Law No. 6,263/2017 was published on October 16 in the Official Gazette and amends the Rio de Janeiro Municipality Tax Code with the purpose of adapting the legislation to the changes introduced by Complementary Law No. 157/2016.

Among others, the new law includes several activities in the list of services subjected to ISS tax. The most relevant of them include:

(i) Data processing, storage or hosting of data, texts, images, videos, electronic pages, applications and information systems, among other formats, and similar activities. These activities will be taxed by ISS at the rate of 5%.

(ii) Provision, without permanent transfer, of audio, video, image and text content via the Internet, respecting the immunity of books, newspapers and periodicals (except for the distribution of content by Conditional Access Service providers, which is dealt with in Law No. 12,485, dated September 12, 2011). These activities will be taxed by ISS at the rate of 2%.

(iii) Text insertion, illustrations and other advertising and publicity materials, by any means (with the exception of books, newspapers, periodicals and broadcasting services of sounds and images subject to free reception). These activities will be taxed by ISS at the rate of 3%.

According to Article 2, Law No. 6,263 will be effective as of January 1, 2018, or 90 days after its publication, whichever occurs later.

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Observations in this update about Brazilian law are by Tauil & Chequer Advogados. They are not intended to provide legal advice to any entity; any entity considering the possibility of a transaction must seek advice tailored to its particular circumstances.