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The cost of all telecommunications services to the customer
includes a variety of taxes. The principal tax is a state
value-added tax, the Imposto sobre Circulação
de Mercadorias e Serviços, or the ICMS, which the Brazilian
states impose at varying rates on revenues from the provision
of domestic and international telecommunications services.
Currently, in Rio de Janeiro State, the ICMS rate on domestic
telecommunications services is 25%. As described above, this
rate could vary from state to state. In September 1996, Complementary
Law No. 87, which called for the abolishment of ICMS for outbound
international calls, was enacted. Based on an official interpretation
of this law, the operating subsidiaries of Telebrás
were instructed in November 1996 to stop collecting ICMS on
outbound international telecommunications.
Contrary to these instructions, some state tax agencies have
assessed local fixed-line operators for collection of ICMS
on international calls, including those companies for which
the operators provided billing services. These billing arrangements
ended as of December 31, 1999. From January 2000, we began
directly collecting ICMS at a rate applicable to each state,
on international telecommunications, as a precautionary measure
in order to avoid other assessments.
It is important to comment that it is unlikely to predict
the outcome of the judicial decisions regarding interpretation
of Complementary Law No. 87 of September 1996. Notwithstanding,
management tax advisors realize that there are strong arguments
favorable to the Company position. See note 18 to our consolidated
financial statements.
In 2000, Complementary Law No. 102 was enacted. Such Complementary
Law provides that the ICMS tax levied upon fixed assets could
be used as an ICMS tax credit, divided in 48 installments
and no longer in a single tax credit entry. Therefore, management
realized that the ICMS tax burden will increase for the year
2001.
Other charges on revenues include two federal social contributions,
which are:
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·
Programa de Integração Social - PIS; and
· Contribuição para Financiamento
da Seguridade Social - COFINS. |
Such charges had been imposed at a combined rate of 3.65%
on total revenues commencing on February 1, 1999. Prior to
Law 9.718, the combined rate of both taxes was 2.65%. We are
still challenging Law No. 9.718/98, which mandates that: (1)
taxable revenues for purposes of PIS and COFINS include financial
revenues and exchange rate variations; and (2) the applicable
rate of 0.65% and 2.00% respectively. We are making judicial
deposits for an amount equal to the financial revenues and
exchange rate variations levied at a rate of 3.65% as well
as for the 1% rate of COFINS due for the telecommunication
services provided.
We intend to continue this practice pending the court's decision.
PIS and COFINS have been imposed at a combined rate of 3.65%
on total revenues since February 1, 1999. Prior to this date,
the combined rate of both taxes was 2.65%.
Regarding income tax levied upon inbound international call,
we currently pay income tax on income from inbound international
calls as a precautionary measure, pending a judicial decision
on this matter. See note 18 in our consolidated financial
statements.
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