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Split Payment: Impacts and Implications in Tax Reform

19/06/2024

Tax reform in Brazil has been a central topic of political and economic discussions in recent years. Among the various proposed changes, one of the most significant is the introduction of the “split payment” system.

This mechanism promises to profoundly alter the way taxes are collected and managed, directly impacting businesses, consumers, and tax administration. This article aims to explore the main aspects of split payment, its objectives, advantages, and challenges, as well as to contextualize its application in Brazilian tax reform.

What is Split Payment?

Split payment is a tax collection system that divides the payment of a commercial transaction into two parts: the amount destined for the seller and the corresponding tax amount, which is automatically transferred to the government. This model is designed to combat tax evasion and ensure greater efficiency in tax collection, particularly the Goods and Services Tax (IBS) under the new reform.

Objectives of Split Payment

The main objectives of split payment are:

  1. Reduction of Tax Evasion: By separating the tax amount at the time of the transaction, the government aims to minimize the possibility of tax evasion, ensuring that the taxes due are effectively paid.
  2. Increased Collection Efficiency: With the tax being paid directly to the government, the collection process becomes more efficient and transparent, reducing bureaucracy and the costs associated with tax collection.
  3. Simplification of the Tax System: Split payment also aims to simplify the tax system, eliminating the need for complex processes of tax calculation and collection by businesses.

Implementation of Split Payment Through Tax Reform

The tax reform proposes the implementation of split payment as a measure to modernize the country’s fiscal system. Brazil currently has one of the most complex and inefficient tax systems in the world, with a high tax burden and a multiplicity of taxes that make tax compliance a challenge for businesses.

The introduction of split payment aligns with the replacement of various indirect taxes by the IBS, which will apply to the consumption of goods and services. Split payment will be particularly important to ensure the correct collection of this new tax.

Advantages of Split Payment

One of the greatest advantages of split payment is the security it provides in tax collection. By ensuring that the tax due is separated and transferred directly to the government at the time of the transaction, the risk of tax delinquency is significantly reduced.

Split payment can also contribute to reducing informality in the economy. With a more efficient and transparent collection system, it becomes more difficult for businesses to operate outside of tax regulations, encouraging compliance and the formal registration of commercial activities.

For the government, split payment facilitates tax administration by reducing the need for extensive audits and inspections. With taxes being paid directly by the consumer at the time of purchase, the administrative burden on tax authorities is diminished.

Challenges and Criticisms of Split Payment

Despite the evident benefits, the implementation of split payment presents significant challenges that cannot be ignored. One of the main issues is the impact this system can have on the cash flow of businesses. With the tax being separated and sent directly to the government, businesses temporarily lose access to these funds, which can affect their liquidity and investment capacity. This will require more rigorous and efficient financial management to avoid cash flow problems.

Another challenge is the operational complexity involved in implementing split payment. This system requires robust technological infrastructure to ensure that tax amounts are correctly separated and transferred. Additionally, a strict control and monitoring system is necessary to prevent errors and fraud.

Another point of concern is the definition of the tax responsibility of financial intermediaries. In the split payment model, it is essential to clearly establish who is responsible for collecting and transferring taxes to avoid disputes and inefficiencies.

Finally, another topic that has attracted attention concerns the definition of a time frame for the return of possible tax credits. Complementary Bill (PLP) 68/24 provides for the return of these credits over long periods, which can be disadvantageous for businesses, especially in a more dynamic and efficient collection system.

Final Considerations

Split payment represents a significant change in the way taxes are collected in Brazil. Its goals of reducing tax evasion, increasing collection efficiency, and simplifying the tax system are ambitious and, if well implemented, can bring substantial benefits to the Brazilian economy.

However, the introduction of this system also presents considerable challenges that need to be carefully managed. The transition to split payment will require a coordinated effort between the government, businesses, and society to ensure that the expected benefits are achieved without causing unnecessary negative impacts.

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