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Last year, the Fortaleza City Council approved the Supplementary Law 241/2017 which amended the Fortaleza Tax Code. With the yes of the advisers the question brought new rules for the licenses and permits of the commerce of the city and a lot of discontent on the part of the unions and the badociations of the industry and the trade. There is a lot of criticism about this. The first is the lack of dialogue, and the most important part is the considerable increase in rates, which undermines the free enterprise.
With the negative response and the mobilization of entrepreneurs, the Municipality issued a decree that changed only one point of the issue and finally did not consider the actual demand of entrepreneurs who do not agree with the annual payment of the operating license. increased fees that triggered the value of permits and licenses, reaching a jump of 800%.
As of the modification of the municipal tax code, license fees become annual. The collection rate for establishments with a built area of 40 m² is R $ 230.00, and for those over 40 m², the value will be R $ 230.00, plus R $ 6.50 for each excess up to R $ 5,000 for companies under 30,000 square meters and a limit of R $ 15,000 for those over 30,000 square meters.
The president of Sistema Fecomércio, Maurício Filizola, baderts that the Federation has been accused by the unions that it represents and that it is already studying, with the judicial sector of the Federation, the best way to Reverse the damage caused by these changes.
In order to clarify what these changes in the tax code of the city and what are the impacts of the new law for Fortaleza trade, we spoke with Fecomércio-EC tax advisor, Hamilton Sobreira, who clarifies some doubts .
1.
In addition to the exorbitant increase, which in some cases is 800%, the license fee for the operating license is now annual, that is, a tax cost that does not can not be pbaded on to the consumer.
2. What has changed with the decree established by the Town Hall?
The decree created an intermediate range of the limit of R $ 5 thousand value for the real estate of up to 30 thousand square meters. In short, this supposed benefit will only reach real estate between 800 m² and 30 000 m².
3. How was it before these changes?
At the beginning, the permit was not invoiced annually. These fees were billed once, during the installation of the company, or in case of change of the area of the property used, change of address, change of the activity authorized economic name or corporate name. For amounts, the initial fixed charge was R $ 129.16 to R $ 1,291.52. Added to these fixed values, the product of the multiplication of images by indexes up to R $ 0.11 cents.
4. Can you simplify the amount paid by a company before and how much will it pay now with these changes?
Let's take the example of a 2510 square meter store. According to the old method of calculation, this store only once disbursed about R $ 1,700, though it did not change address, area, activity or business. company name. But by the new law, this value will be 5,000 reais a year – because of the intermediate range created by the decree. If the company exceeds the area of 30,000 square meters, this value can reach R $ 15,000, also per year.
5. How will these changes affect trade?
The entrepreneur has no way of bearing an even heavier tax burden, especially in times of crisis. There is no doubt that these values will have to be pbaded on to the final consumer, which could aggravate the crisis.
6. These changes affect the sectors of trade in goods, services and tourism?
The tertiary sector: trade and services, as well as tourism, will undoubtedly be the most affected and where the population will have the same impact.
7. Do you believe that this burden will be pbaded on to consumers?
There is no doubt that the business man works with a very tight margin for the maintenance of his business. It must maintain the countless jobs that the sector generates, directly and indirectly, and to cope with this unexpected increase, the transfer of this cost will be the final price of its products and services.
8. Is it clear, from the city hall, what justifies these changes?
On some occasions, it seems that the City Hall wants to face the costs of the "supposed" taxation, ie at no time, this study has been conducted jointly and in a participatory manner with civil society.
9.
We understand that several constitutional principles have been affected, among which: economic freedom, free initiative, among others, which are debated in numerous lawsuits already proposed.
10. What would be the best proposal to contemplate the city hall and the businessmen?
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