Legislation - Regulatory Instructions

"Regulatory Instruction n° 382, issued by the SRF of December 30, 2003

Published in the Federal Official Gazette (DOU) of January 05, 2004.


Changes the SRF Regulatory Instruction n° 243/2002

which provides for transfer pricing.

THE FEDERAL REVENUE SERVICE SECRETARY, in the capacity conferred upon him by article 209, item III of the Internal Statute of the Federal Revenue Service (SRF), approved by Administrative Ruling (Portaria) no. 259 of August 24, 2001 issued by the Ministry of Finance (MF), and in view of the provisions set forth by articles 18 to 24 and 28 of Law no 9430, of December 27, 1996, by article 2 of Law no. 9959, of January 27, 2000, by articles 3 and 4 of Law no. 10451, of May 10, 2002, by article 46 of Provisional Measure (MP) no. 66, of August 29, 2002, and by Administrative Ruling no. 95 issued by the MF on April 30, 1997, hereby establishes that:

Article 1- The article 35, caput, of the SRF Regulatory Instruction no 243, November 11, 2002, will take effect with the following changes :

"Article 35- The legal entity which realized pre-IRPJ and CSLL taxes net profits deriving from export sales to related companies, in an amount equivalent to a minimum of 5% of the total revenue from said exports, regarding the annual media of the tax computation period and of the two predecessor years , may demonstrate the adequacy of prices charged in referred exports, during the same period, exclusively with the documents relating to the operation itself."

Article 2- This Regulatory Instruction is effective as from its publication date, and its effects will be taken from the 2003 calendar-year.

JORGE ANTONIO DEHER RACHID