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ARTICLE · 17 DECEMBER 2015

Service Tax In Brazil

Brazil currently has 5,570 municipalities spread out over 27 federated units, including the Federal District.

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Brazil currently has 5,570 municipalities spread out over 27 federated units, including the Federal District. And article 156, item III, of the Federal Constitution provides that such municipalities have taxing powers to implement a levy on services. See the excerpt below:

"Art. 156. The Municipalities have the power to implement levies on:

(...)

III - services of any nature not listed in art. 155, item II, defined in supplementary law.

(...)

In this context, following the constitutional text, the municipalities - and the Federal District - may implement and collect a tax on an activity comprised of features that qualify such activity as a service, provided that service is not taxable by ICMS (i.e. interstate and intercity transport service and communication service) and is also mentioned in a supplementary law.

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