Excerpt from Law 11,438 – Federal Law on Sports Incentives

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Document Information:

  • Year:
  • Country: Brazil
  • Language: English
  • Document Type: Domestic Law or Regulation
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This document has been provided by the
International Center for Not-for-Profit Law (ICNL).

ICNL is the leading source for information on th e legal environment for civil society and public
participation. Since 1992, ICNL has served as a resource to civil society leaders, government
officials, and the donor community in over 90 countries.

Visit ICNL’s Online Library at
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for further resources and research from countries all over the world.

Disclaimers Content. The information provided herein is for general informational and educational purposes only. It is not intended and should not be
construed to constitute legal advice. The information contai ned herein may not be applicable in all situations and may not, after the date of
its presentation, even reflect the most current authority. Noth ing contained herein should be relied or acted upon without the benefit of legal
advice based upon the particular facts and circumstances pres ented, and nothing herein should be construed otherwise.
Translations. Translations by ICNL of any materials into other languages are intended solely as a convenience. Translation accuracy is not
guaranteed nor implied. If any questions arise related to the accuracy of a translation, please refer to the original language official version of
the document. Any discrepancies or differences created in the tr anslation are not binding and have no legal effect for compliance or
enforcement purposes.
Warranty and Limitation of Liability. Although ICNL uses reasonable efforts to include ac curate and up-to-date information herein, ICNL
makes no warranties or representations of any kind as to its a ccuracy, currency or completeness. You agree that access to and u se of this
document and the content thereof is at your own risk. ICNL discl aims all warranties of any kind, express or implied. Neither ICNL nor any
party involved in creating, producing or delivering this document shall be liable for any damages whatsoever arising out of access to, use of
or inability to use this document, or any e rrors or omissions in the content thereof.

This document has been provided by the
International Center for Not-for-Profit Law (ICNL).

ICNL is the leading source for information on th e legal environment for civil society and public
participation. Since 1992, ICNL has served as a resource to civil society leaders, government
officials, and the donor community in over 90 countries.

Visit ICNL’s Online Library at
https://www.icnl.org/knowledge/library/index.php
for further resources and research from countries all over the world.

Disclaimers Content. The information provided herein is for general informational and educational purposes only. It is not intended and should not be
construed to constitute legal advice. The information contai ned herein may not be applicable in all situations and may not, after the date of
its presentation, even reflect the most current authority. Noth ing contained herein should be relied or acted upon without the benefit of legal
advice based upon the particular facts and circumstances pres ented, and nothing herein should be construed otherwise.
Translations. Translations by ICNL of any materials into other languages are intended solely as a convenience. Translation accuracy is not
guaranteed nor implied. If any questions arise related to the accuracy of a translation, please refer to the original language official version of
the document. Any discrepancies or differences created in the tr anslation are not binding and have no legal effect for compliance or
enforcement purposes.
Warranty and Limitation of Liability. Although ICNL uses reasonable efforts to include ac curate and up-to-date information herein, ICNL
makes no warranties or representations of any kind as to its a ccuracy, currency or completeness. You agree that access to and u se of this
document and the content thereof is at your own risk. ICNL discl aims all warranties of any kind, express or implied. Neither ICNL nor any
party involved in creating, producing or delivering this document shall be liable for any damages whatsoever arising out of access to, use of
or inability to use this document, or any e rrors or omissions in the content thereof.

Law 11,438 of December 29 th, 2006 – Federal Law on Sports Incentive

Art.1. From the 2007 to, and including, the 2015 calendar year, it may be deducted the income tax due
assessed in the Statement of Annual Adjustment by individuals , or in each assessment period, quarterly
or annual by the legal entity taxed based on actual profits, the amounts spent on sponsorship or
donation for direct support of sports and parasport s projects projects previously approved by the
Ministry of Sports. (Text by Law 11,472/07)
§ 1 The deductions referred to in the cap ut of this article shall be limited to:
I – for legal entities, 1% (one percent) of the tax due, subject to the provisions of §4 , art. 3 , of Law 9 ,249,
of December 26
th, 1995 in each assessment period; (Text by Law 11 ,472/07)
II – for individuals, 6% (six percent) of the tax due in the Statement of Annual Adjustment, jointly with
the deductions referred to in art. 22 of Law 9 ,532, of December 10
th, 1997.
§2 Legal entities cannot deduct the amounts referred to in the caput of this article for the purposes of
determining the actual profits and the basis for calculating the Social Contribution on Net Income – CSSL.

§3 The benefits referred to in this article do not exclude or reduce other tax benefits and deductions in
force.
§4 The amounts meant for sponsorship or donation favoring projects that directly or indirectly benefit
an individual or a legal entity connected to the donor or sponsor are not deductible.
§5 Are considered to be connected to the sponsor or donor:
I – the legal entity of which the sponsor or donor is owner, administrator, manager, shareholder or
partner at the date of the transaction or in the prior 12 (twelve) months;
II – the spouse, relatives up to the third degree including col laterals and the dependents of the sponsor,
donor or owners, administrators, shareholders or partners of a legal entity connected to the sponsor or
to the donor pursuant to subsection I of this paragraph;
III – the legal entity that is an affiliated, matrix or subsidiary or having as holders, administrators,
shareholders or partners any of the persons referred to in item II of this paragraph.

Art. 2. The sport s and parasport s projects that will be favored by resources to be raised and addressed
upon the in centive provided in this law shall meet at least one of the following modalities according to
the terms and conditions specified in the regulations: (text by Law 11,472/07)
I – educational sport s;
II – participation sports ;
III – performance sport s.
§1 The sports projects aim ed at promoting social inclusion through sports, preferably in communities of
social vulnerability may receive the resources arising from the incentives provided in this law .
§2 It is forbidden to use the resources arising from t he incentives provided in this Law for the payment
of com pensation to professional athletes according to Law 9,615, of March 24th, 1998, in any sport.
§3 The proponent cannot raise f or each project, including sponsorship and donations, a n amount
superior to th at approved by the Ministry of Sports as per art. 4 of this Law.

Art. 3. For the purposes of this Law it is considered:

I – Sponsorship
a) the free and permanent transfer of cash to carry out sport s and parasport s projects , to the proponent
referred to in item V, caput of this article, aimed at promotional and institutional advertising; (Text by
Law 11,472/07)
b) the covera ge of expenses or the use of goods or real estate from the sponsor without the transfer of
it dominium, t o carry out sport s and parasp orts projects by the proponent referred to in item V , caput
of this article; (Text by Law 11 ,472/07)
II – donation:
a) the free and permanent transfer to the proponent referred to in item V, caput of this article , of cash,
goods or services for the implementation of sport s or parasport s projects, provided that it will not be
used for advertising, even for marketing the activities of the project; (Text by Law 11,472/07)
b) the free distribution of tickets to sports and parasport s events by a legal entity to its employees and
their legal dependents , or to members of communities of social vulnerability; (Text by Law 11,472/07)
III – sponsor: the individual or legal entity, income tax taxpayer, that support s projects a pproved by the
Ministry of Sport according to item I , cap ut of this article;
IV – donor: individual or legal entity, i ncome tax taxpayer, that supports projects approved by the
Ministry of Sport according to section II , cap ut of this article;
V – pr oponent : a public legal entity or a non -profit private legal entity of sport s nature that have
p rojects approved under this Law.