The SF/Surem Normative Instruction 17/2024 regulates the issuance of the Electronic Service Invoice (NFS-e) by service providers offering fixed-odds betting lottery services, whether physical or virtual, as outlined by Federal Law No. 13,756.
According to the regulation, service providers may issue a single monthly NFS-e per subitem, with the “Total Invoice Amount” field filled with the sum of the total revenue from fixed-odds betting lotteries, whether physical or virtual, collected during the month. From this amount, non-taxable remittances under the Service Tax (ISS) must be deducted.
Each NFS-e must list the last day of the month as the service provision date and must follow the standard NFS-e format, except for the field identifying the service recipient, which should be filled with the service provider's information.
Service providers must maintain auxiliary accounting records that clearly identify revenue subject to ISS taxation.
In practice, each betting company operating in the city of São Paulo will issue only one monthly invoice for the total taxable amount in the municipality. This change greatly streamlines processes and is expected to attract even more companies in the sector to São Paulo.
“Before the publication of this Normative Instruction, there were two invoicing scenarios. The first was for betting companies that did not apply for a special regime and therefore had to issue an invoice for each individual bet. The other scenario was for companies that requested this special regime to avoid the bureaucratic burden,” explains Thiago Salvioni, São Paulo’s Deputy Secretary of Municipal Revenue.
The new rules bring significant advantages, such as reduced bureaucracy and greater efficiency in applying taxes to operators based in São Paulo.
“The betting sector involves numerous daily transactions, all made directly from the website to an individual. This allowed us to authorize all betting companies for a special regime, consolidating all services provided in the month into a single invoice, provided that they maintain a record of all operations that make up the invoice,” Salvioni justifies.
“This initiative demonstrates our commitment to attracting new businesses to São Paulo, creating a streamlined yet compliant environment for them to establish operations, simplifying the tax compliance process for companies in the betting sector,” concludes the Deputy Secretary.
Luiz Felipe Maia, founder and partner at MAIA YOSHIYASU Advogados, who has been actively involved in attracting companies to São Paulo, comments: “The São Paulo City Hall, through Mayor Ricardo Nunes and the Department of Finance, has successfully made the city a hub for gaming and betting companies.”
“With an ISS rate of 2% and a regime that allows for issuing only one invoice per month, São Paulo offers the most favorable conditions in the country for these companies to establish themselves,” he emphasizes.
An expert in all aspects of iGaming, including tax and strategic considerations, Maia concludes: “We have had the opportunity to engage in discussions with the authorities involved and are grateful for the attention the sector has been receiving in São Paulo.”
Source: GMB
