
Selective Tax and differentiated regimes in Tax Reform: risks, exceptions and how to prepare
The Selective Tax targets harmful products. Differentiated regimes benefit strategic sectors. Understand how these mechanisms work.
The Selective Tax (IS) is an additional federal tax applied ON TOP of CBS and IBS for products harmful to health or environment. Affected businesses will face significantly higher total tax burden.
What is the Selective Tax?
Also called "sin tax", the Selective Tax (IS) is an additional federal tax on products and services harmful to health or the environment. It aims to discourage consumption and generate revenue for healthcare and environmental policies.
Products Subject to IS
- Alcoholic beverages
- Tobacco and cigarettes
- Sugary drinks
- Vehicles (depending on engine/emissions)
- Extraction of non-renewable resources (mining)
- Other products to be defined by complementary law
IS Characteristics
Extrafiscal
Goal is behavior change, not just revenue generation.
Non-Cumulative
Follows same non-cumulative logic as CBS/IBS (with credits).
Variable Rates
Different rates by product category and harm level.
Progressive Implementation
Gradual rollout alongside general reform timeline.
Differentiated Regimes (Reduced Rates)
To avoid excessive burden on essential sectors, the reform includes reduced CBS/IBS rates for:
Healthcare
60% reduction (effective rate ~10.6% instead of 26.5%): medicines, medical devices, health services.
Education
60% reduction: educational services, courses, training.
Public Transport
40-60% reduction: urban and interstate collective transport.
Culture and Sports
40-60% reduction: artistic, cultural and sports activities.
National Basic Basket
Zero rate: Essential food products for low-income population.
Practical Impacts
For IS-Subject Companies
- Higher total tax burden: CBS + IBS + IS
- Product reformulation incentive: Lower sugar, smaller engines, greener alternatives
- Competitive repositioning: Companies that adapt faster gain market share
For Reduced-Rate Beneficiaries
- Significant competitive advantage: Lower costs than sectors at standard rate
- Product classification critical: Ensuring all eligible products/services are correctly classified
- Documentation: Proper records to justify reduced rate application
Conclusion
Selective Tax and differentiated regimes add complexity but also strategic opportunities. Companies that understand and adapt to these mechanisms early will have clear competitive advantages.
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Guilherme Pagotto
Diretor Tributário
Accountant and Lawyer, specialist in Strategic Tax Planning at OSP. Over 30 years of experience in tax optimization and asset protection.
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