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REFORMA TRIBUTÁRIA: Entenda TUDO de Forma Simples! — Transcript

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0:02Hey everyone, this is Professor Hugo
0:04Moreira, and in this video, I will
0:06explain the most important points
0:07regarding the tax reform to you. And in
0:10a very simple way, I’m sure this is
0:12the best video on the topic you’ve
0:14ever seen here on YouTube. To start, I
0:17will provide context on how the tax
0:19reform was created. It was proposed by
0:22Congressman Baleia Rossi of the MDB
0:24back in 2019, based on studies by
0:26economist Bernard Appy, who is
0:28Brazilian. And what was the idea behind
0:31Bernard Appy's model? It is based on
0:34the VAT model, Value Added Tax, which
0:36is used in over 100 countries. But just
0:40like other reforms, such as labor and
0:43social security, to pass the tax reform
0:45, it had to go through the entire legal
0:47constitutional process. So, it is
0:50important for you to understand how the
0:52hierarchy of laws works here in Brazil.
0:56At the top is the Federal Constitution,
0:58and for the tax reform to be approved,
1:00there had to be a constitutional
1:02amendment, which is Constitutional
1:05Amendment 132 of 2023, where it had to
1:07be approved in both the Chamber of
1:09Deputies and the Federal Senate. After
1:14that, two supplementary laws were
1:16created. Law 214 of 2025, which
1:20establishes how the IBS, CBS, and IS
1:23function. I’ll explain what those are
1:26in just a moment. And also
1:28Supplementary Law 227 of 2026, which
1:31creates the IBS steering committee.
1:36Subsequently, the long-awaited Decree
1:392955 of 2026 was published, which deals
1:42with the CBS regulation, as well as the
1:46IBS steering committee resolution
1:486/2026, which will provide the IBS
1:51regulation. So, these are the main laws
1:56involving the tax reform. Following
2:00that, several joint acts, joint
2:02ordinances from the Federal Revenue
2:04Service, the steering committee, and
2:07technical notes were and will be
2:09published to further detail what is
2:11stipulated in the laws. And what is the
2:15big premise of the tax reform? Why was
2:17it created? Was it to reduce taxes? And
2:21folks, the answer is no. The main
2:25objective here is the simplification
2:26and control of taxes by the tax
2:28authorities. Oh, but will companies
2:32also have their tasks simplified? As a
2:35consequence, yes, but that is not the
2:37goal. The goal is to simplify and
2:40increase the effectiveness of tax
2:42enforcement by the government and,
2:44consequently, to increase tax
2:46collection as well. And to achieve this
2:50simplification, it is important for us
2:53to understand the term "dual VAT." I
2:55told you that VAT is used in over 100
2:58countries, but in Brazil, there was an
3:00adaptation. Why "dual VAT"? Because
3:03there are two main taxes, the IBS and
3:06the CBS, which are the great
3:08protagonists of the tax reform, with
3:11one of them being under federal
3:14jurisdiction, the CBS, and the other
3:16under state and municipal jurisdiction,
3:19the IBS. But, Hugo, how would you
3:23define the VAT? Well, VAT is a
3:26consumption-based tax model, in which
3:28the tax is applied to the value added
3:30at each stage of the economic chain.
3:33And it normally works through a debit
3:36and credit system. And which taxes were
3:40affected by the tax reform? Was it all
3:43of them? No, guys, it's important to
3:45mention that this is the consumption
3:47tax reform. So, the taxes affected were
3:51ICMS, ISS, PIS, COFINS, and also IPI.
3:57As for the other taxes, like income tax
3:59and the social contribution on net
4:01profit, they have no interference from
4:04the tax reform, meaning they stay just
4:06as they were. And here we have ICMS and
4:10ISS giving way to the IBS, under state
4:13and municipal jurisdiction. PIS/COFINS
4:16give way to the CBS, under federal
4:19jurisdiction, and the IPI gives way to
4:22the selective tax. However, this
4:26asterisk means that it will be applied
4:28in some cases, so most companies will
4:31not pay the selective tax, they will
4:34only pay IBS and CBS. And here I will
4:38give you an example of how VAT works in
4:40practice. We have the manufacturing
4:43industry here, which is Souza Cruz. It
4:47creates a product and sells this
4:48product for R $ 1,000. The tax rate for
4:51IBS and CBS, the two combined, will be
4:54around 30%, right? So 30%of 1,000 is R
4:58$ 300. So Souza Cruz will pay R $ 300
5:03as IBS and CBS, okay? Then it will sell
5:07to the wholesaler. In my example, it's
5:10Açaí. Açaí bought it for 1,000 and
5:13will sell it for 1,200. So there is a
5:1520%margin, right? The IBS/CBS tax that
5:19Açaí will pay is 30%. Everyone will
5:23pay 30%, okay? And so, 30%of 1,200 is
5:28360. But do you remember that Souza
5:32Cruz had already paid R $ 300? Exactly.
