Brazil’s Federal Revenue Service (Receita Federal) has opened a public consultation on draft instructions that would add the OECD’s Simplified Effective Tax Rate Safe Harbour to the Additional CSLL regime. The official notice was published on 9 November 2026, while the proposal has been available for comment since 6 November. Comments are due by 16 November 2026.
The proposal is not enacted guidance. It would amend Normative Instruction RFB No. 2,228/2024, which administers Brazil’s Additional CSLL domestic minimum tax, and Normative Instruction RFB No. 1,520/2014, which governs taxation of profits earned abroad. The operative text is in Receita’s 26-page consultation annex.
Article 1 of the proposed annex would allow an annual election for a tested jurisdiction. If the simplified effective tax rate is at least 15%, or the simplified calculation produces a loss, the Additional CSLL for that jurisdiction would be treated as zero. The election would apply only to fiscal years beginning on or after 1 January 2027.
This is an administrative simplification and not a reduction of Brazil’s statutory 15% minimum rate. A group that does not satisfy the safe-harbour conditions would remain subject to the ordinary Additional CSLL calculation under Law No. 15,079/2024 and IN RFB No. 2,228/2024. The draft also makes clear that eligibility is tested annually.
Article 2 would require separate tests for ordinary constituent entities, minority-owned subgroups or entities, eligible investment entities, stateless entities, joint-venture subgroups and joint ventures. An annual election could combine non-minority constituent entities with certain domestic investment entities only where the specified conditions are satisfied.
Articles 3 to 5 start from the financial statements already specified by Article 10 of IN RFB No. 2,228/2024. The draft then prescribes adjustments rather than accepting a group’s headline accounting effective tax rate. Those adjustments address, among other matters, dividend and equity-accounting items, permanent differences, reorganisation gains and losses, tax credits, deferred tax and entities treated as immaterial for consolidation purposes.
The safe harbour would be unavailable in specified cases, including certain stateless and investment entities. Articles 49 to 52 also apply entry and re-entry restrictions and four integrity principles: income and tax must be matched; the full amount must be allocated; a loss must be recognised only once; and tax must be counted only once. These restrictions matter because the simplified computation is intended to reduce compliance work without allowing mismatched accounts or duplicated tax attributes to create relief.
Businesses should therefore treat the consultation as a proposal and identify which Brazilian and foreign entities would fall into each tested category. The final text could change after consultation, and Receita has not yet enacted the proposed 2027 election.
Read the practical analysis of deferred tax, transition mechanics, reorganisations and the proposed foreign minimum-tax deduction.
Core membership includes the full article, country guides and specialist Pillar Two analysis. Add Core + Tools for comparative PDF reports and compliance tools.
Explore the research and report previews before choosing your plan.
| Cookie | Duration | Description |
|---|---|---|
| cookielawinfo-checkbox-analytics | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics". |
| cookielawinfo-checkbox-functional | 11 months | The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". |
| cookielawinfo-checkbox-necessary | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary". |
| cookielawinfo-checkbox-others | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other. |
| cookielawinfo-checkbox-performance | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance". |
| viewed_cookie_policy | 11 months | The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data. |