payments, credits, deliveries, employment or overseas remittance of the subject of which it treats the caput of this article, upon use of the following percentage:

a) one hundred percent, relative to the periods of ascertainment ended from 1º January 2001 to December 31, 2003;

b) seventy percent, regarding the periods of ascertainment ended up from from 1º from January 2004 to December 31, 2008;

c) thirty percent, regarding the periods of ascertaining ended from 1º January 2009 to December 31, 2013;

II? will be used, exclusively, for the purposes of deduction of the incident contribution in later operations, concerning the róialties provided for in the caput of this article.

§ 2º The Gestor Committee defined in the art. 5º of Law No. 10,168, of 2000, will be composed of representatives of the Federal Government, the industrial sector and the academic? scientific segment.

Art. 5º Will not focus income tax on the source on the income paid or credited to the company domiciled abroad, by the contraption of telecommunication services, by telecommunication company that centralize, in Brazil, the provision of corporate network services of legal persons.

Single paragraph. For the purposes of this article, consider? se corporate network the privative telecommunications network of a company or entity, which interconnects its various points of operations in Brazil and abroad.

Art. 6º The assets of the asset permanent immobilized, except bare earth, acquired by legal person who explore rural activity, for use in that activity, could be depreciated in full in the year of the acquisition.

Art. 7º Excluded? if da incidence of income tax at source and income statement the value of the rescue of private pension contributions, the burden of which has been on the physical person, received on the occasion of their disbanding of the entity's benefits plan, which match the instalments of contributions effected in the period 1º from January 1989 a to December 31, 1995.

Art. 8º Will be admitted as expenses with instruction, provided for in the art. 8º, inciso II, paragraph 9,250 (b) of Law No. 9,250 of December 26, 1995, payments are made to crèches.

Art. 9º It is reduced to zero, regarding the generating facts occurring from 1º January 2001, the aliquot of the income tax incident on remittances, to the outside, intended solely for the payment of expenses related to market research for Brazilian export goods, as well as those arising from participation in exhibitions, fairs and similar events, inclusive rentals and leases of estandes and exhibition venues, linked to the promotion of Brazilian products, as well as expenditures with advertisement carried out in the framework of these events.

§ 1º The Executive Power shall lay down the conditions and requirements for the application of the provisions of this article.

§ 2º Regarding the period from 1º January 2001 a to December 31, 2003, the annual waiver of revenue arising from the reduction of aliquot referred to in the caput will be ascertained, by the Executive Power, upon projection of the effective resignation verified in the first half.

§ 3º For the purposes of the provisions of the art. 14 of the Supplementary Act No. 101 of May 4, 2000, the annual amount of the waiver, ascertained in the form of § 2º, in the months of September of each year, will be borne to the account of financing sources of the contingency reserve, save if excess of fundraising, ascertained also in the form of § 2º, in relation to the forecast of revenues, for the same period, deducted the value of the waiver.

§ 4º The excess fundraising perhaps ascertained in the terms of § 3º, in fine, will used for clearing the amount of the waiver.

§ 5º The aliquot referred to in the caput, in the hypothesis of payments to resident or domiciled in countries that do not tax the income or that the tribute to the maximum aliquot less than twenty percent, the one that refers to art. 24 of Law No. 9,430, of December 27, 1996, will be twenty-five percent.

Art. 10. They are convalidated the acts practiced on the basis of the Provisional Measure No. 2.159?68, of June 28, 2001.

Art. 11. This Interim Measure takes effect on the date of its publication.

Brasilia, July 27, 2001; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Pedro Malan

Ronaldo Mota Sardenberg