Legal Update on Coronavirus in Brazil

COVID-19 Measures in Brazil COVID-19 Measures in Brazil COVID-19 impacted various sectors of the Brazilian economy and public services. As of April 2, 2020, Brazil reported approximately 7,000 COVID-19 cases and 141 fatalities. To curb the spread of the virus, federal, state, and municipal governments enacted extensive measures, including significant lockdowns in São Paulo, Rio de Janeiro, and other states. These restrictions have severely impacted many economic sectors. In response, the Brazilian government implemented several emergency measures to support businesses, with additional measures anticipated as the situation evolves. Labor Law Measures Employee vacation advancement: Employers can unilaterally require employees to take vacation with 48 hours’ notice, including those who haven’t accrued vacation rights. 25% salary reduction: Salaries can be reduced by up to 25%, adhering to legal minimum wage rules and justifying economic hardship. Special home office rules: Employers may require employees to work remotely with 48 hours’ notice, including agreements on equipment and expense reimbursement. Tax Measures Emergency rules for tax payment deferral are limited. FGTS contributions can be deferred into six installments, provided the taxpayer notifies authorities appropriately. In the absence of comprehensive rules, some taxpayers have pursued legal actions to defer federal tax payments, with mixed outcomes. Medical Product Imports The government eliminated import taxes on medical products essential for combating COVID-19, including alcohol, protective gear, and respiratory devices. These measures, effective until September 30, 2020, prioritize expedited processing by federal agencies. Public Authority Service Suspension São Paulo Board of Trade: Public services suspended until April 30, 2020, except for new entity incorporations via the electronic system. Federal Revenue Service: Limited to essential services by appointment; administrative procedure deadlines are suspended. INPI: Services suspended, with administrative deadlines extended to April 14, 2020. Trademark applications remain available online. Courts: In-person meetings suspended until April 30, with remote services available. Registry of Deeds and Documents: Operating from 11:00 am to 3:00 pm on business days. If you need more information or wish to consult with a business expert, fill out our contact form or reach out via message or phone.

SaaS in Brazil: A Growing Market

SaaS Market in Brazil SaaS Market in Brazil The SaaS market is rapidly growing in Brazil, presenting significant opportunities. The Software as a Service (SaaS) market is growing globally. According to experts, the Brazilian market is still underserved but is also growing at a rapid pace. What is SaaS? Software as a Service (SaaS) is a software licensing and delivery model in which software is licensed by subscription and centrally hosted. It is also known as web-based software, on-demand software, and hosted software. Globally, Gartner predicts that SaaS revenues will grow to $278 billion by 2021, up from $145 billion in 2017. Brazil, as an underserved market with significant opportunities, is expected to play a key role in this growth. Keiretsu Software Initiative Keiretsu Software, established with an initial capital of R$ 100 million, aims to acquire 40-70 SaaS startups by the end of 2020. This highlights the rapid growth and scalability potential of the SaaS market in Brazil. Key Insights from the SaaS Landscape Research SaaS enterprise companies in Brazil are growing faster than those focused on B2C or SMEs. 60% of companies take less than six months to recover CAC costs. 67% of companies have an LTV/CAC ratio higher than three. Inside sales is the preferred go-to-market strategy for SaaS startups. 26% of companies have a marketplace component. 71% of SaaS startups in Brazil are bootstrapped and have never raised external funding. Top SaaS Startups in Brazil Tracxn listed the top 10 SaaS startups in Brazil out of a total of 750. Some of the most prominent include: Olista: A multichannel sales platform for SMEs. ContaAzul: Online accounting and billing solutions for SMEs. Zoop: A white-label payment solution. Xerpa: An HRMS platform. SMEs as Key SaaS Clients According to a study by Superlógica, 51.4% of SaaS clients in Brazil are SMEs. André Baldini, CEO of Superlógica, emphasized the importance of understanding SME pain points to provide tailored solutions that foster strong client relationships. If you need more information or wish to explore SaaS opportunities in Brazil, contact us for further assistance.

