The Implementation of BEPS in Brazil: Achievements and Challenges

Abstract

In October 2015, the OECD approved the BEPS comprising 15 different actions in international taxation, seeking to combat the erosion of the tax base and the transfer of taxable profits. However, almost three years have elapsed, and there is still a long way for us to have an uniform and universal taxation instrument.  In this article, after the exposition of the main foundations of the BEPS package, the effects of its proposed actions will be reviewed, particularly the impacts caused in the Brazilian tax system. Methodologically, through the analysis of the recent modifications in Brazilian tax legislation, it will be reviewed the main achievements in this theme. The OECD strategy has been reinforcing the fight against aggressive tax planning, and has sought to promote this through multilateral instruments, which offer a new standard of international taxation. However, the differentiated treatment of some countries, where Brazil is included, has fueled a fragmentation of the BEPS that can create opportunities for other types of international tax planning, compromising the effectiveness of the BEPS.