- Tradeways ACE offers this service as a differentiator in the market.
SISCOSERV is the acronym used to designate the “integrated foreign trade system for intangible services and other operations that produce changes in equity.”
Established by Act 12,546, of December 2011, this system is managed jointly by the Ministry of Industry, Foreign Trade and Services (MDIC) and the Brazilian Federal Revenue Service (RFB).
According to MDIC, SISCOSERV was developed with the aim of improving the actions of stimulating, monitoring and measuring the public policies for the sector. Required records include data referring to the purchase and sale of:
- Services: Evidenced by the physical manifestation of one party providing services to another;
- Intangible assets: When the transfer or assignment of rights or intangible assets occurs;
- Other operations: movements that do not fall into previous categories, such as mixed operations of products and services, financial transactions, leases, franchising, and factoring.
- What should be recorded in this system?
The SISCOSERV system requires the registration of all transactions that characterize the purchase or sale of services, involving companies or individuals, residing or domiciled outside Brazil. This provision may take place in Brazil or abroad.
Accordingly, agents who provide the following operations are subject to this registration:
- Providing services and invoicing agents domiciled abroad;
- Contracting services invoiced by agents domiciled abroad;
- Transferring intangibles and invoicing agents domiciled abroad;
- Contracting intangibles that are invoiced by agents domiciled abroad;
- Contracting agents domiciled abroad, through brokers, invoiced by agents domiciled abroad, even if the brokers are domiciled in Brazil;
- Performing other operations provided in the NBS with agents domiciled abroad, invoicing or being invoiced by them.
Who is required to keep records?
The requirement to register import and export services in SISCOSERV applies to all natural persons and legal entities domiciled in Brazil, who are engaged in the sale of intangible services and other operations that produce variations in the equity of these natural persons and legal entities or depersonalized entities with agents residing or domiciled in the abroad – among which are the export and import services operations.
The legislation is specific about who should declare in SISCOSERV:
- Providers or recipients of the service residing or domiciled in Brazil;
- Natural persons or legal entities, residing or domiciled in Brazil, who make transfers or acquisitions of intangibles, through assignment, grand, licensing, or any other legal means. This block includes intellectual property rights;
- Natural persons or legal entities or persons responsible for depersonalized entities, residing or domiciled in Brazil, who perform other operations that produce changes in equity.
- Please contact us for more details.
Esta postagem também está disponível em: Portuguese (Brazil)
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