The Finance Department of the city of São Paulo has defined, through Normative Instruction 17/2024, the rules for issuing Electronic Service Invoices (NFS-e) by operators of sports betting and online games. According to the measure, sites may issue only one NFS-e per month, as opposed to the previous requirement where each bet would be subject to the issuance of a fiscal document.
Normative Instruction SF/Surem 17/2024 regulates the issuance of Electronic Service Invoices - NFS-e by service providers in cases of entities authorized to explore fixed quota betting lotteries in physical or virtual environments, as addressed by Federal Law No. 13.756.
According to the norm, service providers are allowed to issue a single monthly NFS-e per subitem, filling in the "Total value of the invoice" field with the sum of the product of the collection from the fixed quota betting lottery in physical or virtual environments for the month, deducting from this amount the non-taxable transfers by the Tax on Services of Any Nature - ISS.
The filling out of each NFS-e will consider the last day of the month as the date of service and must follow the standard adopted for filling out other NFS-e, with the only exception being the field designated for indicating the service recipient, which must be filled with the identification of the service provider.
The service provider must maintain auxiliary accounting records that enable the perfect identification of revenues subject to ISS taxation.
In practice, each bet placed in the city of São Paulo will issue only one invoice per month for the total revenues, for tax purposes in the municipality, which brings much more agility, in addition to ensuring the attraction of even more companies from the sector to the capital of São Paulo.
“Until the publication of the Instruction, there were two scenarios for issuing invoices. The first was for bets that did not request a special regime and, by not requesting this, would have to issue an invoice for each bet. The other is for companies that requested this condition due to the bureaucracy it could generate for the companies,” explains Thiago Salvioni, Deputy Secretary of Municipal Revenue of São Paulo.
With the definition of the new rules, the great advantage is the reduction of bureaucracy and greater agility in the application of taxes on operators installed in the city of São Paulo.
“The betting sector involves many operations per day and all of them are made directly from the site to an individual, this gave us the possibility that all bets have authorization for a special regime, consolidating the entire service provision, in the month, in just one note for each one, with the condition that it maintains a record of all the operations that make up the note,” justifies Salvioni.
“With this, we demonstrate our vocation in attracting new companies to the city of São Paulo, creating a deregulated environment, but at the same time consolidated and in accordance with the municipal tax rules, so that they come to establish themselves, facilitating the day-to-day compliance with the tax obligations of companies in the betting sector,” concludes the Deputy Secretary.
In the assessment of Luiz Felipe Maia, founder and partner of MAIA YOSHIYASU Lawyers, who has been working intensively in attracting companies to the city of São Paulo, “The City Hall of São Paulo, through Mayor Ricardo Nunes and the Finance Department, managed to turn the municipality into a hub of attraction for companies in the gaming and betting sector.”
“With an ISS rate of 2% and a regime that allows the issuance of only one invoice per month, São Paulo presents the most favorable conditions in the country for the installation of these companies,” he reinforces.
An expert in iGaming in all its nuances, including tax and strategic aspects, Luiz Felipe Maia concludes: “We had the opportunity to participate in conversations with the involved authorities and we are grateful for the attention that the sector has been receiving in São Paulo.”
Source: GMB
