International Tax Newsletter - March 2026

New CSLL Rates Applicable to Different Types of Legal Entities

On March 20, Normative Instruction FRS No. 2.315/2026 was published, which has as its main objective the update of Art. 30-D of RR FRS No. 1.700/2017, adjusting the CSLL rates applicable to different types of legal entities. The new rules will take effect as of April 1, 2026, and mainly affect financial institutions, capital market entities, and payment institutions.

In the redemption of Art. 30-D of RR No. 1,700, the rates will vary according to the taxpayer's profile. Financial institutions such as private insurers, real estate credit companies, and real estate brokerage firms will pay CSLL at a rate of 15%. For banks of any kind, CSLL will be charged at a rate of 20%.
For payment institutions, regulated by Law No. 12.865/2013, as well as for stock exchanges, the regulation provides a phased model. The rate will be 12% between April 1, 2026, and December 31, 2027, rising to 15% from January 1, 2028.

Attention should be given to the sole paragraph of Art. 30-D, which authorizes the Federal Revenue Service to regulate the applicable rate for entities that may be classified as financial institutions by the National Monetary Council (NMC), due to the nature of their operations.

Maritime Imports May Have Customs Clearance Even Without AEO Certification

Siscomex Notice No. 018/2026, published on March 15, addresses an operational change in imports registered through the Single Import Declaration (Duimp) in the maritime mode, whereby these imports may be eligible for customs clearance before the vessel's docking, also applying to importers who do not have Authorized Economic Operator (AEO) certification.

This customs clearance system applies to Duimps of the maritime modality throughout the national territory, except for customs units in São Paulo, where in these ports the possibility of clearance will be implemented later, after the disconnection of the Import Declaration (DI) of the maritime modality. For AEO operators, the disclosure of the inspection channel and customs clearance will continue to occur immediately after the Duimp is registered, while for non-AEO holders, the disclosure of the inspection channel will occur after the risk analysis period has elapsed.

Changes in the rules for refund, offset, reimbursement, and repayment of Federal Taxes.

FRS Normative Instruction No. 2.314, published on March 19, introduces significant changes to the rules concerning refund, compensation, repayment, and reimbursement of federal taxes within the scope of the Special Secretariat of the Federal Revenue of Brazil. The regulation amends provisions of Normative Instruction FRS No. 2.055/2021, updating procedures and incorporating recent legislative changes, especially those introduced by Complementary Law No. 216/2025. 

The main objective of the Instruction is to adapt the Federal Revenue's subordinate regulation to the new export incentive policies and adjustments in the tax compensation system. Through this, the Revenue seeks to strengthen control over the use of tax credits, while ensuring the correct implementation of programs such as Reintegra and the Acredita Exportação Program.

One of the central points for this goal is the amendment of Art. 58 of NI FRS 2.055/2021, emphasizing that only exports for which customs clearance has been carried out through the Single Export Declaration (DU-E) will give rise to the right to the Reintegra credit. Another criterion, regarding the calculation of credit in the Acredita Exportação Program, created by Complementary Law No. 216/2025, was the encouragement of the participation of micro and small businesses in foreign trade, including companies that are Simples Nacional optants and even non-optants, provided they had gross revenue in the previous calendar year within the limits set forth in LC No. 123/2006.

For companies that are not optants of Simples, the request for reimbursement or the declaration of compensation will only be accepted by the Federal Revenue after the confirmation of the submission of the Fiscal Accounting Bookkeeping (FAB) for the previous fiscal year. Another relevant aspect of NI No. 2.314/2026 lies in the tightening of the cases in which tax compensation will not be allowed. The regulation expands the list of restrictive situations, including, among others: credits that do not relate to taxes administered by the Federal Revenue Service, and credits with no connection to the taxpayer's economic activity.

Broad Restructuring of the OEA Program

The Normative Instruction FRS No. 2.318/2026, published on March 27, 2026, promotes a broad restructuring of the Brazilian Authorized Economic Operator Program (AEO Program), consolidating and modernizing the rules applicable to foreign trade participants in Brazil. The new regulation repeals previous rules and aligns the program with international best practices, the WTO Trade Facilitation Agreement, and the newly enacted Complementary Law No. 225, of January 8, 2026.

The main innovation of NI No. 2.318/2026 is the restructuring of the AEO-Compliance (AEO-C) modality, which is now organized into three levels: AEO-C Essential, aimed exclusively at export trading companies, with a simplified entry procedure; AEO-C Qualified, corresponding to the traditional AEO-C model; and AEO-C Reference, intended for operators with the highest level of maturity and compliance, requiring, in addition to AEO certification, adherence to the “Trust Program” or an A+ rating in the Tuning Program. The normative instruction preserves already established benefits and creates additional advantages proportional to the operator's level of compliance, such as, for example, the payment of import taxes up to the 20th day of the following month for AEO-C Reference operators.

Normative Instruction came into effect on the date of its publication, allowing the immediate enjoyment of various benefits. However, the applications for the new AEO‑C Essential and AEO‑C Reference modalities may be formalized from April 15, 2026, due to the need for technological adjustments in the AEO System.

Brazil and Japan: IDA of the Special Tax on Defense Corporations

The Interpretative Declaratory Act (IDA) FRS No. 4, published on March 20, addresses the classification of the Japanese tax called Special Corporation Tax for Defence as a tax covered by the Convention between Brazil and Japan to avoid double taxation of income, promulgated by Decree No. 61.899/1967. The Federal Revenue expressly declares that this tax must be considered a tax covered by the Convention, for all its effects, preventing divergent interpretations by taxpayers and by the Brazilian tax administration itself.

The Declaratory Act establishes that the classification of the Special Corporation Tax for Defence as a tax covered by the Convention takes effect from April 1, 2026, and from that date, the tax must be considered in analyses of international taxation involving income between Brazil and Japan.