5:36So it will, Açaí will appropriate
5:38those R $ 300 and will pay only the
5:40difference, in this case, R $ 60.
5:44Subsequently, Açaí will sell it to
5:46Vila's grocery store, which is the
5:48retailer. It will sell, it will sell
5:51this product for 1,500. Bought for 1200
5:54and will sell for 1500. A margin of 25%
5:56. And then it will pay 30%in IBS and
6:00CBS. 30%of 1500 gives 450. But remember
6:05that 360 had already been paid in other
6:08parts of the supply chain, so it will
6:11pay 90 in IBS and CBS. So here I have a
6:17summary of how much each entity added
6:19in the production stage. So the
6:22industry added a value of 1,000 and
6:25paid 300 in tax. The wholesaler added
6:29200 and paid 60 in tax. Meanwhile, the
6:33retailer added 300 and paid 90 in tax.
6:37That is how the VAT works. But you must
6:41be wondering, wasn't it already like
6:42this? So, regarding PIS and COFINS, we
6:46had two types of regimes. The
6:50cumulative regime, where you couldn't
6:52take credit for purchases, and the
6:54non-cumulative regime, where you could
6:57take credit for purchases. Usually,
7:02right, cumulative regime for presumed
7:03profit companies, non-cumulative regime
7:05for actual profit companies. But the
7:09big issue is that the actual profit
7:11companies, which already had this
7:12non-cumulativity, only took credits for
7:14purchases permitted by law. That is,
7:19not all purchases allowed for credit
7:21utilization. As for the ICMS, the ICMS
7:26also works this way, but likewise, you
7:29cannot take all ICMS credits. For
7:32example, when you have a purchase for
7:34consumption, you don't take ICMS credit
7:36. So, there was no full
7:40non-cumulativity. Now, with IBS and CBS
7:45, we have full non-cumulativity.
7:49Memorize this phrase: full
7:50non-cumulativity. In other words,
7:53generally speaking, the company will
7:55take all credits from purchases, except
7:57those with legal exceptions. There are
8:00very few legal exceptions, for example,
8:03the partner's personal expenses. But
8:07excluding these rare exceptions,
8:09everything you buy, you can take credit
8:11for with IBS and CBS, not just what was
8:14permitted by law, as it was with PIS/
8:16COFINS and ICMS. So I ask you, are you
8:21enjoying this class? I am sure you are.
8:24So what am I going to ask you? To
8:25subscribe here to my channel, leave a
8:28like, and become a member of the
8:31channel. Why? Because that way you will
8:33help me make more videos like this one.
8:36And I also have specific classes and
8:38courses for those who become members
8:41for only 99 cents, folks. And if you'd
8:45like, you can also click on the "thanks
8:47" button, contributing any amount to me
8:49, and I would be very grateful. Now,
8:52continuing the lesson, another
8:54important point of the tax reform is
8:56the creation of the so-called split
8:57payment. And I would say this is one of
9:00the most controversial points. What is
9:02split? Split is division, right?
9:05Payment is payment. So it is the
9:06division of the payment. So how is it
9:09today, before the tax reform? A company
9:12sells its goods and services, it
9:14receives the full amount of the sale,
9:16and only pays the tax the following
9:18month, usually on the 20th of the
9:19following month. Okay? And how will it
9:23be with the tax reform? The company
9:26sells its goods. Then the financial
9:29institution, which will likely be a
9:31bank, will separate the tax amount and
9:32immediately forward it to the tax
9:33authorities. And the company receives
9:36only the net value of the operation. "
9:39Oh, Hugo, I didn't understand." Then
9:40follow along with me. Before the tax
9:42reform, I sold R $ 1,000. The company
9:45receives the 1,000 it sold, 30%of 1,000
9:49, I'm assuming this is the tax. It will
9:52pay in the following month, usually on
9:54the 20th of the following month. So,
9:57until it pays this tax the following
9:59month, those 300 are in the company's
10:01cash. The company can use it to operate
10:03, to invest, to do whatever it wants.
