Strategy
Financial Management
Tax Management
February 10, 2023
Simulation of tax regimes: Simples Nacional x Presumed Profit
DOI: 10.22167/2675-6528-20230007
E&S 2023,4: e20230007
Manuella Brandl Barbosa de Freitas e Matheus da Costa Gomes
In the current context of the country, with enormous competitiveness among companies, seeking cost management through tax planning is of extreme relevance for an organization’s survival[1], especially when facing one of the highest tax burdens by companies in the world, around 34%[2], with little return for the population.
The Doing Business 2019 report, from the World Bank (“The World Bank”)[3], regarding the total taxes and contributions collected by companies as a percentage of profit, shows Brazil among the last placed, with 65.1% – three times higher than that verified in Canada – 20.5%, with the latter being the best placed in the ranking. All this causes Brazil to lose competitiveness against other economies, due to the so-called “custo Brasil” (Brazil cost) and enormous bureaucracy. Another indicator that demonstrates this difficulty faced in Brazil refers to the ease of doing business; Brazil is in 109th position out of 190 countries[3].
From this perspective, tax management deserves special attention, due to the final impact it can have on the company’s profitability and its perpetuity capacity, hence the importance of tax planning so that they adapt their costs, in order not to practice prices considered above acceptable by consumers[4].
Thus, this study aimed to investigate the best tax system for a small beverage company located in Boa Vista/RR. Currently, the tax system for small companies with revenue of up to R$ 4.8 million, classified under Simples Nacional, is used. Given that it has been in the market for a long time and aims to generate higher profits, it was decided to conduct an analysis demonstrating which classification used is the most economically advantageous for it to achieve better economic results. Especially due to the fact that it operates with the sale of alcoholic beverages, which have a high tax burden (on average – 40% is paid solely from the Tax Substitution of the Tax on Circulation of Goods and Services – ICMS), in addition to other charges, and none of this is credited, because the system used does not provide for ICMS credits.
Thus, this study aimed for a comparative tax analysis of the framework in use – Simples Nacional – with that of Presumed Profit, because both use the same calculation basis, i.e., revenues, thus making it possible to identify greater financial gains for this small company to prosper. With this, it will be possible to carry out tax avoidance – tax planning (through simulation) – for the next fiscal years, in order to reduce costs (reduction of the tax burden) and improve the profitability of the business.
Initially, the tax systems: Simples Nacional and Lucro Presumido were discussed, their advantages, their disadvantages, and the calculations used for each of them, in order to obtain a comparative analysis.
According to Complementary Law 123, of 2006[5], Simples Nacional may be applicable to Microenterprises (ME) and Small Businesses (EPP). As of January 1, 2018, the proportional limits for ME and EPP are R$ 30 thousand and R$ 400 thousand, respectively, multiplied by the number of months between the start of the activity and the end of the respective calendar year, with fractions of months considered as a full month.
Among the advantages of using Simples Nacional is the collection of various taxes in a single document – Documento de Arrecadação do Simples Nacional (DAS). The taxes included are: Corporate Income Tax (IRPJ); Tax on Industrialized Products (IPI); Social Contribution on Net Profit (CSLL); Social Security Financing Contribution [COFINS]; Contribution for the Social Integration Program and the Public Servant Asset Formation Program (PIS/Pasep); Social Security Contribution for Employers (CPP); Tax on Operations Related to the Circulation of Goods and on Interstate and Intermunicipal Transportation and Communication Services (ICMS); Tax on Services of Any Nature (ISS). Being exempt from other federal contributions, such as Sesc, Sesi, Senai, Senac, Sebrae, and the education salary.
The tax rates of Simples Nacional range from 4% to 33% depending on the gross revenue earned in the last 12 months and the annex used by economic category (there are 5 annexes/tables) and 6 distinct tax rate brackets, each with a value to be deducted for the final calculation, as stated in Complementary Law 123 of 2006[5].
The calculation of this tax to be collected, the DAS, is done with the accumulated gross revenue of the last 12 months (prior to the calculation period) multiplied by the rate corresponding to the annual revenue bracket (Table 1), minus the amount to be deducted (per bracket), all divided by the accumulated gross revenue of the last 12 months. With this, the effective rate is found, and thus, this found rate is multiplied by the gross revenue of the period to be calculated, finding the amount of tax to be paid for the month.
