News that will impact your business
Market alertsOctober-December | 2016
Greater focus on tax and labor risks with the planned reforms
In the face of potential changes with the labor and social security reforms, Brazilian companies must already adapt their compliance structure
The complete suitability to the Digital Bookkeeping Public System (SPED), in particular with regard to tax and labor obligations, should be on the radar of public and private companies in 2017. In addition to investments of time and resources in training people, systems and infrastructure, the SPED demands that companies be prepared to effectively respond to the compliance standards and avoid legal risks.
The regulation of the outsourced activities, in course at the National Congress through Bill No. 4,330 also deserves to be mentioned, since it can expand the scope and the hiring of contractors in organizations – including the outsourcing of end activities.
In the midst of a scenario of increasing stringency in regulations, the lack of adequate monitoring in the contractors’ management may compromise the reputation and expose the company to image risks. In this context, the obligation of inspections and a wide view in relation to the labor and social security aspects on the part of the contracting companies are essential.
“The entrepreneurs who seek labor laws compliance decrease their risk and cost exposure with fines and labor claims.” Fernando Ázar
“The entrepreneurs who seek labor laws compliance decrease their risk and cost exposure with fines and labor claims.”
New definitions for stock options
Tax rules for share offerings will be clearer
In the course at the Chamber of Deputies, the Bill 286/2015 seeks regulating stock options plans, incorporating the benefit into the Consolidation of Labor Laws (CLT). The proposal provides for a definition about whether such programs should be characterized as remuneration or as investments. The rule is intended to mitigate risks related to labor and social security charges. For the Administrative Board of Tax Appeals, the requirements to differentiate the investment operations from salaries are voluntarism, burden and risk.
“Companies should consider the recent decisions when structuring to offer stock options.” Carlos Nicacio
“Companies should consider the recent decisions when structuring to offer stock options.”
Social spending and the public accounts debate
PEC 241 brings the discussion about the efficiency of social resources management
The proposed constitutional amendment (PEC) 241 creates a limit to the public spending expansion and proposes major changes in the rule of financing for social areas, such as health and education. The measure will have a direct impact on the management, control of expenditure and compliance of public institutions. In view of these changes, new public spending mechanisms for management and control will mean better cost-benefit and increased awareness and a better use of the public funds flow, with an impact on the chain of sectors such as education and health.
“The public agencies must manage resources more efficiently, and will have to rely on mechanisms that are used by the business world.” Enrico De Vettori
“The public agencies must manage resources more efficiently, and will have to rely on mechanisms that are used by the business world.”
Enrico De Vettori
Compliance in the health sector: from cost to value
Compliance systems must be effective to support the current demands and mitigate risks
Responding to an increasingly demanding regulatory environment is challenging, especially with regard to the health sector, in which the non-compliance can have a profound effect on the companies’ cost and reputation and in the life of patients. The industry’s organizations should be able to transform the compliance activity from “cost” to something that delivers value and competitive advantage. The moment of change inspires the compliance areas to move from executing tactics to strategic advisers.
"A robust and flexible compliance geared to results is necessary in the health sector's social service and administration environments in Brazil." Gustavo Lucena
"A robust and flexible compliance geared to results is necessary in the health sector's social service and administration environments in Brazil."
Deseja receber conteúdos da Mundo Corporativo e da Deloitte em primeira mão?Cadastre-se