10:06With split payment, what will happen?
10:08The company sells R $ 1,000, the tax is
10:1030%, right? And then this tax will be
10:13deducted right away, it will be
10:14withheld on the spot, so the company
10:16only receives R $ 700. So these R $ 300
10:19in taxes do not pass through the
10:22company's cash, which will cause a
10:24major impact on the company. In what
10:27sense? Regarding cash flow. Why?
10:31Because the company is used to using
10:32the tax amount that it will pay on the
10:3420th of the following month to operate.
10:37Now no, it will no longer have this
10:39money. So consequently, it will have to
10:41find other ways, it will have to take
10:43out loans for working capital, meaning
10:45expenses will increase, financial
10:47expenses, it will have to pass this on
10:48to its cost, which it will have to pass
10:50on to the consumer; in short, it will
10:52be a domino effect. But I'll clarify
10:55that this won't be, it won't start for
10:58all companies, okay? And it will be in
11:00a very gradual way. For example,
11:02companies under the "Simples" tax
11:03regime don't have an expectation of
11:05this happening yet, okay? Another
11:07important point brought by the tax
11:09reform concerns the calculation of
11:12taxes. Because how did we calculate
11:14taxes before the tax reform? The
11:16company sells its goods and services
11:18and issues an invoice, a mandatory
11:20document, which is the electronic
11:22invoice. And then, the company's
11:24accounting department calculates the
11:26taxes. So, often they have to submit
11:30obligations, for example, SPED for PIS/
11:34COFINS, SPED for ICMS, IPI, to
11:36calculate these taxes. But the detail
11:40is that these companies can make manual
11:42adjustments. So, in the SPED itself, we
11:45can make manual adjustments to increase
11:48or decrease the tax amount, okay? That,
11:52that is possible. How will it be with
11:54the tax reform? The company sells goods
11:57and services and issues an invoice; in
11:59other words, this part remains the same
12:01, but the invoice will be the main
12:03protagonist in tax assessment. We will
12:07no longer have ancillary obligations
12:09that impact this assessment. No. The
12:12invoice itself, based on the
12:14information it contains, will already
12:17tell the tax authority how much the
12:20company has to pay or the credit it has
12:23to receive, so we will indeed see the
12:26end of these ancillary obligations for
12:29calculating these taxes. And this,
12:32folks, has a name; keep another
12:34important term from the tax reform in
12:36mind: assisted assessment. Why assisted
12:38assessment? If today the company does
12:42its own assessment, with the tax reform
12:44, it doesn't; it issues the invoices,
12:47and with the information from those
12:49invoices, the tax calculation is
12:51already there, ready. And how will it
12:55work? So here, I will give you an
12:57example. In the month of March 2027, it
13:00will be in the tax authority's database
13:02that the company sold 100,000 reais. So
13:05the total of invoices issued was
13:07100,000 reais. 30%of 100,000 is 30,000
13:11reais. I am using 30%as the total rate
13:15for IBS plus CBS, okay? And then, in
13:20that same month, this same company
13:22bought 60,000 reais in invoices. 30%of
13:2660,000 is 18,000. So it has an IBS
13:30credit of 18,000. So it will already
13:33show a balance to pay of 12,000 reais.
13:36For those in HR, it will be even easier
13:39to understand because eSocial was a
13:41revolution that brought the same idea.
13:45So today, we already have the DCTF Web
13:48for tax payments, and it is fed by
13:51eSocial and REINF, in a way that we
13:53cannot edit. Right? So, the credits and
13:57debits already come from eSocial and
13:59Reinf. It will be the same thing here
14:02with the tax part. And for this
14:06assisted assessment to happen in the
14:09best way possible, other fields and
14:12codes were created that must appear on
14:14the invoices. And a very important one
14:18is the famous "Clas Trib," the tax
14:21classification code, which is a
14:22complement to the CST. So, the CST is a
14:27three-digit classification that will
14:30highlight whether the merchandise will
14:32be fully taxed, if it is exempt, or if
14:34it has some type of tax base reduction,
14:37right? Things of that nature. The Clas
14:41Trib will act as this complement. And
14:44so, if you type "portal DFE" into
14:47Google and go here to "conformidade
14:50fácil," scrolling down, you will see
14:53the tax classification table. And it
14:57will be easier for you to visualize
14:59this here. Here we have the CST. If you
15:02click, it will bring up the Clas Trib,
15:05for example, 001. 002. And then it will
15:11bring up the articles and situations
15:13that fit. The government also released
15:17Excel tables like this one, where you
15:20can filter by CST and then see the Clas
15:23Trib, okay? It's a way to visualize it
15:28more easily. However, folks, I think in
15:32practice, how are we going to identify
15:34the Clas Trib of a product or our
15:36merchandise? Usually, the company will
15:40have a consulting firm where you enter
15:43the product's NCM and you can already
15:45find out what the Clas Trib is, okay?
