BEM LAW - LAW No. 11.196/2005
Good Law - Law No. 11.196/2005
The main objectives of this project and our clients is to allow our clients to take advantage of the most favorable characteristics of the incentive in order to monetize their RD&I projects and to minimize the respective tax burden.
Our intervention is based on the following supports:
✓ Legal: Lei do Bem (Law No. 11,196 of November 28, 2005),
✓ Regulatory: Normative Instruction RFB No. 1,187 of August 29, 2011,
✓ Conceptual and methodological: Frascati Manual (world reference work on R&D, edited by the OECD).
General lines Lei do Bem – Law nº 11.196/2005:
a) ADDITIONAL exclusion, in determining the actual profit for calculating the IRPJ and the CSLL calculation base, of the amount corresponding to between 60% and 80% of the sum of expenditures made with R&D (exclusively Actual Profit);
b) Immediate depreciation / amortization of tangible / intangible assets acquired for R&D (exclusive financial benefit Lucro Real);
c) IPI reduction of 50% on the purchase of equipment (domestic or imported) for R&D (Real Profit + Presumed Profit);
What is Innovation?
One of the main challenges of using the Lei do Bem is the correct classification and identification of eligible expenses / investments. Therefore, our legislation and the MCTIC opted for the adoption of the concepts defined in the Frascati Manual.
Thus, it is worth emphasizing that the benefits of the Lei do Bem aim to stimulate the phase of greater uncertainty regarding the obtaining of economic and financial results by companies in the process of creating and testing new products, processes or their improvement (technological risk) and, therefore, ;
Technological innovation is the conception of a new product or manufacturing process,as well as the addition of new functionalities or characteristics to the product or process that implies incremental improvements and effective gains in quality or productivity, resulting in greater competitiveness in the market;
“Innovation” refers to a new (or substantially improved) product and/or process for the company, not necessarily new for the market in which it operates;