On November 1, 2022, the Brazilian Federal Revenue Service published Normative Instruction RFB No. 2.114/2022 to regulate the matter and, at the end of 2022, Ordinance No. 11.266 published on January 02, 2023, which restricted the operational classification codes (“CNAE”) covered by the Program.
PERSE guarantees a 0% rate of IRPJ, CSLL, PIS/PASEP and COFINS on revenues and results of economic activities in the events sector until February 2027.
The tax benefit is applicable exclusively to revenues and results arising from the economic activities listed in Annexes I and II of Ordinance ME No. 7.163/2021 and which are related to:
I. holding or marketing of congresses, fairs, sporting, social, promotional or cultural events, business fairs, shows, parties, festivals, symposiums or shows in general, event venues, social and children's buffets, nightclubs and entertainment venues;
II. hotels in general;
III. administration of movie theaters; and
IV. provision of tourist services.
Despite administrative limitations, court decisions are being made to expand access to PERSE benefits for companies that carry out activities related to those listed in ME Ordinance No. 7.163/2021, and which were impacted by the COVID-19 pandemic.
In this sense, our recommendation is to evaluate the possibility of adopting appropriate legal measures to guarantee the right to the Program's tax benefits.