15:49These consulting firms are paid, but on
15:51the internet itself, you have free
15:54sites to do this. Look at this one, for
15:55example. MVA. Then I enter the NCM here
15:59, check that I'm not a robot, and click
16:02here to consult. So here my product was
16:08textbooks. It says here, see: CST 410,
16:12which is for exemption. And it says
16:15here, the description of the Clas Trib
16:17would be this one, 41008, supply of
16:21books, newspapers, periodicals, paper,
16:23and so on. It gives a second result
16:27here which is the most common Clas Trib
16:29, right, which is fully taxed without
16:30any type of benefit. Of course, you
16:33will have to refine this search, but
16:35this already gives you an interesting
16:37guide. So, in this very spreadsheet
16:41released by the government, you can see
16:43this information, and it really helps
16:45you to choose. So, just a reminder, how
16:49we had it before, CST 410, for example,
16:51indicates immunity and non-incidence.
16:54But what is the law that allows this
16:57immunity or non-incidence, right? It
17:00remained vague. Not anymore. Now, in my
17:03example here, I already know that for
17:06Tax Class 41008 it is why? Because it
17:11is due to the supply of books,
17:13newspapers, periodicals, and paper
17:14intended for their printing. And here
17:17in the complementary law is the reason,
17:19see, article 9. The supply of books,
17:22newspapers, periodicals, and paper
17:25intended for their printing are also
17:27immune to IBS and CBS. So you see that
17:30it complements something that was
17:31previously vague, okay? Immune, okay?
17:34But why is it immune? Here you already
17:35stated, look, it's immune because of
17:37this, okay? In this code, alright?
17:40Another novelty brought by the tax
17:42reform was the creation of debit and
17:44credit notes. Remember the following,
17:46now we will no longer be able to edit
17:49SPED. So, before we were used to
17:51editing SPED, including benefits,
17:53removing some type of value. Not
17:56anymore. Now everything is through an
17:58invoice. And so, if you need to make
18:02any adjustment according to some
18:04operation that I will mention now, in
18:06your assessment, you will have to issue
18:09a debit and credit note. What is a
18:12debit note? It is a tax document that
18:15formalizes an adjustment to increase
18:17the IBS and CBS debit. And a credit
18:21note is a tax document that formalizes
18:23an adjustment to reduce the IBS and CBS
18:26debit. And if the company does not have
18:29any of these adjustments to make, it
18:30will not issue a debit or credit note.
18:32In other words, will debit and credit
18:34notes be for everyone? No. But let's
18:36look at an example here. So, the
18:38company issued a sales invoice in the
18:40amount of R $ 1,000, right? It
18:42highlighted 30%of IBS and CBS, which
18:44came to R $ 300, and the total value of
18:47the invoice was R $ 1,300. Remembering
18:50that the IBS and CBS are calculated on
18:53top, just like IPI, just like ICMS tax
18:55substitution, so there is no internal
18:58calculation. So on the invoice, it will
19:01be 1000 for the product, 300 for IBS
19:03and CBS. But the customer of this
19:07company delayed the payment. So, how it
19:11was before the tax reform, the interest
19:13and fine charged for late payment, the
19:15supplying company does not pay tax on
19:17that, right? Now with the tax reform,
19:21it will pay, okay? So, for example, the
19:24product value is 1,000, right? 2%
19:27interest and penalty for the delay, 20.
19:30Now, the IBS/CBS value is 300. 2%
19:32penalty on IBS/CBS is 6. In other words
19:37, the interest and penalty rate also
19:39applies to IBS and CBS, right? So the
19:43value of the product that was 1,000
19:45actually became 1,020. The value of the
19:49IBS/CBS that was 300 became 306, right?
19:54But in the tax assessment information,
19:56the company only has this 300 sale
19:58invoice for IBS/CBS, yet it has to pay
20:006 more. So what will it do in this case
20:03? It will issue a debit note, where in
20:07this debit note it will link to the
20:09original invoice, right, to highlight
20:12this 6 increase in IBS. So in the
20:16assisted assessment, there will be this
20:18300 invoice plus this supplementary
20:20debit note, right, of 6. And then it
20:23will be the 306 for the company to
20:24collect. Notice that in my example, I
20:28gave an example of a debit note that
20:30increases the IBS/CBS tax to be paid.
