The novelty brought by Law No. 14,871 of May 28, 2024, is the possibility of fully realizing tax depreciation in just 2 years on certain fixed assets, when calculating income taxes (IRPJ and CSLL), without affecting the book value of the assets and their depreciation on the accounting result, nor the calculation of PIS and Cofins credits.
By Marcio Costa, Faimon Coutinho and Bruna Costa
In general, the loss of value of fixed assets, over time, is recorded as a cost or expense in the companies' income statement, within 25 years at the rates established for each type of asset, and as a result, the basis for calculating income taxes (IRPJ and CSLL) under the Real Profit regime decreases.
Therefore, reducing the period to 2 years is a momentary advantage for companies that are able to adopt the tax benefit. In the future, when accounting depreciation is added to the calculation of these income taxes, the companies that have a tax loss registered on side B of LALUR will be authorized to use it to compensate for such future additions, in addition to the limit of 30% of the calculated Real Profit.
The main rules are:
- The tax benefit depends on the issuance of a regulatory decree that will stipulate formal requirements, such as how to carry out compulsory driver's license with the Executive Branch (Ministry of Development, Industry, Commerce and Services - MDIC - will be responsible for carrying out the analyses and managing the tax waiver budget);
- It is limited to new operating assets that become part of fixed assets, such as machines, equipment, appliances and instruments;
- Acquired starting from a date to be defined in a regulatory decree (not yet published) and until December 31, 2025;
- A Tax depreciation in 2 years, 50% must be registered in the year in which it is put into use, regardless of the month in which the use began, and the remaining 50% in the following year;
- Authorized amount of R$ 1.7 billion as the total tax waiver limit in 2024, so the The government may refuse new licenses when the amount is reached, unless supplementation is made that may be authorized in the 2025 budget law.
Some fixed assets cannot be included, such as:
- Buildings, land and forest projects intended for the exploitation of the respective fruits;
- Assets that are normally valued over time, such as works of art or antiques; and
- Assets for which an exhaust quota is registered.
Contact TATICCA — ALLINIAL GLOBAL, which provides integrated auditing, accounting, tax, corporate finance, financial advisory, risk advisory, technology, business consulting and training services. For more information, visit www.taticca.com.br or email taticca@taticca.com.br. Our company has professionals with extensive experience in the market and has certified methodologies for carrying out activities.
