Siscoserv: 10 Questions and Answers on Service Procurement and Sales Registration

Import and export transactions or the acquisition and sale of services and intangibles and other operations that produce changes in equity must be recorded in Siscoserv.

Therefore, Siscoserv is a system whereby the ancillary obligation to report such transactions is fulfilled.

1. What is Siscoserv?

Siscoserv stands for Integrated Foreign Trade in Services, Intangibles and Other Operations that Produce Changes in Equity.

It is a computerized system, developed by the Federal Government, for the registration of transactions between residents or domiciled in Brazil and residents or domiciled abroad including services, intangibles and other operations that produce changes in individuals, legal entities or depersonalized entities equity.

Siscoserv is managed by the Federal Revenue of Brazil (RFB) and the Ministry of Economy, Industry, Commerce and Services (MDIC).

2. In practice, what kind of operations should be recorded?

The legislation provides for operations such as:

• Services: when services are provided from one party to another.

• Intangible assets: cases in which there is a transfer or assignment of intangible assets and rights.

• Other operations: These may be mixed operations involving service and product at the same time, leasing, financial transactions, and franchises, among others.

Transactions involving the importation or exportation of physical goods or merchandise should not be registered in Siscoserv, but in Siscomex (Integrated System of Foreign Trade).

3. What situations is registration unnecessary?

• The taxpayer who has not used public mechanisms to support foreign trade.

• The legal entity opting for Simples or Individual Microentrepreneur (MEI).

• An individual who does not engage in economic activity abroad and does not exceed the legal limit of US$ 30,000, or the equivalent in another currency, per month.

4. How to acess Siscoserv?

Siscoserv is available at the following website: www.siscoserv.mdic.gov.br.

Access to the system must be by e-CPF digital certificate.

5. What are the sale and purchase modules in Siscoserv?

Sale Module – The sale of services, including exports, performed by residents or domiciled in Brazil to residents or domiciled abroad is declared.

Acquisition Module – The acquisition of services, including imports, performed by residents or domiciled in Brazil of residents or domiciled abroad is registered.

Complete information on the modules can be obtained from the Siscoserv manuals provided by MDIC.

6. I am in doubt about the classification of a service. How to proceed?

The user may refer to the Brazilian Nomenclature of Services, Intangibles and Other Transactions that Produce Changes in Equity (NBS), as well as its Explanatory Notes to the Brazilian Nomenclature of Services, Intangibles and Other Transactions that Produce Changes in Equity (NEBS).

7. What is the deadline for recording information in Siscoserv?

The deadline for registration is the last business day of the third month following the date of commencement of the rendering of services, of the commercialization of intangible assets, or of the operation in accordance with the aforementioned.

There is also the case of Commercial Presence Registration (RPC), which must be registered by the last business day of June of the year following the operations.

8. Are there any penalties for non-compliance?

Yes. The taxpayer who has the obligation and fails to provide them or present them with inaccuracies or omissions will be summoned to present them or to provide clarifications within the deadline set by the RFB and will be exposed to fines.

9. I have never made any kind of registration, although it falls under the obligation. What to do?

The recommendation of the managing bodies is that the delayed processes are registered. The amount of the fine will be calculated based on the delayed period.

10. Should I hire a consultant specialized in Siscoserv?

Verifying all aspects related to the obligation, deadlines, fines and penalties of Siscoserv requires attention of the taxpayer. Enlisting the help of a specialized advisory service minimizes the risk of errors in the records, avoiding the incidence of fines and problems with the tax authorities.

Domingues e Pinho Contadores maintains an area dedicated to Siscoserv which provides guidance on transaction records, ensuring compliance and full compliance with legal requirements. With this support, the person obliged to such records now has full control of international service and intangible transactions.