20:34But there are also credit notes, for
20:37example, when the supplier grants a
20:39price reduction later on. So the
20:42company sold the invoice for 1,000,
20:44then it said: "I will give a discount",
20:47so it will actually be 900, right? But
20:50the IBS/CBS that had been highlighted
20:52on the invoice referred to 1,000, and
20:55now it is for 900. So it issues a
20:57credit note making this adjustment to
21:00decrease the tax to be paid.
21:02Remembering that every time you issue a
21:05debit or credit note, it will have an
21:07impact on the other party, right? On
21:10the supplier or the customer. So either
21:12the supplier issues it or the customer
21:15issues it, okay? And it will impact
21:17both. It's like the Reinf system, folks
21:19. Those who are used to Reinf already
21:21know how it is. Another important point
21:25brought here by the tax reform is that
21:27Simples companies will be able to opt
21:29for the regular IBS and CBS regime. So,
21:34the Simples company has the power, it
21:37has the option to choose. Of course,
21:40very few Simples companies will choose
21:43to pay IBS/CBS under the regular regime
21:45. Only if they have many purchases to
21:48leverage those credits; otherwise, it
21:50will hardly be advantageous. Or unless
21:54your supplier, or rather your customer,
21:57demands that the Simples company
21:59highlight the use of IBS/CBS. Otherwise
22:03, no. So, companies in the Simples
22:07system will make this choice twice a
22:09year, right? In September to pay under
22:13the regular regime regarding January to
22:15June of the following year, and in
22:18March to pay for July to December of
22:20the same year, sorry, not the following
22:23year, the same year, okay? And here I
22:28bring you a summary. So, if the company
22:32continues with the Simples treatment,
22:35the IBS/CBS is included in the DAS, and
22:37the company does not claim credits, nor
22:40does it allow its customers to use
22:42those credits. If it opts for the
22:46regular regime, it calculates IBS/CBS
22:48separately as if it were a company
22:50under the actual or presumed profit
22:51regime, okay? And then it will be able
22:54to claim and use the credits. Now, just
22:57imagine a company that sells B2C, right
23:00? It sells to the final consumer; it
23:03won't be claiming credits, will it?
23:07Another important point here related to
23:09the tax reform was the creation of the
23:11alphanumeric CNPJ. Why? Many operations
23:14that previously did not require an
23:16invoice will now have to have one,
23:18because everything will revolve around
23:20the invoice. So, if a person sells an
23:23apartment, depending on the case, they
23:24will have to issue an invoice. It will
23:27be like this: depending on the amount
23:29of furniture a person rents in a year,
23:32or the amount of furniture a person
23:34sells in a year, they will need this
23:36CNPJ registration and will have to pay
23:38IBS and CBS. In other words, the number
23:42of people who will need to have a CNPJ
23:44will increase significantly. That is
23:46why the alphanumeric CNPJ was created,
23:49to allow for this huge increase. To
23:53finish, another important point is the
23:55creation of the so-called "
23:57nano-entrepreneur," okay? And what is
23:59that? It is an individual who has gross
24:02revenue below 50%of the annual MEI
24:04limit and who is not a MEI registrant.
24:09So, if a MEI earns 81,000 per year, a
24:11nano-entrepreneur can earn 40,500 per
24:14year. And what is the advantage?
24:16Because the nano-entrepreneur does not
24:18pay IBS and CBS. However, pay attention
24:22, they are exempt from IBS and CBS, but
24:26they are not exempt from income tax and
24:29social security (INSS), okay? And they
24:31have to pay social security. And that
24:34is why I think the nano-entrepreneur
24:36status won't be very...it won't be very
24:39worthwhile. If a person can open a MEI,
24:42if the activity they perform is allowed
24:43under MEI, it is much better for them
24:45to be a MEI than a nano-entrepreneur.
24:47That is what I think. And there will
24:49also be differentiated treatment for
24:51app-based drivers. In that case, it
24:53might be a little more worthwhile. Guys
24:56, so that’s it, we’ve finished this
24:58class. Once again, please leave a like,
25:01become a member, or leave a tip, okay?
25:05Thank you so much, a big hug and see
25:07you next time. M.

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