Table 1. Table of rates used by Simples Nacional – Commerce
| Band | Tax rate | Deductible Amount | Gross Revenue in 12 months |
| — % — | ————————— BRL —————————— | ||
| 1st | 4,00 | – | Up to BRL 180,000.00 |
| 2nd | 7,30 | 5.940,00 | From 180,000.01 to 360,000.00 |
| 3rd | 9,50 | 13.860,00 | From 360,000.01 to 720,000.00 |
| 4th | 10,70 | 22.500,00 | From 720,000.01 to 1,800,000.00 |
| 5th | 14,30 | 87.300,00 | From 1,800,000.01 to 3,600,000.00 |
| 6th | 19,00 | 378.000,00 | From 3,600,000.01 to 4,800,000.00 |
Source: Brazil[5]
Table 2, presented below, shows the gross revenue of this company for the months of September 2020 to August 2021 and the respective amounts paid regarding the DAS. These values were the object of study for the simulations regarding the Presumed Profit.
From this data, it was possible to measure the DAS collected in September 2021, based on the annual invoicing which amounted to R$ 1,299,873.83 (Table 2). After this step, the annex corresponding to the sector of activity (commerce in this case) was consulted, it was verified which bracket the revenue fell into, the tax rate and deductible amount were identified. In this case, it corresponded to the fourth bracket with a tax rate of 10.7% and a deductible amount of R$ 22,500. This done, the effective tax rate was calculated by multiplying the annual revenue by 10.7% minus the deduction of R$ 22,500, all divided by the annual revenue. With this calculation, the effective tax rate of 8.97% was reached. Based on this tax rate, it was possible to calculate the amount of tax to be paid in September 2021, by multiplying the monthly invoicing for September by this calculated tax rate.
Table 2. Revenue of the company under study versus the amount paid in Taxes by the Simples Nacional
| Period | Total sales (vendas)/ Invoicing (emissão de doc) | Simples Nacional |
| ——————– BRL ———————– | ||
| SEP.2020 | 147.088,00 | 9.807,96 |
| OCT.2020 | 92.899,80 | 5.988,01 |
| NOV.2020 | 204.966,85 | 13.566,87 |
| DEC.2020 | 174.878,95 | 11.162,23 |
| JAN.2021 | 57.439,00 | 4.259,90 |
| FEB.2021 | 47.643,80 | 2.895,38 |
| MAR.2021 | 113.310,55 | 7.672,95 |
| APR.2021 | 173.444,80 | 11.133,65 |
| MAY.2021 | 84.445,40 | 5.244,07 |
| JUNE.2021 | 64.084,70 | 4.161,63 |
| JUL.2021 | 52.787,98 | 3.582,30 |
| AUG.2021 | 86.884,00 | 5.575,44 |
| Sum | 1.299.873,83 | 85.050,39 |
| Average | 108.322,82 | 7.087,53 |
| Corresponding tax rate | =7.087,53/108.322,82 | 6,54% |
Source: Elaborated by the author
Unlike the Simples Nacional, where only one monthly obligation (DAS) is submitted, in Presumed Profit there is more bureaucracy, as taxes are paid separately and the Declaration of Federal Tax Debits and Credits (DCTF), the Digital Fiscal Record (EFD), and the Digital Accounting Record (ECD) must be submitted, which must be transmitted annually to the Public Digital Bookkeeping System (SPED).
Among the advantages of presumed profit: if the company’s profit is greater than the exemption percentage, there is savings in taxes and lower rates for PIS and COFINS. The disadvantages are: it is not possible to use the deductions of credits offered by the payment of PIS and COFINS; if the company has a profit margin lower than the presumption margin, it will pay more taxes than it should; service providers have a very high presumption margin, often incompatible with reality, and it can increase the cost of the payroll for those with many employees, due to INSS.
In the case of the Presumed Profit regime, there is the taxation of a presumption of the quarterly gross revenue result for IRPJ and for CSLL, and they can range from 1.6% to 32%, according to the company’s activity[6]. For example, the revenue value of the quarter is multiplied by the CSLL presumption rate, which is 12% for commerce, and from the obtained value, 9% is multiplied, arriving at the CSLL to be paid. After this, the quarterly revenue is calculated multiplied by the IRPJ presumption rate of 15%, with an additional amount of 10% if the quarterly profit exceeds R$ 20 thousand per month, with these two taxes being paid quarterly[6]. Thus, if the quarterly revenue exceeds the presumed R$ 60 thousand, the quarterly revenue found minus R$ 60 thousand must be subtracted, and this obtained value multiplied by 10%, so that the IRPJ will be the sum of the multiplication of these two rates (15% and 10%). In addition to these two taxes, PIS – 0.65% and COFINS – 3% must be paid monthly, according to the cumulative regime.
