Keywords: Consumer Protection Code, tax invoices, applicable taxes

On December 10th, 2012, Law No. 12741 was published in the Official Gazette. The Law amended item IV of article 106 of the Consumer Protection Code, to determine that the amount of federal, state and municipal taxes levied on the sale of goods or services is to be specified in tax invoices or equivalent documents issued by the seller.

The percentage of taxes paid for each product or service sold must be individually disclosed. However, in cases where it is not possible to specify the amount of applicable taxes on the invoice, this information shall be visibly diplayed at the company's offices.

The taxes that must be disclosed in the invoices are: ICMS (tax on distribution of goods and services), ISS (tax on services), IPI (tax on industrial products), IOF (financial transaction tax), PIS/ PASEP (contribution to the social integration plan), COFINS (social contribution on revenues) and CIDE (contribution for intervention in the economic domain). In the event of using imported inputs or components in the production of goods to be sold, which represent more than 20% of the selling price of the final product, the amount of Import Tax, PIS/PASEP-Importation and COFINS-Importation must also be set out in the invoice. When II (import tax) and IPI are applicable to a given product, all the suppliers in the production chain have to inform the relevant buyers of the amount paid for each tax per item sold.

Additionally, when the payment of personnel represents a direct cost of the service or product being sold, the applicable social security contribution must also be disclosed, to the extent that such cost is allocated to the service or product.

The changes introduced by the new wording of the Consumer Protection Code will came into force in May, 2013, six months after publication.

Originally published on December 13, 2012

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This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.