The Standard Benefits Package in Brazil

Employee Benefits in Brazil Employee Benefits in Brazil Common employee benefits in Brazil include health insurance, meal vouchers, and transportation allowances. In addition to a fixed salary, companies in Brazil generally offer a social package to their employees. Below, we list the most common benefits. Standard Benefits In Brazil, benefits packages can be freely negotiated between employees and employers, depending on specific circumstances. However, standard benefits typically include: Health insurance Dental plans Meal or food vouchers Transportation vouchers and/or fuel allowances Offering a transportation voucher is legally required if requested by the employee, and the amount depends on public transport costs. Employers can deduct up to 6% of the base salary for this benefit. Health Insurance and Meal Vouchers Health and dental plan costs depend on factors like the provider, company size, and employee age. Providers include Bradesco, SulAmérica, Amil, and Unimed. Specialized consultants help small and medium-sized companies select appropriate plans. Meal vouchers typically cover daily meal expenses during work hours. Employers should consider the average meal cost in their region. Service providers like Alelo offer free research on regional meal costs (see Alelo’s website). Social Packages for Expatriates Expatriates moving to Brazil often receive standard benefits plus additional perks, such as: A company car, often rented from car rental services One flight per year to their home country Rental cost coverage for an apartment, within reasonable limits Large international companies may offer these additional benefits to attract expatriate executives. Flexible Benefits Employers can enhance their benefits packages by including options like: Flexible working hours Educational incentives Gym memberships or vouchers Depending on the company’s values and culture, these additional perks can make the workplace more appealing to employees. If you need more information about employee benefits in Brazil or wish to customize a benefits package for your team, contact us today.

Business Talk #2: How to Define Compensation for Partners and Directors in Brazil

Compensation for Partners and Directors in Brazil How to Define Compensation for Partners and Directors in Brazil For our Business Talks, we invite international and Brazilian experts to discuss various topics related to Brazil, from market insights and business development to HR, legal, and tax issues. Business Talk #2 – Featuring Julia Silva e Lima Julia Silva e Lima, tax lawyer, shares her insights on compensation for partners and directors in Brazil. Julia Silva e Lima is a tax lawyer and associate at FCR Law – Fleury, Coimbra e Rhomberg Advogados. With extensive experience advising national and international clients on Brazilian tax law, she specializes in cross-border operations, assessing tax risks, and mitigating tax impacts. Key Compensation Methods 1. Dividends Dividends are paid based on net income after taxes. In limited liability companies (LTDA), they can be distributed proportionally or disproportionately, as defined in the entity’s articles of association. In corporations (SA), dividends must be distributed proportionally, but preferred shares can grant shareholders fixed or minimum dividends. Dividend distribution is tax-free for recipients but not deductible for corporate income tax purposes. 2. Interest on Equity (JCP) JCP compensates partners/shareholders for capital invested in the company, calculated using the Long-Term Interest Rate (TJLP). JCP payments are deductible for corporate tax purposes but are subject to a 15% withholding income tax. This method provides a 19% tax benefit to the company compared to dividends. 3. Pro-labore Pro-labore is compensation for directors’ services, established in the company’s bylaws or specific resolutions. It is subject to withholding tax (up to 27.5%) and social security contributions. Employers also pay a 20% social security contribution. Pro-labore is tax-deductible for the company. Choosing the Right Method Each compensation method has its pros and cons. Dividends are tax-free for recipients but not deductible for companies. In contrast, JCP and pro-labore are taxable for recipients but offer tax-deductible benefits to companies. Businesses must carefully evaluate the implications of each method to determine the most beneficial approach for both the company and its stakeholders. Julia concluded the talk by emphasizing the importance of a tailored approach to compensation methods, considering the unique financial and operational circumstances of each entity. For more information about compensation strategies in Brazil, contact us today.