Regarding the object of study of this article, the average revenue between September 2020 and August 2021 was calculated, reaching the value of R$ 108,322.82, and the average taxes paid under the Simples Nacional in this period was R$7,087.53 (Table 2).
For the calculation of presumed profit, quarterly revenue was calculated by multiplying the average monthly revenue (R$108,322.82) by 3, obtaining a total of R$324,968.46. Firstly, the quarterly revenue amount was multiplied by the CSLL presumption rate for commerce (12%), totaling R$38,996.22; from this amount, 9% was multiplied, resulting in R$3,509.66 as the amount to be paid for this tax in the quarter. For the IRPJ calculation, quarterly revenue was multiplied by the 8% presumption for commerce, totaling R$25,997.48; from this amount, 15% was multiplied, obtaining R$3,899.62. With this, these two amounts for CSLL and IRPJ were summed, totaling R$7,409.28 for the quarter, which corresponds to R$2,469.76 if paid monthly.
After this, the value of PIS was calculated, being 0.65% multiplied by the average revenue of R$ 108,322.82, reaching the value of R$ 704.10. COFINS represented 3% multiplied by the same average, totaling R$ 3,249.68. Thus, the sum of monthly taxes (PIS and COFINS) plus the value of IRPJ and CSLL (if they were paid monthly – R$ 3,953.78) would total R$ 6,423.54, this value being lower than the average paid annually under the tax system – Simples Nacional (when INSS is not included) (Table 3).
Table 3. Simulation of taxes paid under the Presumed Profit tax system
| Parameters | Values |
| BRL | |
| Average revenue | 108.322,82 |
| Quarterly revenue | 324.968,46 |
| 1) Presumption of CSLL (12%) (324,968.46 * 12%) | 38.996,22 |
| Social Contribution on Net Income (9%) (38,996.22*9%) | 3.509,66 |
| 2) PRESUMPTION OF CORPORATE INCOME TAX (8%) (324,968.46 * 8%) | 25.997,48 |
| IRPJ (15%) (324,968.46 * 15%) | 3.899,62 |
| TOTAL OF IRPJ AND CSLL IN THE QUARTER (3,509.66 + 3,899.62) | 7.409,28 |
| MONTHLY IRPJ AND CSLL (7.409.28 / 3) | 2.469,76 |
| PIS 0.65% (108,322.82 * 0.65%) | 704,10 |
| COFINS 3% (108,322.82 * 3%) | 3.249,68 |
| TOTAL MONTHLY (704.10 + 3249.68) | 3.953,78 |
| IRPJ AND CSLL (MONTHLY) + PIS + COFINS | 6.423,54 |
Source: Elaborated by the author
However, in addition to these taxes, the INSS on the payroll must be calculated at a rate of 20% (which does not need to be done in the Simples Nacional, as it is already included in the DAS). Thus, R$ 4054.83 (sum of payroll) multiplied by 20% – Employer INSS – is obtained, resulting in R$ 810.87, plus the multiplication of the Environmental Work Risks (RAT) by the Accident Prevention Factor (FAP), with the former being 1% (due to the low degree of work risk arising from the activity under analysis – commerce) multiplied by 0.5 (from the current year 2021 – as consulted on the Data Prev website[7]), reaching the value of 0.005, which added to R$ 810.87 results in R$ 810.88. This value divided by the average revenue – R$ 108,322.82, results in an effective rate of 0.75% – INSS rate on payroll -. With this, the average of taxes by presumed profit added to the INSS amounted to R$ 7,234.42 (the sum of R$ 6,423.54 + R$ 810.88), which is higher than the average of the Simples Nacional in monetary values, which was R$ 7,087.53 (Table 4).
Table 4. INSS Calculation – Presumed Profit
| Payroll | BRL 4,054.83 |
| 20% rate – Employer’s INSS + (RAT*FAP) | BRL 810.88 |
| Total tax value +INSS | BRL 7,234.42 |
| Average tax value * 12 | BRL 86,813.04 |
| Tax rate (=7,234.42/108,322.82) | 6,68% |
Source: Elaborated by the author
Given this scenario, it is observed that the use of the Simples Nacional regime is still advantageous for this company, as according to the analyzed year, the average taxes paid under Simples Nacional was 6.54% (effective rate – average DAS for the period under analysis of R$ 7,087.53 divided by the average monthly revenue of R$ 108,322.82), while under Presumed Profit, an average of 6.68% in taxes on revenue was calculated (which is R$ 7,234.42 – projection of what would be paid under Presumed Profit divided by the average monthly revenue for the period of R$ 108,322.82). In part, this larger difference was due to INSS taxes on payroll. A small difference of only 2.07% between the average taxes paid between one regime and the other.
