Senate approves fiscal benefits cut and tax increases

The Senate approved on Wednesday, December 17, 2025, a bill that cuts federal fiscal benefits by 10% and raises taxes on online bets, fintechs, and interest on own capital. The measure unlocks about R$ 22.45 billion for the 2026 Budget, avoiding cuts in spending and parliamentary amendments. The text heads to presidential sanction after a 62-6 vote.

The bill was approved by the Chamber of Deputies in the early hours of December 17, 2025, and reached the Senate the same day, passing without changes to speed up the process. The 10% cut applies to benefits on taxes like PIS/Pasep, Cofins, IRPJ, CSLL, Import Tax, IPI, and employer social security contributions, but only for presumed profit regime companies with annual gross revenue over R$ 5 million. Exemptions include payroll, industrial policies for information technology and semiconductors, Manaus Free Trade Zone, basic food basket, and programs like Minha Casa Minha Vida.

To offset, the text raises taxation on fixed-odds bets from 12% to 13% in 2026, 14% in 2027, and 15% in 2028, with half the funds to social security and half to health. The government initially proposed 18% but backed down after parliamentary pressure against boosting the illegal market. Interest on own capital (JCP) rises from 15% to 17.5% withholding income tax. CSLL for fintechs and credit societies increases from 15% to 17.5% until 2027 and 20% from 2028; for other financial institutions, from 9% to 12% then 15%.

Senate rapporteur Randolfe Rodrigues (PT-AP) defended the review: 'We must not forget that such tax advantage [...] will be delivered to specific small groups at the cost of reducing revenue that would be used for other public policies.' Affected sectors protested. CNI criticized the linear cut for undermining innovation and regional development, stating 'the productive sector will pay, once again, for public accounts adjustment.' Reginaldo Arcuri of FarmaBrasil Group warned of cost increases on 65% of medicines. Zetta, representing fintechs, regretted the penalty on sectors expanding financial access.

The estimated impact is R$ 17.5 billion from benefits reduction, R$ 2.5 billion from JCP, R$ 1.6 billion from fintechs, and R$ 850 million from bets, totaling R$ 22.45 billion. The bill also revalidates canceled parliamentary amendments from 2019-2023 for payment by 2026.

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Brazilian Senate senators applauding unanimous 64-0 approval of Anti-Faction Bill toughening organized crime penalties and taxing online bets.
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Senate approves Anti-Faction Bill with tax on bets for security

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The Brazilian Senate unanimously approved the Anti-Faction Bill on Wednesday, December 10, with 64 votes in favor and none against. The bill, reported by Alessandro Vieira (MDB-SE), toughens penalties for organized crime and establishes a tax on online bets to fund efforts against factions. The proposal returns to the Chamber of Deputies for review of the changes.

President Luiz Inácio Lula da Silva sanctioned on December 26, 2025, the law—previously approved by Congress on December 17—cutting 10% of federal fiscal incentives and raising taxes on betting houses, fintechs, and interest on own capital (JCP), projecting R$20 billion in 2026 revenue. However, he vetoed a congressional 'jabuti' clause revalidating nearly R$2 billion in parliamentary amendments from 2019-2023, citing unconstitutionality per STF rulings.

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Following the Senate's approval on December 17, Brazil's Congress passed PLP 128/2025 on December 26, raising taxes on fintechs—part of a broader fiscal package cutting benefits and hiking other levies to unlock R$22.45 billion for the 2026 budget. The fintech measure aims to align fiscal treatment with traditional banks for competitive neutrality, but fuels debate on stifling innovation and financial inclusion. Proponents see fair compensation; critics fear consumer harm.

President Luiz Inácio Lula da Silva sanctioned the 2026 budget on Wednesday (14/1), vetoing about R$ 400 million in parliamentary amendments for breaching transparency rules. The decision, published in the Official Gazette, could spark tensions between the executive and legislative branches in an election year, with another R$ 11 billion to be reallocated or blocked. The budget totals R$ 6.54 trillion, including fiscal targets and boosts for social areas.

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The Chamber of Deputies approved and dispatched the public sector readjustment bill to the Senate, including a gradual 3.4% salary increase. However, it rejected the controversial 'tie-down norms' pushed by the government, which plans to reintroduce them in the Upper House. Opposition lawmakers criticized the lack of clear funding for part of the fiscal cost.

Following Minister Flávio Dino's February monocratic suspension of certain extra payments—which drew support from retirees and entities but opposition from courts like TJ-SP—Brazil's Supreme Federal Court (STF) on March 25 approved Dino's transitional rules capping 'penduricalhos' at 35% of the R$ 46,366.19 constitutional subsidy for judiciary and public prosecutors, until national legislation. The decision bans perks like 'auxílio-peru' and projects R$ 7.3 billion in annual savings.

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The National Assembly adopted on Thursday, December 4, a diluted version of the CSG increase on capital income, excluding several savings products to limit the impact on middle classes. This compromise, presented by Sébastien Lecornu's government, aims to secure Social Security budget revenues while avoiding a parliamentary deadlock. The favorable vote raises hopes for PLFSS approval before year-end.

 

 

 

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