The Tax Reform, established by Constitutional Amendment No. 132/2023 (“EC 132”), represents one of the most significant changes to the Brazilian tax system in recent decades. Among its core pillars is the Principle of Neutrality, whose purpose is to ensure that taxation does not interfere with the economic decisions of companies and consumers.
This principle is put into practice mainly through full non-cumulativity, the introduction of a national reference rate, and the elimination of tax benefits granted unilaterally by States and Municipalities.
What Does a Neutral Tax Mean?
In practice, a neutral tax system is one that does not influence how companies structure their operations. Instead of deciding where to set up based on regional tax incentives, companies should make decisions based on technical and strategic criteria. For consumers, this means more stable prices, regardless of the origin of the products and services purchased.
The Role of the Reference Rate
The reference rate emerges as an essential mechanism for achieving neutrality. It will serve as the basis for setting the tax burden of the Tax on Goods and Services (IBS) and the Contribution on Goods and Services (CBS) — taxes that will replace ICMS, ISS, PIS and Cofins.
According to Complementary Law No. 214/2025 (LC 214/25), the current estimate is a combined rate of 26.5%, with 17.7% for IBS and 8.8% for CBS, although market studies point to a rate of 28%. This rate will be set by resolution of the Federal Senate, with the aim of maintaining the current level of tax revenue.
The End of the Tax War
To curb the continuation of the “tax war” — the practice in which States and Municipalities grant benefits to attract companies — the reform sets a clear limit: no federative entity may set an IBS rate lower than the reference rate. This rule is established in Article 130 of the Transitional Constitutional Provisions Act (ADCT) and seeks to give taxpayers legal certainty, avoiding distortions in the business environment.
This limitation is particularly relevant for the IBS, which will be jointly managed by States and Municipalities — precisely the entities that most relied on granting tax incentives. By setting a national floor, the reform standardizes taxation and prevents competitive imbalances between different regions.
Impacts on the Services Sector
One of the sectors most affected by the new tax system is the services sector. Currently, service providers pay, on average, an ISS rate of up to 5%. With the introduction of the IBS, this burden could rise to at least 17.7% — and some studies already point to a rate of 18.7% — which will require many companies in the sector to reassess their financial, operational and contractual strategies.
How Will the Tax Reform Impact Your Company?
Each segment will be affected differently, and understanding the specific effects of LC 214/25 is essential for effective tax planning. Our team of specialists is ready to help your company understand the changes, identify risks and opportunities, and adapt to the country’s new tax landscape.
Get in touch with us and get ready for the future of taxation in Brazil.
