Taxation, tax benefits and competition distortion in Brazil

This research addresses the relationship between taxation and competition in Brazil. As taxation influences decision on resource allocation by economic agents, the article will focus on two kinds of tax benefits: the Manaus Free Trade Zone and the fiscal. Established the way in which they can affec...

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Main Authors: Vicente Bagnoli, Vivian Leinz, Marcos Vinícius Sales dos Santos
Format: Article
Language:English
Published: Universidade Presbiteriana Mackenzie 2023-08-01
Series:Revista Direito Mackenzie
Subjects:
Online Access:http://editorarevistas.mackenzie.br/index.php/rmd/article/view/16050
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author Vicente Bagnoli
Vivian Leinz
Marcos Vinícius Sales dos Santos
author_facet Vicente Bagnoli
Vivian Leinz
Marcos Vinícius Sales dos Santos
author_sort Vicente Bagnoli
collection DOAJ
description This research addresses the relationship between taxation and competition in Brazil. As taxation influences decision on resource allocation by economic agents, the article will focus on two kinds of tax benefits: the Manaus Free Trade Zone and the fiscal. Established the way in which they can affect competition, the mechanisms present in the Brazilian legal system to prevent or correct competitive asymmetries caused by the granting of tax incentives will be evaluated. In order to better illustrate this scenario a parallel with Article 107 of the TFEU will be drawn. Considering that the Brazilian legal system does not have a similar prohibition, alternatives will be considered, such as Article 146-A of the Constitution of the Republic of Brazil, which provides for the possibility of editing a law establishing special criteria for taxation with the aim of preventing competition balances, and the possibility of competition advocacy exercised by the Brazilian Competition Defense System.  
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spelling doaj.art-5f8ada919f53417a9f2de47b14040e3f2023-08-31T18:59:05ZengUniversidade Presbiteriana MackenzieRevista Direito Mackenzie2317-26222023-08-01172Taxation, tax benefits and competition distortion in BrazilVicente Bagnoli0Vivian Leinz1Marcos Vinícius Sales dos Santos2Universidade Presbiteriana MackenzieMackenzie Presbyterian UniversityMackenzie Presbyterian University This research addresses the relationship between taxation and competition in Brazil. As taxation influences decision on resource allocation by economic agents, the article will focus on two kinds of tax benefits: the Manaus Free Trade Zone and the fiscal. Established the way in which they can affect competition, the mechanisms present in the Brazilian legal system to prevent or correct competitive asymmetries caused by the granting of tax incentives will be evaluated. In order to better illustrate this scenario a parallel with Article 107 of the TFEU will be drawn. Considering that the Brazilian legal system does not have a similar prohibition, alternatives will be considered, such as Article 146-A of the Constitution of the Republic of Brazil, which provides for the possibility of editing a law establishing special criteria for taxation with the aim of preventing competition balances, and the possibility of competition advocacy exercised by the Brazilian Competition Defense System.   http://editorarevistas.mackenzie.br/index.php/rmd/article/view/16050TaxationCompetitionTax benefits
spellingShingle Vicente Bagnoli
Vivian Leinz
Marcos Vinícius Sales dos Santos
Taxation, tax benefits and competition distortion in Brazil
Revista Direito Mackenzie
Taxation
Competition
Tax benefits
title Taxation, tax benefits and competition distortion in Brazil
title_full Taxation, tax benefits and competition distortion in Brazil
title_fullStr Taxation, tax benefits and competition distortion in Brazil
title_full_unstemmed Taxation, tax benefits and competition distortion in Brazil
title_short Taxation, tax benefits and competition distortion in Brazil
title_sort taxation tax benefits and competition distortion in brazil
topic Taxation
Competition
Tax benefits
url http://editorarevistas.mackenzie.br/index.php/rmd/article/view/16050
work_keys_str_mv AT vicentebagnoli taxationtaxbenefitsandcompetitiondistortioninbrazil
AT vivianleinz taxationtaxbenefitsandcompetitiondistortioninbrazil
AT marcosviniciussalesdossantos taxationtaxbenefitsandcompetitiondistortioninbrazil