IRS Normative Ruling No. 1,367 was published on 06.21.2013 and modified or revoked provisions of IRS Normative Ruling No. 758/2007, which rules the Special Regime for the Development of Infrastructure (Reidi).
Among the main modifications, one can mention that, concerning revenues related to the rental or machine to be used in infrastructure works, REIDI suspends the imposition of PIS/COFINS only if these works are destined for the beneficiary’s fixed assets.
Furthermore, PIS/COFINS are also suspended on acquisitions and import of services related to the approved project carried out within 5 years of the date of enrollment of the legal entity that owns that infrastructure project. The term to enjoy the regime, for a legal entity enrolled before 12.16.2009, is also added by the period between the date of approval of the project and the date of enrollment of the legal entity.
Concerning the co-enrollment of companies under this regime, there have also been some changes. The company that earns revenues related to the execution of turn-key construction works, hired by the legal entity enrolled under Reidi, may request to be co-enrolled under the regime. It is not necessary anymore that the legal entity computes PIS/COFINS under the cumulative regime for it to be authorized to request this benefit.
(IRS Normative Ruling No. 1,367, 06.20.2013, Official Gazette 06.21.2013. Available at: http://www.receita.fazenda.gov.br/Legislacao/Ins/2013/in13672013.htm. Accessed in June, 2013).