The disadvantage of the Simples Nacional regime is that companies cannot credit the ICMS levied on the acquisition of goods, as stated in article 23 of Complementary Law 123[5], a fact that may encourage the company to switch to the Presumed Profit regime, which would require new tax planning, being the subject of a future feasibility study.
This work aimed to verify the feasibility of changing the tax system, in order to increase this company’s profitability and gain greater competitiveness through a descriptive approach and quantitative analysis of this company’s revenue. With this, it was verified that it is still less burdensome for this company to remain in the Simples Nacional, due to the high tax burden that would be paid more in social security contributions, a reason that increased the total taxes in the Presumed Profit regime, as shown in the presented simulation.
If there were none, the change would be advantageous, as it would result in a 9.36% reduction in the average monthly tax paid (R$ 6,423.54 – average monthly taxes under the Presumed Profit regime without the Employer’s Social Security Contribution, while under Simples Nacional – the monthly average was R$ 7,087.53).
Thus, the importance of tax planning is concluded, in order to ensure that the least burdensome modality is being used for the company to achieve greater gains. Despite the high cost of tax planning, especially for small businesses, it is important to conduct this study to ensure that the company is in the tax system that brings greater financial viability. The importance of calculating potential ICMS credits that may be credited was verified, through a more in-depth study, in case of a change to Presumed Profit, which may be the subject of future work.
References
[1] Silva L.T. Planejamento tributário: Aplicabilidade como instrumento financeiro de redução dos custos organizacionais. Revista Eletrônica de Graduação do UNIVEM – REGRAD. 2019; 12(1): 110-128.
[2] Confederação Nacional da Indústria (CNI) (Brasília). Competitividade Brasil 2018-2019: comparação com países selecionados. Brasília: CNI; 2019. 116 p. Disponível em: <https://static.portaldaindustria.com.br/media/filer_public/e2/9d/e29da7d0-7e5d-4e6c-baa8-60326243f44f/competitividadebrasil_2018-2019.pdf>.
[3] The World Bank (Washington). Doing Business 2019: Training for Reform. Washington: The World Bank; 2019. 302 p. Disponível em: <https://www.doingbusiness.org/content/dam/doingBusiness/media/Annual-Reports/English/DB2019-report_web-version.pdf>.
[4] Alberti X.R. Comparativo Tributário: Simples Nacional, Lucro Presumido e Lucro Real. REFAF. 2013; 2(2).
[5] Presidência da República (Brasil). Lei Complementar 123, de 14 de dezembro de 2006. Institui o Estatuto Nacional da Microempresa e da Empresa de Pequeno Porte. Brasília, DF: 2006.
[6] Receita Federal. Capítulo XIII – IRPJ – Lucro Presumido 2021. Brasil: Ministério da Economia; 2021. Disponível em: <https://www.gov.br/receitafederal/pt-br/assuntos/orientacao-tributaria/declaracoes-e-demonstrativos/ecf/perguntas-e-respostas-pessoa-juridica-2021-arquivos/capitulo-xiii-irpj-lucro-presumido-2021.pdf>.
[7] DataPrev. Acesso à Informação. Brasília: Ministério do Trabalho e Previdência – Secretaria de Previdência Brasil; 2022. Disponível em: <https: www.dataprev.gov.br/acesso-informacao>.
Como citar
Freitas M.B.B.; Gomes M.C. Simulação de regimes tributários: Simples Nacional x Lucro Presumido. Revista E&S. 2023; 4: e20230007.
Sobre os autores
Manuella Brandl Barbosa de Freitas, Bacharela em Ciências Econômicas, Especialista em Finanças e Controladoria, Fortaleza, CE, Brasil
Matheus da Costa Gomes, Doutor em Controladoria e Contabilidade, Professor de Ensino Superior, Ribeirão Preto, SP, Brasil.
Link para download: https://cms.revistaes.com.br/wp-content/uploads/2023/02/ES_23007.pdf