Congress finalizes fintech tax hike in fiscal package amid innovation debate

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.

On December 26, 2025, Brazil's Congress approved Complementary Bill 128/2025 (PLP 128/2025), increasing taxes on fintech revenues. This provision, which raises CSLL from 15% to 17.5% for fintechs until 2027 (and 20% thereafter), generates R$1.6 billion and completes the package initially passed by the Senate on December 17 alongside 10% cuts to federal tax benefits, higher taxes on online bets and interest on own capital (JCP).

A tax law professor supports the bill for preserving competitive neutrality, arguing 'revenues from the same activity should receive equal tax treatment.' Fintechs dominate digital areas like payments and personal credit with higher margins, and the tax offsets revenue losses from the IRPF exemption up to R$5,000—seen as preferable to taxing dividends broadly.

The president of Zetta, a financial firms association, counters that fintechs already pay more tax (effective rates 36.5% in 2023 vs. banks' 8.9%; 29.7% in 2024 vs. 12.2%), crediting them with modernizing the system: doubling active users since 2018, including millions, 85% positive impact per AtlasIntel, and charging 34 times fewer fees—forcing banks to waive R$90 billion since 2019. Critics say it penalizes innovation, with 92% of Brazilians expecting higher service costs; they suggest a 17.5% minimum rate for all institutions, raising R$8 billion vs. R$1.6 billion.

Both sides acknowledge fintechs' maturity under Central Bank regulation but clash on balancing public finances without curbing growth. The debate coincides with consumption tax reform, highlighting needs for wider fiscal discussions.

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Empty chamber of Colombia's Congress Fourth Commission, suspended Financing Law debate due to lack of quorum.
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Financing law debate suspended due to lack of quorum

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The debate on Colombia's Financing Law in Congress was suspended until Tuesday due to lack of quorum in the Fourth Commission of the House of Representatives. The bill aims to raise $16.3 trillion to fund a 2026 budget of $546.9 trillion, but faces opposition and potential cuts if not approved. President Gustavo Petro warned of a possible default, while experts like Anif dismiss that risk.

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.

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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.

After several days of intense debates in the National Assembly, the 2026 finance bill increasingly resembles a 'Frankenstein' budget, a patchwork of contradictory amendments complicating its final adoption. The executive, avoiding Article 49.3, faces strong opposition on measures like the surtax on multinationals and limits on sick leave. Lawmakers from all sides have adopted or suppressed key provisions, raising the risk of overall rejection.

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The National Assembly's finance commission rejected the Zucman tax on very high patrimonies on Monday, October 20, proposed by the left. Deputies from the government coalition and the National Rally voted against this amendment, which aimed to impose a 2% minimum on patrimonies over 100 million euros. The debate will continue in the hemicycle starting Friday.

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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President Luiz Inácio Lula da Silva sent the anti-faction bill to Congress on Friday (31), accelerated in response to a major police operation in Rio de Janeiro that resulted in 121 deaths. The proposal toughens penalties against organized crime and creates mechanisms to financially combat factions. Experts debate whether the text represents progress or repeats ineffective punitive formulas.

 

 

 

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